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Bankruptcy Litigation


Litigation matters in bankruptcy cases move fast and are invariably sophisticated and complex. Fortunately, our bankruptcy litigators are highly knowledgeable, proficient, and responsive, and they are well-versed in the intricacies of bankruptcy litigation no matter what direction an adversary proceeding or contested matter takes.

Our team not only has the expertise and experience to adeptly manage the high-stakes courtroom environment, but we are experts in the underlying business, transactional, commercial, financial, lending, real estate, and tax topics that bankruptcy cases are built upon.

We represent both individuals and entities in complex adversary proceedings involving bankruptcy matters, including cases related to director and officer liability, insurance coverage, employment matters, preferential transfers, fraudulent transfers, avoidance actions, plan confirmation issues, state law tort claims, contractual matters, and claim objections, among other issues. We have handled an array of multimillion-dollar cases as both lead counsel and local counsel, and we are equipped to steer our clients through everything from motions and discovery to mediations (judicial and private) and court hearings.

We regularly represent clients in bankruptcy and creditors’ rights matters in federal and state courts throughout Virginia, including in the U.S. Bankruptcy Court for the Eastern District of Virginia, one of the busiest bankruptcy courts in the country.

Representative Experience

  • Represented an interested party in multi-prong effort to address disclosure obligations of court-approved professionals employed in large bankruptcy cases pursuant to Bankruptcy Rule 2014 and 11 U.S.C. § 327.
  • Defended a consumer finance company in a bankruptcy adversary proceeding alleging failure to comply with bankruptcy proof of claim documentation requirements and seeking certification of a class claim objection on behalf of a putative class of individual debtors.
  • Defended a biomarker discovery company in a bankruptcy adversary proceeding alleging breach of a pre-petition license agreement concerning the client’s intellectual property related to a prediabetes diagnostic test.
  • Defended a consumer financial services institution in a multi-million-dollar bankruptcy adversary proceeding alleging breach of a post-petition services contract.
  • Prosecuted hundreds of preference avoidance actions for Chapter 7 trustees.
  • Represented numerous defendants in adversary proceedings filed by Chapter 11 debtors in possession, Chapter 11 liquidating trustees and Chapter 7 trustees seeking avoidance of preferential and/or fraudulent transfers.
  • Represented numerous defendants in bankruptcy and U.S. District Court-ordered mediations.
  • Defended a national commercial lending institution in a bankruptcy adversary proceeding seeking the avoidance of preferential transfers made by a debtor in a Chapter 7 bankruptcy case.
  • Represented numerous landlords in national retail bankruptcy case.
  • Represented national manufacturing interests in national retail bankruptcy case.
  • Represented the Hong Kong Bank of Canada in a seizure of collateral from a textile manufacturing facility.
  • Represented Federal National Mortgage Association (“Fannie Mae”) in a complex series of bankruptcy cases relating to major Virginia real estate developer. Obtained relief from stay against real estate developments and defeated debtor’s cram-down Chapter 11 plan of reorganization.
  • Represented the Virginia Attorney General as special counsel for bankruptcy matters. Representation included the Department of Information Technology in the WorldCom bankruptcy, the Lottery Department in major financial fraud/bankruptcy case (Nelco), the Workers’ Compensation Commission in major coal company bankruptcy in Denver, Colorado, the Department of Motor Vehicles in an oil company bankruptcy regarding non-payment of trust fund fuel taxes and the Department of Medical Assistance Services in a nursing home bankruptcy. Successfully defended the Department of Corrections on constitutional sovereign immunity grounds in $800,000 turnover action in bankruptcy court.
  • Represented the Resolution Trust Corporation in a bankruptcy foreclosure against a golf resort hotel in Pinehurst, North Carolina.
  • Represented international lender in defense of purchase money security interest in heavy equipment valued at $2,000,000 through bankruptcy court, federal district court and federal circuit court of appeals.
  • Represented international lender in shutting down manufacturing facility and repossession of manufacturer’s inventory. Instituted/prosecuted 80 cases to collect accounts receivable, resulting in complete multi-million dollar recovery – all outside of bankruptcy.
  • Represented international cosmetics manufacturer in defense of preference action relating to regional department store bankruptcy.
  • Represented national lender in bankruptcy case resulting in recovery of multi-million dollar printing equipment.
  • Represented special creditor committee/investor group with multi-million dollar claim in Pittsburgh bankruptcy case, aggressively challenging debtor regarding misapplication of loan/equity contribution proceeds. Forced appointment of Chapter 11 trustee and obtained full recovery for client.

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