Best & Flanagan


Litigation: Bankruptcy Litigation & Motions

Our attorneys are veteran advocates in prosecuting and defending litigation claims that arise out of bankruptcy proceedings. We consistently deliver both trial experience and a multi-dimensional understanding of the bankruptcy code in order to resolve even the most complex bankruptcy disputes both in and out of court. Our experience includes a broad range of bankruptcy litigation disputes, such as those pertaining to:

  • Relief from the automatic stay
  • Cash collateral
  • Claim objections
  • 363 Sales transactions
  • Confirmation of reorganization plans
  • Debtor-in-possession financing
  • Discharge and dischargeability challenges
  • Fraudulent transfer actions
  • Preference recovery actions
  • Appeals

Chapter 11 and 7 matters often involve litigation that can unfold rapidly. We stand ready to advocate the rights of creditors in litigation pertaining to Chapter 11 plans and disclosure statements, as well as in motions to assume or reject leases and executory contracts. We are also involved in adversary proceedings, and represent bankruptcy trustees in claims involving fraudulent schedules and misusing the bankruptcy system (stall tactics), as well as defaults on the bankruptcy plan.

In addition, we represent creditors in adversary proceedings regarding objections to debt discharge through bankruptcy as the result of fraud or other cause. We also provide a track record of success in contesting the priority or perfection of competing creditor liens. Finally, we represent individuals and companies who find themselves defending fraudulent transfer and preferential transfer avoidance litigation brought by bankruptcy estates.