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Creditors’ Rights and Bankruptcy Litigation

Richards Kibbe & Orbe LLP represents many clients who trade in the markets for distressed assets and invest in special situations. Members of our civil litigation group represent these clients in disputes involving intercreditor agreements, creditors’ rights and challenges to claims asserted in bankruptcies. Recent representations include the following:

• Represented partnerships specializing in distressed-asset investments in a contested proceeding arising out of multimillion-dollar lease-rejection claims filed in the Tower Automotive Inc. bankruptcy.

• Represented major lender banks against efforts by bankrupt LTV Corporation to consolidate bankruptcy-remote special purpose vehicles with the assets of the debtors, thus converting clients from secured to unsecured creditors.

• Represented the former CEO and CFO of a bankrupt insurer in an action in which a Chapter 7 trustee brought $80 million in claims against them, along with various of the insurer’s advisers, directors and major shareholders.

• Represented the former CEO of a bankrupt vacation-ownership-interval company in a federal court action brought by a litigation trustee asserting breaches of fiduciary duties and in related insurance coverage actions.