Consistent with its rich and storied litigation tradition and top-ranked practice, Cahill is able to bring exceptional skills and resources to bear as needed in the context of bankruptcy and restructuring proceedings. While such proceedings are ultimately focused on trying to achieve a successful transaction, the ability to litigate effectively on short notice is often essential to achieving that goal. Cahill utilizes experienced bankruptcy and restructuring litigators whenever needed, and because of the depth of our litigation practice, we have available resources for whatever the situation may require.
We have served as debtors’ counsel, handling all litigation matters in complex cases, including SP Newsprint and Orleans Homebuilders. We have also served as special litigation counsel in bankruptcy cases, such as Trico Marine Services, where extensive, fast-paced litigation on several fronts was required. In that case, we collected, reviewed, and produced millions of pages of hard copy and electronic documents under extraordinarily short time constraints, while at the same time preparing for and participating in extensive evidentiary hearings.
We have also assisted creditors in navigating the various litigation aspects of bankruptcy proceedings, such as preference and fraudulent conveyance actions and claims objections. Specifically, we successfully defended a major bank against the attempt by the trustee in the Bayou Funds bankruptcy case to recoup payments received during a Ponzi scheme.
We also work extensively in representing investors and lenders with respect to debt re-characterization, equitable subordination, deepening insolvency, lender liability and related litigation.