Bankruptcy Litigation

At Farella, we have extensive experience negotiating and litigating in bankruptcy and state courts throughout the United States.  We have assisted clients navigate the compressed time frames, which are common to bankruptcy courts, and leverage the unique substantive law and procedural rules that make bankruptcy litigation different from other commercial litigation.  Key areas of experience include:

Fraudulent transfer litigation (under both Bankruptcy Code and state law)

  • Preference actions
  • Fraud and other misconduct claims
  • Breach of fiduciary duty and other director/officer liability
  • Equitable subordination of claims
  • Recharacterization of debt as equity
  • Alter ego/piercing the corporate veil
  • Insurance coverage disputes

Our bankruptcy litigators have extensive experience with virtually every type of matter that is potentially brought under the Bankruptcy Code as well as relevant non-bankruptcy law.  Our experience representing both plaintiffs (often trustees and other bankruptcy estate representatives) and defendants in such litigation gives us a unique perspective in approaching these cases and achieving exemplary results.  Lead by a board certified bankruptcy expert, our team's experience and sophistication also helps to formulate creative solutions to complex matters.  We also can offer flexible and creative fee arrangements, designed to create maximum value for clients.