Bankruptcy Litigation
A critical component of every successful representation in a bankruptcy case or related adversary proceeding is the development of a principled strategic plan of attack coupled with effective advocacy of a client's legal position in court. At Munsch Hardt, we understand this premise, and our bankruptcy litigators are as experienced in the courtroom as they are in the boardroom, having handled a wide variety of litigation ranging from two party contract disputes to high stakes, multiparty fraud and breach of fiduciary duty actions. Among the types of cases we have handled are:
- Fraudulent conveyance actions
- Preferential transfer actions
- Turnover actions
- Lien avoidance
- Claims objection proceedings
- Fraud and misrepresentation claims
- Breach of fiduciary duty claims
- Alter ego and single business enterprise claims
- Contract interpretation and enforcement claims
- Claims involving disputes under the Uniform Commercial Code (UCC)
- Equitable subordination and recharacterization claims
Our track record of success for our clients in the bankruptcy arena is the product of persistence and tenacity in pre-trial preparation coupled with an ability to synthesize and simplify complex commercial transactions at trial. As a result of our prior representation of a variety of different types of parties including debtors, committees, trustees, lenders, vendors, insurers, and corporate officers and directors, we bring our clients broad based experience and a pragmatic approach that is required to creatively and efficiently achieve our clients' litigation objectives.
- Representation, as special counsel, of a Chapter 7 trustee of VarTec Telecom, Inc. and its affiliated debtors in proceedings against certain former directors and officers of the debtors to recover damages caused by the breaches of their fiduciary duties and other wrongful conduct.
- Representation, as special counsel, of a Chapter 7 trustee of Auto International Refrigeration, Inc. in a usury action against the debtor's pre-petition lender under a revolving credit facility.
- Representation of a Chapter 11 trustee in a case involving six hospitals located in Texas and Oklahoma. The case involved claims in excess of $75 million and involved substantial litigation associated with the purchase and sale of the hospitals. The trustee proposed and obtained confirmation of a plan of reorganization.
- Representation of a debtor in post-confirmation matters including the filing and final disposition of complex adversary proceedings and handling of approximately 4,300 claims.
- Representation of a bankruptcy trustee in bankruptcy court to recover a fraudulent transfer of assets by the debtor resulting in a favorable verdict for the trustee.
- Representation of a Chapter 11 liquidating trustee in an international fraud case involving litigation and assets in the Isle of Man, Switzerland, Germany, Bahamas, Luxembourg, United Kingdom and other countries. As counsel for this trustee, Munsch Hardt was able to recover approximately $80 million in a bankruptcy case with listed assets of less than $300,000.
- Representation of a Chapter 11 trustee in a high profile, long running reorganization case of a former banker, insurance executive and member of one of the nation's wealthiest families. As a result of litigation, the trustee confirmed a liquidating plan providing a payout of 100 percent plus interest to the general unsecured creditors.
- Representation of a trustee for the bankruptcy estate of a medical prosthetics materials manufacturer responsible for liquidating assets and the establishment of a mass torts claims resolution facility to deal with thousands of personal injury claims.
- Representation of a Chapter 7 trustee in jointly administered involuntary cases filed against the operators of a massive Ponzi scheme, with hundreds of avoidance cases against both domestic and foreign defendants including litigation in the Isle of Man. The case concluded with payment in full of all priority and secured creditors, and a 30 percent distribution to the general unsecured creditors.
- Representation of a Chapter 7 trustee in a breach of contract litigation against a large operator of ports and railways in Mexico. Munsch Hardt obtained and collected a multimillion dollar judgment.
- Representation of a Chapter 11 liquidating trustee in the prosecution of turnover adversary proceedings involving millions of dollars in an oil and gas bankruptcy case.
- Representation of a Chapter 7 trustee in an adversary proceeding against the debtor's parent and affiliated companies for the fraudulent transfer of assets by the debtor to the parent and affiliates. Munsch Hardt obtained a favorable judgment.
- Representation of a trustee in the defense of a trustee malpractice claim.
