Bankruptcy Litigation

Bankruptcy Litigation

U.S. Bankruptcy Court

Filing bankruptcy petitions is just one part of bankruptcy. Lawsuits are regularly filed in bankruptcy cases. Bankruptcy courts hold trials. Much of the bankruptcy process includes litigation. When a bankruptcy case is filed, ongoing litigation in other courts can be removed to the Bankruptcy Court.

Fox Law handles litigation in the bankruptcy court. Fox Law is experienced and knowledgeable in litigation matters. We develop and follow litigation strategies. We have litigated before the same bankruptcy judges for years.

We work hard to establish integrity with the judges and excellence in this arena.

Other chapter 11 firms use legal strategies when trying to reorganize a business. Those chapter 11 cases fail because not only is the wrong strategy being used, the attorney does not bring the legal and the management teams together as part of an overall strategy to identify and to try to solve the issues, e.g. financial, legal, leadership. That is why most chapter 11 firms have a high percentage of their cases fail and the businesses get shut down.

Negotiating for Success

In one chapter 11 case, a company that demolished freeway concrete, the lender held all of the cards, both money and legal. The chapter 11 case was about to fail and the parties were before the bankruptcy judge on the lender’s motion to effectively end the case. Steven Fox convinced the lender’s representative to discuss the case with him. The lender insisted that the debtor had to agree to all of the lender’s conditions for the chapter 11 case to go forward. These conditions were terrible for the company. Steven Fox asked the representative what the lender would give the debtor if the debtor agreed. Surprised, the representative started giving back most of what the lender was demanding. After 30 minutes, the parties went back before the judge who was very surprised by an outcome favorable to the debtor. The judge had believed he would have to shut down the reorganization case. Instead, the company had a successful chapter 11.