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Restructuring Litigation

In addition to actively practicing in state and federal courts across the United States, our deep bench of litigators has a wealth of experience in bankruptcy courts. The restructuring litigation team, partnering seamlessly with V&E’s global restructuring and reorganization practice, advances and protects clients’ interests in contested matters, adversary proceedings, and other litigation incidental to complex corporate restructurings and bankruptcy proceedings.

V&E’s bankruptcy litigators have strong courtroom skills and regularly handle complex disputes that require a specialized understanding of the Bankruptcy Code. Some examples include:

  • Adequate Protection
  • Adversary Proceedings
  • Assumption/Rejection of Contracts
  • Automatic Stay Relief
  • Avoidance Actions
  • Cash Collateral Issues
  • Claim Disputes and Objections
  • Critical Vendor Motions
  • DIP Financing
  • Disclosure Statements
  • Equitable Subordination
  • Equity Committees
  • Exclusivity
  • Fiduciary Duty Claims
  • Fraudulent Transfer Actions
  • Key Employee Incentive Plans
  • Key Employee Retention Plans
  • Lien Challenges/Disputes
  • Management Incentive Plans
  • Material Adverse Changes/Material Adverse Events
  • Midstream Contract Analysis
  • Plan Confirmation
  • Recharacterization of Claims
  • Restructuring/Plan Support Agreements
  • Retention Applications
  • Rule 9019 Settlements
  • Tax Claims
  • Third-Party Releases
  • Valuation Disputes
  • 2004 Exams

 

Our bankruptcy litigators and restructuring attorneys provide services both in and outside of the courtroom, including pre-litigation risk management assessments and risk mitigation strategies.

Our clients include debtors, sponsors, agents of syndicated credit facilities, secured and unsecured creditors, landlords, court-appointed bankruptcy trustees, official and ad hoc committees, liquidating trusts/litigation trustees, and various other interested parties in contested matters and adversary proceedings. Our team has broad experience litigating avoidance actions, including all types of fraudulent and/or preferential transfer claims. We also represent clients in ancillary proceedings, foreign insolvency proceedings, and cross-border insolvency cases.

Outside of bankruptcy court, our litigators represent financial institutions, private equity funds, investment banks, law firms, and other clients in state and federal court litigation and arbitrations related to distressed financial transactions. We have commenced receivership proceedings for the benefit of clients, handled a wide-variety of lender-liability claims, and defended professionals including attorneys and law firms in cases brought by liquidating trusts/litigation trustees.

V&E attorneys are committed to providing complete solutions to all of our clients’ insolvency and restructuring-related issues, whether as debtor, creditor or other interested party.

Experience Highlights

  • (S.D. Tex.) — Represented Energy XXI Ltd, a publicly-traded offshore energy E&P company, in various contested matters in connection with its chapter 11 cases; a plan of reorganization was confirmed which reduced the company’s funded debt by more than $3 billion

  • (D. Del.) — Represented an administrative agent and associated lenders in a dispute related to a multi-million dollar debtor-in-possession financing

  • (S.D. Tex.) — Represented debtor Carbo Ceramics Inc. in various contested matters related to its chapter 11 cases, including defeating objections to the retention of an investment banker, defeating requests for an equity committee, and prevailing at contested disclosure statement and confirmation hearings; a plan of reorganization was confirmed effectuating a debt-for-equity exchange with the debtors’ prepetition secured lenders

  • (S.D. Tex.) — Represented group of secured creditors in litigation relating to restructuring support agreement parties’ declaration of material adverse change as part of the prepackaged chapter 11 cases of Pioneer Energy Services Inc.

  • (S.D. Tex.) — Represented Gavilan Resources, LLC in bankruptcy court litigation asserting that its counterparty had breached a Joint Development Agreement; court ruled in Gavilan’s favor after multi-day trial

  • (D. Del.) — Represented Cloud Peak Energy and its affiliates, the only pure-play Powder River Basin coal company and the third largest coal company in the United States, in pursuing and effectuating an in-court auction and sale process and litigating various disputes and discovery matters related to their chapter 11 cases, which culminated in the successful confirmation of a plan of reorganization

  • (N.D. Tex.) — Represented debtor Taco Bueno in connection with store-lease disputes, discovery matters, adversary proceedings, and ancillary state-court litigation related to its prepackaged chapter 11 cases

  • (N.D. Tex.) — Represented lender in simultaneously pending Bankruptcy Court and District Court cases involving lender liability and fraudulent transfer claims

  • (S.D. Tex.) — Represented Harvey Gulf International Marine, a Jones Act regulated marine transportation company, in litigation related to plan confirmation; plan of reorganization was confirmed which resulted in the restructuring of $1.3 billion in senior secured debt

  • (W.D. La.) — Represented secured creditor and plan proponent at a contested confirmation hearing as part of complex chapter 11 proceedings of Rooster Energy Ltd. and its affiliates

  • (N.D. Tex.) — Represented a syndicated lender group in litigation and adversary proceedings brought in connection with the chapter 11 proceedings of Paul Reinhart, Inc., a major U.S. commodity merchant

  • (N.D. Tex.) — Represented debtor Sam Wyly in one of the largest individual chapter 11 bankruptcy cases ever filed in the United States, including a lengthy trial against the Internal Revenue Service

  • (N.D. Tex.) — Represented exploration and production company and affiliates as debtors in litigation related to plan confirmation in their chapter 11 cases

  • (N.D. Tex.) — Represented a public hospital district in litigation relating to the district’s proposed plan of adjustment; all objections to plan were overruled and order confirming plan of adjustment was entered

  • (N.D. Tex.) — Defended major national law firm against professional liability claims brought by litigation trust established as part of chapter 11 case of Hallwood Energy, L.P.

  • (D.S.C.) Defended a grocery store as a debtor against more than $300 million of preference and fraudulent transfer claims brought in the Bankruptcy Court for the District of South Carolina by the liquidating trustee of a former affiliated grocery store chain

  • (S.D. Tex.) — Advised Riverstone Holdings and HPS Investment Partners as equity owners in connection with the restructuring of Alta Mesa Resources and its subsidiaries involving approximately $862 million of funded debt

  • (W.D. Pa.) —Advised purchaser of oil and gas assets in connection with settlement of royalty litigation

  • (E.D. Tex.) — Defended a private equity fund in a lawsuit in the Eastern District of Texas involving claims of fraud, negligent misrepresentation, breach of fiduciary duty, tortious interference, and breach of contract

  • (Dal. Dist. Ct.) — Represented major financial institution in obtaining a receiver over real estate that had defaulted on loans

  • (Dal. Dist. Ct.) — Following 2008 financial crisis, successfully defended an international bank in Dallas County State District Court in a breach of contract lawsuit brought by two hedge funds relating to various swap transactions; V&E defeated motions for summary judgment and succeeded in obtaining a partial summary judgment, after which the case settled

  • (E.D. Tex.) — Obtained summary judgment for national bank on 30 of 31 lender-liability counterclaims brought by borrower/guarantors; bank prevailed on the remaining counterclaim at trial

  • (E.D. Tex.) — Represented Navistar, Inc. and certain of its affiliates in the defense of fraudulent transfer litigation brought by the plan trustee of the liquidating trust of Tango Transport, LLC, et. al.

  • (W.D. La.) — Advised a private equity firm as sole secured lender in the chapter 11 proceeding of Harvest Oil & Gas, LLC, et.al., an exploration and production company

  • (Dal. Dist. Ct.) — Represented the liquidating trust of Penson Worldwide, Inc., et.al., a bankrupt financial services firm, in litigation against former officers and directors

  • (D. Del.) — Represented Wells Fargo Bank as Administrative Agent for syndicated lender group in the bankruptcy cases of Emerald Oil, Inc., et al.

  • (N.D. Tex.) — Defended a chapter 11 debtor in multiple adversary proceedings tied to the liquidation of its telecom business, Vartec Telecom, Inc.

  • (N.D. Tex.) — Advised a chapter 11 debtor, Integrated Electrical Services, Inc. in confirming plan of reorganization over the objection of the Official Equity Holders Committee

  • (W.D. Pa.) — Defended a chapter 11 trustee of Innovative Communication Corporation, a holding company that owned non-debtor operating subsidiaries engaged in the telecommunications and media businesses in the United States Virgin Islands, Martinique, Guadeloupe, and other locations

  • (D. Del.) — Represented Riverstone Credit Partners as Administrative Agent and lender in connection with the restructuring of MTE Holdings and its subsequent chapter 11 cases and related litigation, including disputes related to exercise of rights and remedies under a pledge agreement to vote all interests of operating company upon the occurrence and continuance of an event of default and the pursuit of appointment of a chapter 11 trustee

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