Seward & Kissel represents clients in all aspects of bankruptcy litigation, both domestic and international. The Firm’s clients include lenders, agents, indenture trustees, official committees of unsecured creditors, ad hoc creditor groups, board committees and directors, debtors, litigation trustees and individual creditors.

Seward & Kissel’s attorneys have experience in investigating, prosecuting and defending:

  • plan and disclosure statement objections
  • claims allowance
  • plan funding agreements
  • DIP loans, cash collateral agreements, and adequate protection
  • contract assumption and rejection issues
  • preference and fraudulent transfer actions
  • swap and repurchase agreements
  • fiduciary claims

The Firm also has extensive experience relating to bankruptcy appeals in the district and circuit courts and bankruptcy mediation. The Bankruptcy Litigation team takes pride in partnering with clients to offer practical, business-driven, cost-efficient litigation solutions that account for all case-specific circumstances.

Representative Matters
  • Represented the independent managers of Payless Holdings LLC in the Payless chapter 11 cases and conducted an in-depth investigation of potential estate causes of action against company insiders and related third parties. S&K’s investigation included review and analysis of extensive discovery of documents and witness interviews, as well as potential bankruptcy and common law causes of action.
  • Represents an investment manager and a former director of the Sears Holding Corporation board in complex litigation alleging fraudulent transfer and breach of fiduciary duty claims, among others, initiated by the restructuring sub-committee of Sears in the chapter 11 bankruptcy proceedings.
  • Represented Black Diamond Capital Management, the largest secured lender in the HGIM Holdings, LLC bankruptcy proceedings, in connection with an objection to confirmation of the Debtors’ plan of reorganization and related discovery. The litigation sought to protect BDCM’s rights as the future largest shareholder under the plan.
  • Represented former directors and officers of Miller Auto Parts, a bankrupt auto parts and supply company, in connection with claims for an alleged breach of fiduciary duty related to the downfall of the company.
  • Represents the chapter 7 trustee of Gracious Home, a chain of home goods stores, in connection with the trustee’s investigation and pursuit of estate causes of action against the company’s prepetition lender and former directors and officers.