The Bankruptcy Litigation lawyers at Polsinelli understand that there are times when vigorous litigation is the only way to protect a client’s interest. We provide clients with a thoughtful evaluation of potential claims and causes of action that may exist in a distressed situation or a determined plan to defend such claims. Under the appropriate circumstances, we will consider bankruptcy litigation on a contingency fee or other alternative fee structure. Our team of professionals encompasses attorneys from several different practice groups within the firm who work collaboratively to provide our clients with a practical and realistic bankruptcy litigation plan. The Bankruptcy Litigation team draws from the experiences of the Bankruptcy and Financial Restructuring; Creditors' Rights, Loan Enforcement and Creditor Bankruptcy Representation; Contingent Fee; and Insurance Recovery practice groups. Our attorneys have practiced in numerous jurisdictions across the country, and our lawyers are available nationally to handle clients’ bankruptcy litigation needs.

Our trial attorneys have represented clients in all aspects of bankruptcy litigation, including:
  • Director and Officer Liability Claims 
  • Breach of Fiduciary Duty 
  • Fraudulent Transfers 
  • Preferential Transfers 
  • Piercing the Corporate Veil 
  • Corporate Negligence 
  • Misrepresentation and Ponzi Schemes 
  • Recharacterization 
  • Equitable Subordination 
  • Claims Objections 
  • Contested Confirmation Hearings 
  • Dismissals and Conversions 
  • Trustee and Examiner Litigation

Our attorneys also have extensive experience handling bankruptcy litigation in numerous different industries. Our specialized experience includes:
  • Financial Services 
  • Telecommunications
  • Insurance Coverage
  • Real Estate
  • Casino and Entertainment
  • Travel and Hospitality
  • Housing and Constructions
  • Health Care
  • Energy Future Holding Corp., et al: Represent the Committee as Delaware bankruptcy counsel and conflicts counsel in the seventh largest Chapter 11 bankruptcy case ever filed. This representation includes complex and contested issues regarding the investigation into the extent, validity, and perfection of approximately $47 Billion in debt, fraudulent transfer issues related to the largest LBO in history, and valuation issues that will be case determinative.
  • Residential Capital, LLC:  Successfully represented the lead plaintiffs of a class action consisting of over 44,000 members in Residential Capital, LLC’s bankruptcy proceeding.  The lead plaintiff also sat on the official committee of unsecured creditors of Residential Capital, LLC and  the trust established to satisfy class claims.
  • Crossroads Wireless: Represented the Committee, and then the Liquidating Trustee, on a contingency basis in prosecuting numerous causes of action, including piercing the corporate veil, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, fraudulent transfer, misrepresentation and preference. Obtained a significant distribution to creditors.
  • Open Range Communications: Successfully represented the Committee, and then the Chapter 7 Trustee, on a contingency fee basis in asserting several causes of action, including lender liability, failure to fund, equitable subordination, recharacterization, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, breach of contract, fraudulent transfer, and preference. 
  • Ultimate Escapes: Represented the Committee, and now the Plan Administrator, on a contingency fee basis in asserting breach of fiduciary duty and aiding and abetting breach of fiduciary claims against the former insider officers and directors of the company, which was a vacation club. The firm also prosecuted preference actions on behalf of the Trust. 
  • Simplexity: Represented the Creditors’ Committee, and now the Chapter 7 Trustee, in asserting several causes of action, including breach of contract, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, fraudulent transfer, and preference.
  • Interstate Bakeries/IBC: Represented the Committee, and now the Trust, on a contingency fee basis in prosecuting numerous causes of action for preferential transfers, fraudulent transfers, and breach of fiduciary duty against directors and officers of the company, which was previously known as Hostess. This litigation resulted in a meaningful recovery for the Trust.
  • Indianapolis Downs: Served as special litigation counsel to the Debtors, which included vigorously defending allegations of trademark infringement that would have resulted in a $30 million administrative claim. Polsinelli also represented the Debtors on appeal of the settlement order and was involved in investigating potential insider cause of action.
  • Saab: Served as counsel to the Saab Dealer Network in involuntary Chapter 11 bankruptcy against Saab Cars North America, then counseled Creditors' Committee, and post-confirmation, the Liquidating Trustee. Polsinelli has engaged in claims administration and litigation resulting in a very favorable return for unsecured creditors.