Our knowledge of bankruptcy law and proceedings has helped us carve a niche in the often overlapping sphere of litigation. We have a particularly strong practice of representing clients who have invested in a company undergoing reorganization. Because of our expertise, we have acted as bankruptcy counsel to other firms pursuing claims on behalf of their clients. We are also involved in more traditional aspects of reorganization and bankruptcy proceedings. For example, we have been appointed by creditors’ committees to pursue claims for their benefit and the benefit of the estate. We are often retained by bankruptcy trustees and official committees to investigate and commence litigation arising out of financial misrepresentation and fiduciary breach claims.
Representative Cases/Reported Decisions
Hebrew Hospital Senior Housing, Inc.: Representing 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.
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.