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Bankruptcy – Representation of Trustees and Other Professionals

Members of our group regularly represent bankruptcy trustees, financial advisors, the trustees of liquidating trusts and other professionals in bankruptcy cases. We routinely obtain the appointment of professionals, represent them during the proceedings, prepare fee applications, resolve disputes regarding the payment of their fees, and negotiate litigation and liquidating trust agreements on their behalf. We have prosecuted preference and other avoidance actions and resolved claims objections on behalf of bankruptcy trustees to maximize the recoveries of unsecured creditors.

Representative Matters

  • Represented a Chapter 7 trustee in the liquidation of media technology company resulting in a distribution of unsecured creditors, and the payment in full of priority employment related claims through the enforcement of the debtor’s contracts and the prosecution of several large avoidance actions; representation also involved the liquidation of the debtor’s U.K. based subsidiary
  • Represented the trustee in the formation of a litigation trust to prosecute and distribute the proceeds of malpractice litigation arising from a failed Gulf Coast condominium project
  • Assisted turnaround professionals with negotiating the terms of their engagement, including indemnification and Jay Alix Protocol issues
  • Counseled technology consultant concerning prepetition claim and other issues affecting its retention as debtor’s professional in a Chapter 11 case; prepared fee applications for consultant and successfully obtained payment of same; advised consultant concerning debtor’s ability to assign its license agreement
  • Prepared fee applications for professionals, negotiated resolutions of disputed fees with debtor’s and committee counsel and represented professionals at hearings on fee application approval
  • Sought and obtained reconsideration of disallowed professional fees and expenses
  • Advised professionals concerning disinterestedness requirements, imputed disqualifications and permissibility of fee sharing in bankruptcy
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