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When the commercial stakes are highest, clients rely on Paul, Weiss to handle their most challenging and fast-moving bankruptcy and insolvency-related disputes. Combining the capabilities of our market-leading Bankruptcy & Corporate Reorganization Department and our renowned Litigation Department, we work to achieve the most favorable results for our restructuring clients, whether in the courtroom or in settlement negotiations.

Our Practice

Our Bankruptcy Litigation team works hand in hand with our preeminent Bankruptcy & Corporate Reorganization Department to ensure the best possible outcomes for clients facing challenging situations in the context of a bankruptcy, out-of-court restructuring or insolvency, whether domestic or foreign.

Our litigators represent the world’s best-known companies, ad hoc and official committees, leading investors in the distressed asset space, and lenders, reflecting the balance of debtor, creditor and investor matters that our bankruptcy lawyers regularly handle in complex distressed situations. This unique practice diversity and depth of experience give our litigators a nuanced, strategic perspective and the know-how to achieve outstanding results, even under extreme time pressure.

We prosecute and defend a broad range of contested matters and adversary proceedings arising in bankruptcy proceedings and other restructuring and insolvency situations, including:

  • asset sale and valuation disputes
  • breach of fiduciary duty claims
  • cash collateral disputes
  • contested claims
  • examiner and trustee investigations
  • fraud allegations
  • fraudulent conveyance and other avoidance actions
  • insider/control issues
  • lender liability
  • lien avoidance and priority disputes
  • litigation trust claims
  • plan confirmation and enforcement 
  • post-confirmation officer and director litigation
  • post-settlement defense
  • special litigation committee investigations
  • successor liability

Insolvency-related Disputes: The matters we litigate in the restructuring context are noteworthy for their size, speed and complexity. We regularly go up against the most skilled adversaries and win; this readiness to go to trial is an invaluable tool in advancing our clients’ objectives.

Internal Investigations and Litigation Valuation: A successful restructuring may turn on the resolution of pending, threatened or anticipated litigation of issues ranging from mass torts to regulatory investigations to other bet-the-company liabilities that are difficult to resolve through the bankruptcy process itself. Our peerless investigative capacity and broad-based litigation experience, coupled with our in-depth understanding of the bankruptcy process, equip us to assess and find a path to resolution for these difficult exposures. 

Strategic Advice: We provide boards, special committees and other fiduciaries with the strategic and tactical advice they need to minimize litigation exposure in their restructuring planning.

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