Simpson Thacher is home to an extensive bankruptcy litigation practice covering every facet of bankruptcy law, from disputes over plan confirmation to lender liability and equitable subordination claims to collateral issues arising out of mass tort-related bankruptcies.
We routinely represent the agents for prepetition secured lenders in major bankruptcies such as Federal-Mogul, Sunbeam, Delphi and Interstate Bakeries. In addition to representing the interests of secured creditors generally, we frequently litigate fraudulent conveyance, preferential transfer, equitable subordination or disallowance, and recharacterization claims brought against lenders. We also regularly represent private equity clients in connection with bankruptcy claims involving their current or former portfolio companies. These representations involve the same types of avoidance and subordination claims as our secured lender work and, frequently, breach of fiduciary duty claims.
Our distinguished trial and bankruptcy lawyers have worked closely in representing the key players in many of the largest and most complicated reorganizations of the last decade, including Calpine, Enron, Federal-Mogul, Adelphia, Pacific Gas & Electric, United Air Lines, Delta Air Lines and Mirant. This multi-disciplinary approach enables us to bring an unparalleled level of quality and expertise to each of our bankruptcy litigation representations.
We excel at crafting creative out-of-court solutions to the thorniest bankruptcy disputes. But when circumstances demand, our bankruptcy litigators have the experience and sophistication necessary to take cases from discovery all the way through trial and appeal.