Practice Areas
Bankruptcy and Insolvency-related Litigation
Overview
Overview
We offer a unique blend of knowledge in litigation and bankruptcy practice that allows us to provide exceptional service in bankruptcy-related litigation on a contingency basis. We are often retained by post-confirmation trustees or creditors committees to act as special litigation counsel. We also routinely represent creditors, including asset-backed lenders, seeking to protect their rights in secured assets or other estate assets. We have been retained to investigate and litigate claims for breach of fiduciary duty against former directors and officers of the debtor, and claims to recover fraudulent transfers and preferences, and general commercial claims to help collect and monetize assets for distribution to creditors. We also represent large creditors seeking to protect their rights in the bankruptcy proceedings themselves. As part of our bankruptcy-related practice, we review and analyze “director and officer” insurance policies, negotiate aggressively with carriers, and work to resolve disputes through mediation.
Experience
- In re Willowood USA Holdings, LLC ("Debtor"): We represented the Litigation Trust of Willowood USA Holdings, LLC, seeking almost $50 million in contractual indemnification arising from Debtor's 2016 acquisition of Willowood USA, Inc. Matter settled favorably for the Litigation Trust after mediation.
- Hebrew Hospital Senior Housing, Inc.: Represented post-confirmation Plan Administrator of Hebrew Hospital Senior Housing, Inc. d/b/a Westchester Meadows, a bankrupt “continuing care retirement community,” in action against certain Hebrew Hospital Senior Housing, Inc.’s former officers and directors for breach of fiduciary duties and other causes of action. We obtained an $8 million settlement on behalf of the estate.
- Forest Park Medical Center of Ft. Worth: Represented post-confirmation Creditor Trustee prosecuting claims against former managers and members of Forest Park Medical Center of Ft. Worth for breaches of fiduciary duty and other causes of action. Matter was resolved favorably for the Creditor Trustee.
- Energy & Exploration Partners, Inc. Creditor Trust: Represented post-confirmation Creditor Trustee prosecuting claims against lender for fraudulent conveyance arising out of a Debtor’s pre-petition payment of a “make whole” provision in connection with early repayment of debt. Matter was resolved favorably for the Creditor Trustee. Investigated claims against former officers and directors of Energy & Exploration Partners, Inc.
- Advance Watch Company, Ltd. Creditor Trust: Representing post-confirmation Liquidating Trustee prosecuting claims against former officers and directors of Advance Watch Company, Ltd., and related entities for breach of fiduciary duty.
- Vivaro Corporation Creditor Trust: Represented post-confirmation Creditor Trustee of Vivaro Corporation in arbitration against Catalina Acquisitions LLC asserting claims for breach of promissory note arising out of Vivaro’s sale of Unidos Financial Services, Inc., to Catalina Acquisitions. Matter resolved favorably for the Creditor Trustee.
- Industrial Enterprises of America v. 12 different adversary proceedings in a in the Bankruptcy Court, District of Delaware and one civil action in the United States District Court for the District of Colorado. Bragar Eagel & Squire, P.C., along with another firm, represents a trustee in bankruptcy of a company that was the subject of a major fraud for which the two principals were convicted of fraud and jailed. We are pursuing the thirteen actions against one hundred and twenty defendants for a variety of wrong doing ranging from orchestrating the fraud, assisting the fraud, to constructive fraudulent conveyance and unjust enrichment.
- In re Universal Automotive Industries, Inc. et al., U.S.Bkr.Ct., Dist. N.J. (2007), Represented trustee and secured lenders in claims against former officers and directors. Case resolved favorably for plaintiffs.
- In re Acclaim Entertainment, Inc., et al., U.S.Bkr. Ct., E.D.N.Y. (2005); Represented trustee in litigation against former officers and directors. Case resolved favorable for trustee.
- In re Allou Distributors, Inc., et al., U.S. Bk. Ct., E.D.N.Y. (2004), Represented trustee and secured lenders in claims against former officers and directors. Case resolved favorably for plaintiffs.
- In re Worldcom, et al., U.S. Bank. Ct., S.D.N.Y. Case No. 02-13533 (2002); Represented patent owner in multimillion dollar claim for patent infringement. Case resolved favorably for client.
- In re Enron Corp. 292 B.R. 507, 2002 WL 31374717. Shareholders filed suit against a corporation that withdrew from a merger agreement with the debtor corporation seeking to enforce the merger agreement. Case was settled for $6 million.
- Arbor Place, L.P. v. Encore Opportunity Fund, L. L. C. Not Reported in A.2d, 2002 WL 205681 Investors in a hedge fund sued for misrepresenting the value of the investments. Case resolved favorably for plaintiffs.