Print PDF Creditors’ Rights and Bankruptcy Litigation

Many of RK&O’s clients are involved in distressed asset trading and special situation investing.   Our litigators regularly represent these clients in disputes involving intercreditor agreements, creditors’ rights and challenges to claims asserted in bankruptcy.

Experience

• We are conflicts counsel for Quebecor (USA) Inc. and certain of its affiliates, as debtors, in Chapter 11 proceeding in the U.S. District Court for the Southern District of New York. Cross-border bankruptcy proceedings were also pending in Canada.
• 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.

Publications

• "Derivatives risk remains poorly understood" by Craig Newman and David Daniels published in Financial Times
• “The imperfect hedge: bail-in risk and CDS contracts” by Julia Lu and John Clark published in Butterworths Journal of International Banking and Financial Law
• “Participations in Commercial Bank Loans” by Jon Kibbe published in Consumer Finance Law Quarterly Report
• "Tribune suits put public liability on trial" by Craig Newman published in the Financial Times

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Presentations

• Jon Kibbe speaks at the 15th Annual Conference of The Loan Syndications and Trading Association
• Neil Binder and Michael Friedman present “Analysis of Claims against BP arising from Gulf of Mexico Disaster" hosted by the Susquehanna Financial Group
• Michael Friedman and Larry Halperin participate in "Current Issues and Bankruptcy Decisions Impacting Lenders" webinar hosted by RK&O and CRT Capital Group

News & Announcements

• Brian Fraser quoted in The Bond Buyer article “Providence Confronts a Pension Problem That's Not So Divine”
• Neil Binder recognized among AVENUE magazine's Legal Elite for second consecutive year
• Brian Fraser quoted by United Press International, The Boston Globe and The Bond Buyer on Central Falls Bankruptcy
• James Walker quoted in Law360 article "FDIC Sets Its Sights On Failed Banks' Law Firms"

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