Bankruptcy and Creditors' Rights Litigation

Protecting the interests of creditor and debtor clients in the courtroom 

Dechert’s bankruptcy litigators know how to achieve success in disputed matters in the courtroom and before appellate courts. They represent clients in complex adversary proceedings and contested matters in bankruptcy and insolvency proceedings, restructurings, reorganizations and liquidations.

The overarching goal is to protect the client’s interests. For creditors, we help maximize their recoveries. For debtors, we work to limit their liability and preserve business viability. We also represent and assert the interests of other significant parties affected by bankruptcies such as investors and equity owners. Our litigators are masters of the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure. They know how to align litigation decisions with clients’ underlying bankruptcy-related strategy to strengthen and secure clients’ interests. On the tactical side, they are highly skilled at planning and completing extensive discovery, taking and defending depositions and handling witness and expert testimony, especially in fast-tracked cases.

Litigating the full range of issues

Dechert’s litigators represent clients in disputes related to the full range of issues in connection with U.S. and cross-border bankruptcy matters, including:

  • Plan confirmation
  • Classification of claims
  • Third-party releases
  • Treatment under the plan of reorganization
  • Fraudulent conveyance claims
  • Preferences
  • Re-characterization of debt
  • Debtor-in-possession and other types of financings
  • Asset sales
  • Equitable subordination
  • Application of the automatic stay
  • Appointment of trustees
  • Substantive consolidation
  • Executory contracts
  • Asset valuation
  • Recognition of foreign proceedings and other relief in Chapter 15 cases