Bankruptcy & Insolvency Litigation
Litigation matters arising out of bankruptcy or related to an insolvency event are situations most businesses wish to avoid. However, in those unfortunate circumstances, Balch can assist in achieving a resolution. From representing a creditor owed money to defending a business being sued in a bankruptcy avoidance action, our goal is to resolve, or at least mitigate, these frustrating situations by providing not only legal and practical advice in an efficient manner.
Our practice represents creditors in all categories of litigation arising in bankruptcy courts as well as in state court insolvency related proceedings. Our representation often extends to bankruptcy courts far outside the geographic footprint of our offices.
We represent creditors sued in preference and/or fraudulent transfer cases filed throughout the country. These cases are often difficult for creditors to comprehend given they are being sued by a company that owes the creditor money and when the creditor did not engage in any wrongful conduct. We will walk clients through this process so that they not only understand the claims against them, but also understand each of the defenses available. We clearly and candidly discuss any potential liability that exists and assist in determining the most practical and efficient way to address the issue.
Our bankruptcy litigation work also extends to litigated proceedings such as automatic stay relief motions, stay violation claims, contract cure objections, defending proof of claim objections, plan confirmation objections and any other adversarial issues arising in a commercial bankruptcy case.
In state court insolvency related proceedings, we are equally versatile and adept in representing creditors. This includes actions such as filing collection lawsuits and post-judgment collection activity (including pursuing fraudulent transfer claims) as well conducting foreclosure sales and seeking the appointment of a receiver. Additionally, we routinely negotiate and document out of court workouts when litigation is not the preferred method of resolution.
We work with creditors from a wide variety of industries including financial institutions, factoring companies, note buyers, health care providers, construction companies, utilities and universities to name a few. With each representation, we seek to understand not only the client as a company, but also its industry which allows us to provide well-reasoned and practical advice that satisfies both legal and business needs.
Preference and Fraudulent Transfer Litigation: Balch routinely represents defendants in preference and fraudulent transfer litigation arising out of bankruptcy proceedings. Our experience spans to bankruptcy court rooms throughout the country. In addition, outside of bankruptcy court, we both defend and pursue fraudulent transfer claims. For example, in one case we unwound multiple fraudulent transfers to help satisfy a $10 million dollar judgment obtained in favor of the client.
Regulatory/Statutory Violations: Balch has a unique level of experience in handling claims of regulatory and statutory violations by a creditor. Whether this involves allegations of a stay violation, violation of the discharge injunction or an alleged violation of the FDCPA, we are well situated to handle all varieties of adversary proceedings brought against creditors.
Commercial Collections: Balch represents commercial creditors from various industries in debt collection litigation in state and federal courts throughout the firm’s footprint. While simply obtaining a judgment is the first step, Balch’s representation capabilities extend to the more satisfying stage of collecting on the judgment.
Contested Motions in Bankruptcy Cases: Balch can assist with all types of contested matters in bankruptcies that do not rise to the level of a formal lawsuit. This includes stay relief motions, defending claim objections, executory contract related motions or asserting disclosure statement or plan objections.
State Court Receiverships: Balch has considerable experience in all aspects of state and federal court receiverships. This experience includes seeking the appointment of a receiver, opposing the appointment of a receiver, representing the receiver, and conducting business with the receiver (including buying assets out of receivership).