BANKRUPTCY & CREDITORS’ RIGHTS
Massey & Gail has extensive experience in all aspects of bankruptcy and creditors’ rights. Our lawyers have represented a wide range of creditors and other interested parties in enforcing and protecting their rights in bankruptcy and other insolvency proceedings in courts throughout the United States. We have obtained favorable results for clients in insolvency-related litigation in state and federal court, and are frequently brought into cases to handle the appeal of insolvency issues. Our lawyers also counsel clients in structuring transactions to minimize bankruptcy and other insolvency risk. Our experience spans industries covering financial services, maritime shipping, telecommunications, airline, retail, commercial real estate, gaming, technology, manufacturing, mining, and energy.
We aim to advance our clients’ business interests, maximizing their return and protecting their rights while minimizing their risk and legal expense. We endeavor to resolve insolvency problems consensually on favorable terms, but we can and will litigate where required to protect our clients’ rights and interests. Whether negotiating or in court, we always strive to handle the case efficiently and effectively.
Represented Director of Illinois Department of Insurance, as statutory liquidator of health care co-op created under Affordable Care Act, in both Federal Circuit and U.S. Supreme Court in suit against federal government for over $120 million in payments due under “risk corridors” program.
Represented Enron’s bankruptcy estate in adversary proceeding in Manhattan bankruptcy court asserting claims for aiding and abetting breaches of fiduciary duty and fraud of Enron’s top officers.
Brought claims on behalf of joint administrators and liquidators of Lehman Brothers International (Europe) against Lehman’s U.S. entities in U.S. Bankruptcy Court for Southern District of New York.
Prosecuted $80 million in rights and claims of major financial institution under trade-finance deals and parent guaranties in Delaware chapter 11 bankruptcies of large paper machinery manufacturer and its guarantor parent, and in UK administration proceeding of their English affiliate.
Successfully defended fraudulent transfer claims brought against syndicate of financial institutions in Illinois state court.
In largest environmental bankruptcy to date, protected interests of global oil and gas company as claimant and potentially responsible party at multiple sites, in Southern District of Texas chapter 11 bankruptcy of major mining, smelting, and refining company.
Successfully defended major financial institution against Ponzi scheme clawback claims brought by chapter 7 trustees in Illinois and Florida bankruptcy courts.
Represented public utility before U.S. Supreme Court in corporate reorganization proceeding presenting questions of bankruptcy law, federal preemption, and state regulation.
Advocated for communications company creditors in U.S. Supreme Court case presenting question whether FCC acted lawfully in retroactively cancelling federal licenses based on licensee’s failure to make timely installment payments while in chapter 11 proceedings. FCC v. NextWave Pers. Comm’ns, Inc., 537 U.S. 293 (2003).
Represented Connecticut Bar Association and National Association of Consumer Bankruptcy Attorneys in constitutional challenge brought in Second Circuit Court of Appeals to provisions of Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
Represented plan administrator in bankruptcy of multibillion-dollar information services company, successfully recovering millions of dollars in preference litigation.
We regularly try high-stakes, complex cases across the country in every type of forum—state and federal courts, administrative tribunals, arbitrations, and other dispute resolution proceedings—with great success. Our decades of experience in the courtroom, plus our deep bench of seasoned attorneys, give us uncommon litigation firepower. We are often asked to step in to try an already pending case after a client reexamines its trial team.
We have briefed and argued appeals in the U.S. Supreme Court, every federal circuit, and innumerable state courts. We handle appeals in every conceivable scenario—where our firm conducted the trial below and where we didn’t; where we are hired to replace existing counsel and where we are asked to work cooperatively alongside them. Whatever the circumstances, we provide a valuable, fresh appellate perspective and deliver excellent results for our clients.
We regularly represent clients before federal agencies and in state administrative and regulatory proceedings. We often use those proceedings as tools to resolve our clients’ business issues as an expeditious and cost-effective alternative to litigation. We also assist clients in submitting comments to proposed rules, meeting with government officials, and challenging agency rules after adoption. In addition, we have prepared court of appeals and U.S. Supreme Court briefs on important questions of administrative law.
We help clients understand and evaluate the costs and benefits of different options for resolving the issues they face. We understand that litigation is often the last resort rather than the first choice, and we strive to formulate out-of-the-box strategies for meeting client needs in a cost-effective and timely way. Our nimble teams of experienced attorneys identify innovative solutions where other firms cannot. We also help our in-house clients manage outside counsel in particularly large or fast-paced matters.