Representative Matters
Successfully sought and obtained summary judgment equitably subordinating the $110 million senior secured claim of Finova Capital to the claims of all unsecured creditors in the Thaxton, Group Chapter 11 case.
Successfully represented client in obtaining an $11 million settlement from Salomon Brothers of breach of fiduciary duty and related claims arising from the leveraged buyout of Envirodyne Industries, Inc. and its subsequent bankruptcy. The firm represented the sole creditor of Emerald Acquisition, the pre-bankruptcy parent of Envirodyne, as plaintiff in litigation pending in both state and federal courts in Illinois.
Successfully acted as special counsel to the Board of Directors of Phoenix Information Systems Inc., a Chapter 11 debtor in possession in a case in Delaware, to obtain releases of the directors from all potential claims by the Debtor, its creditors and its shareholders for alleged breaches of the federal securities laws and fiduciary duties of directors.
Successfully obtained, after a six-week trial, a jury verdict dismissing $240 million of claims asserted by the bankruptcy trustee against ur our clients, who included a director and a substantial shareholder of the bankrupt entity, who were sued for breach of fiduciary duty and unjust enrichment in connection with a leveraged buyout, which was followed by the entity filing for bankruptcy and then being liquidated.
Successfully obtained pre-answer dismissal with prejudice of commercial-based claims made against client for veil piercing, fraudulent conveyance and conspiracy asserted by a bankruptcy trustee against the debtor, related companies and the president of them all.
Successfully obtained an order rejecting an individual debtor’s effort in New Jersey to exempt from the bankruptcy estate the debtor’s interest in a property owned as tenants by entirety with the debtor’s wife.

