Stakeholders in complex insolvency and corporate restructuring matters are represented by Schwabe.

Experience

  • Successfully prosecuted a $375 million fraudulent transfer and equitable ‎subordination action for the Yellowstone Club, proving that a global financial institution engaged ‎in predatory lending.‎
  • Represented a guarantor of $180 million of leases in a very large New York bankruptcy, successfully arguing that the debtor’s treatment of the leases violated the due process clause of the United States Constitution.
  • Represented a Malaysian company in a large bankruptcy in the Delaware bankruptcy court in a years-long dispute concerning treatment of a manufacturing contract under the bankruptcy laws.
  • Represented a creditor in the Lehman Brothers’ bankruptcy in a case involving complex legal issues relating to the characterization of swaps under bankruptcy laws.
  • Successfully represented a steel products manufacturer in a Chapter 11 bankruptcy in the District of Delaware, including multiple trials concerning the sales of assets and complex issues concerning credit bidding in a bankruptcy auction.
  • Successfully defended against a trustee’s various claims seeking to avoid transfers of $80 million.
  • Counseled various creditors in defense of preferential transfers and other avoidance actions in numerous different Chapter 7 and Chapter 11 matters.

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