Chapter 11 Bankruptcy And Insolvency Litigation

Bailey & Galyen’s Bankruptcy and Insolvency Litigation Team is led by Attorney a board certified business bankruptcy attorney with over 26 years of experience in dealing with bankruptcy and insolvency litigation. Bankruptcy and insolvency matters present a rich environment for litigation. This litigation can involve fast paced “contested matters” as well as more traditional “adversary proceedings.” From initial filing, discovery and trial of a matter, we have dealt with virtually every type of dispute that arises in a bankruptcy context. Our lead attorney has deep experience in dealing with bankruptcy litigation matters including:

  • Involuntary Bankruptcy Proceedings, whether for a debtor, the petitioning creditors, or lender
  • Debtor in Possession Financing and Cash Collateral Matters, whether for a debtor, lender, creditors committee, or other competing secured creditor
  • Disputes on Asset Sales, for the debtor, committee, interested party, or successful bidder or stalking horse
  • Disputes over performance of Leases and Contracts, whether for the debtor, the counterparty, or other parties in interest
  • Motions for Relief from Stay, defending and prosecuting
  • Disputes over Abstention from a Case and Remand
  • Litigation Regarding Appointment of an Examiner or Trustee
  • Disputes over a Debtor’s Motion to Extend Plan Exclusivity Time Periods
  • Litigation Concerning the Adequacy of a Disclosure Statement
  • Disputes on Plan Solicitation, Voting and Confirmation
  • Disputes on the Allowance of Claims
  • Contempt Proceedings
  • Objections to jurisdiction and venue
  • Turnover Actions for Recovery of Property
  • Avoidance of Liens, Security Interests and Interests in Property
  • Recovery of Preferential Transfers
  • Avoidance of Fraudulent Transfers, whether constructive or intentional
  • Subordination or Recharacterization of Claims or Interests
  • Objections to Discharge and Dischargeability
  • Actions to Set Aside Confirmation or Other Orders of the Court
  • TRO and Injunction Matters
  • Receiverships
  • Fraud and Fiduciary Duty Claims
  • Officer and Director Claims
  • Insurance Coverage Disputes
  • Breach of Contract and Debt Collection
  • Derivative suits affecting a Debtor
  • Litigation Concerning Insurance Coverage for a Debtor
  • Claim Estimation
  • Objections to Exemptions
  • Litigation Regarding Retention and Payment of Counsel Under the Bankruptcy Code
  • Litigation Regarding the Substantive Consolidation of Bankruptcy Debtors with Affiliates
  • Proceedings to Review or Vacate Court Orders

Board Certification

Bankruptcy litigation matters present special challenges and a substantial body of unique substantive law and procedural rules that make litigation in a bankruptcy court different from regular civil litigation. As noted above, our bankruptcy team is led by a Board Certified Business Bankruptcy Attorney with over 26 years of experience and who possesses the essential tools for civil litigators who are confronted with litigation in a bankruptcy context.

Value Conscious

Our lawyers have experience in litigation matters ranging from matters in which millions of dollars are in dispute as well as more modest disputes. We have a keen understanding for what clients want from their litigation counsel. We work closely with our clients to ensure that the legal services provided are reasonable and necessary and do not exceed the client’s expectations. At Bailey & Galyen, we take pride in providing the high quality of legal services one would expect from the larger firms for substantially less cost to the client.

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