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Bankruptcy Litigation

Clients rely on our comprehensive practice that covers all aspects of bankruptcy-related litigation—from disputes over plan confirmation to lender liability and equitable subordination claims to issues arising out of insurance disputes and mass tort-related bankruptcies.

We routinely represent the agents for prepetition secured lenders in major bankruptcies such as MF Global, Federal-Mogul, Sunbeam, Delphi, Reader’s Digest, Oriental Trading, Local Insight and Interstate Bakeries. In addition to generally representing secured creditors, we litigate fraudulent conveyance, preferential transfer, equitable subordination/disallowance and recharacterization claims brought against lenders and others.

Private equity clients also seek our advice concerning their current or former portfolio companies. These engagements involve the same types of avoidance and subordination claims as our lender work, as well as breach of fiduciary duty and other corporate governance-related claims. In addition, insurers also rely on us in asbestos-related bankruptcies and related proceedings.

“They are all smart, strategic and responsive, and consistently exercise good judgment.”
– Euromoney's Benchmark Litigation 2018 (quoting a client)

Clients trust the advice of our distinguished trial and bankruptcy lawyers, who have represented key players in many of the largest, most complicated reorganizations of the last decade, including Chrysler, GM, Cengage Learning, Lightsquared, United Airlines, Delta Air Lines, Enron, Adelphia, Pacific Gas & Electric, Calpine, LyondellBasell Industries and Mirant.

We excel at crafting creative out-of-court solutions to the thorniest bankruptcy disputes. When circumstances demand, our bankruptcy litigators have the necessary experience and sophistication to take cases from discovery all the way through trial and appeal.

“They hire very smart people who are highly responsive and anticipate, rather than react to, problems.”
Chambers USA 2016 (quoting a client)

News & Events

    Publications

      Spotlight on
      Simpson Thacher Named Insurance Litigation Department of the Year by New York Law Journal
      Spotlight on
      Securities and Insurance Litigation Practices Receive National Practice Group of the Year
      Spotlight on
      Simpson Thacher Profiled in the New York Law Journal as Litigation Department of the Year for Finance
      Spotlight on
      Stephen M. Cutler, Former General Counsel of JPMorgan Chase & Co. and SEC Director of Enforcement, to Join Simpson Thacher as a Partner