We represent Chapter 7 and Chapter 11 trustees in fulfilling their responsibilities to creditors who seek recovery of their financial interests in debtors in bankruptcy. We provide trustees with legal advice as general counsel regarding powers and duties under the Bankruptcy Code, assist with investigations concerning the financial condition of the debtor, review claims and investigate and litigate avoidable transfers.

In the Chapter 11 context, while management remains in control of a corporate debtor during the Chapter 11 process, the appointment of a Chapter 11 trustee by the Bankruptcy Court may indicate that there is evidence of fraud or mismanagement or that the case is not progressing satisfactorily. The Chapter 11 trustee representations requires prompt and thorough analysis of the debtor’s operations to determine, among other things, whether a plan or reorganization is feasible, whether fraud or other misconduct by management has occurred and the best means to maximize the value for the debtor’s creditors. Sometimes, this means converting the matter to a Chapter 7 bankruptcy case.

We can assist Chapter 7 trustees with the sale of bankruptcy estate assets, investigations concerning the financial condition of the debtor, investigations and prosecutions of avoidance actions, defense of stay relief motions, turnover proceedings, discharge denials and revocation, objections to claims, and the preparation of Trustee Final Reports and Trustee Account and Distribution Reports. We can also act as special counsel to pursue a variety of tort, contract, statutory, and other types of claims made under non-bankruptcy law.

Whether our clients are appointed as a trustee or potentially taking on the role, we offer effective solutions and advice.