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Bankruptcy and Insolvency-Related Litigation

Last updated on December 6, 2022

Birch Horton Bittner & Cherot’s attorneys are well experienced in bankruptcy and insolvency-related litigation. Bankruptcy cases at times have the feel of a transactional or regulatory proceeding where most matter are resolved consensually or by default (because no one objects). However, at other times, contentious litigation erupts in the bankruptcy case itself, in satellite lawsuits (called “adversary proceedings”) pending in the bankruptcy court, or in non-bankruptcy courts. Further, insolvency issues arise in cases where no bankruptcy is involved, e.g., lien disputes.

Bankruptcy litigation ranges from the routine and repetitive (lawsuits to set aside allegedly preferential transactions) to highly complex issues involving approval of contested plans of reorganization in large business cases. The necessary skill set for these cases is to be both a litigator and be well-versed in bankruptcy and insolvency law. A large portion of bankruptcy litigations is resolved through negotiated settlements. The willingness to litigate an issue to conclusion when justified by the situation can help achieve a more favorable settlement.

Birch Horton Bittner & Cherot’s bankruptcy lawyers are litigators and have experience handling the full range of bankruptcy and insolvency-related issues.