Insolvency & Creditor Rights Litigation

Deploying Aggressive Litigation Strategies and Achieving Successful Outcomes

With one of the largest and most distinguished creditor rights litigation practices, we protect the investments of our clients and maximize recovery in complex business and insolvency-related litigation. Our attorneys regularly appear in federal and state court proceedings at the trial and appellate levels. We represent creditors, fiduciaries, and institutional investors in all types of creditor rights and insolvency-related litigation, including D&O litigation, chapter 9 and municipal insolvency litigation, Article 9 foreclosures, and receiverships.

Awards

U.S. News and Best Lawyers®

Ranked Nationally (2010 – 2023), in Boston (2010 – 2023), in New York (2023) and in San Diego (2011 – 2023) for Bankruptcy and Creditor Debtor Rights / Insolvency Law, "Best Law Firms"

Legal 500 United States

Ranked Tier 1 within Restructuring, including Bankruptcy: Municipal (2022)

American College of Bankruptcy

2 Members within the prestigious, invite only, American College of Bankruptcy

Our Experience

$50 Million Complex Fraudulent Transfer Case Dismissed with Prejudice

Mintz’s Bankruptcy & Restructuring team achieved a significant victory by obtaining complete dismissal (at the pleading stages) of a lawsuit brought against our clients by a liquidating entity, which sought to recover at least $50 million in damages based on allegedly fraudulent transfers of real estate during and after a bankruptcy case.

Representation of Lender in Disputed Sale-Leaseback Transaction in Bankruptcy of Coal Company

Mintz represented Bay Point Capital Partners, LP in investigations pertaining to its financing of a prepetition sale-leaseback transaction related to the bankruptcy case of Mission Coal Company, LLC. Our attorneys negotiated a settlement that protected the lender’s interests and made it whole.

Caesars Bankruptcy Yields Noteworthy Settlements

Mintz represented the ad hoc committee in casino giant Caesars Entertainment Corp.'s Chapter 11 bankruptcy. Mintz’s early summary judgment filing helped its clients settle with Caesars. ML Strategies helped to lobby Congress to oppose Caesars's proposed amendments to the Trust Indenture Act.

Areas of Focus

Article 9 Rights, Remedies, Foreclosures, Receiverships

Chapter 9 & Municipal Insolvency Litigation

Directors & Officers Litigation

Our Approach

We represent the most sophisticated firms, funds, and institutions throughout the life cycle of their investments, specializing in scenarios involving financial distress and insolvency. We serve a broad range of creditor rights clients from institutional investors to bankruptcy trustees and other estate fiduciaries to Fortune 500 companies. Our clients are in the energy, health care, technology, gaming, and financial sectors, and we also represent municipalities and other distressed government borrowers.

Representative Clients

Directors and officers
Secured and unsecured creditors
Chapter 7 and chapter 11 trustees
Bondholders and indenture trustees
Defendants in bankruptcy and other federal litigation
Clients in business disputes, fraudulent conveyance cases, and insurance coverage litigation