Restrictions on Corporate Authority to File a Bankruptcy Petition – David Kupetz Authors Daily Journal Article
Pre-bankruptcy waivers of the right to file...
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Commercial/Business Litigation
A Premiere Nationwide Commercial/Business Litigation Practice
At SulmeyerKupetz, our extensive commercial/business litigation practice encompasses all aspects of business disputes, and is an essential component of our general financial restructuring and bankruptcy/insolvency related work. Our highly experienced team of commercial/business litigation attorneys represents plaintiffs and defendants in federal, state, and appellate courts throughout all phases of the litigation process. Clients include debtors, creditors, trustees, receivers, committees, buyers, sellers, landlords, partners, professionals and a variety of other parties.
In addition to resolving disputes through litigation, the firm is committed to utilizing effective alternative dispute resolution (ADR) methods, and has enjoyed great success in crafting, negotiating and documenting sensible, cost-effective settlements on behalf of our clients.
A Combination of Litigation and Economic Expertise Sets Us Apart
The firm’s distinctive combination of wide-ranging commercial/business litigation and financial restructuring experience provides direct, tangible and significant benefits to our clients. Strategic and financial advantages utilized by our team of professionals include:
- Effective pre- and post-trial strategies: Recognizing that winning a lawsuit can be a Pyrrhic victory, we approach litigation by first analyzing the prospects of success, litigation costs, and the strategies that might be employed by an adversary before, during and after conclusion of the dispute. With that ongoing analysis, we recommend and employ tactics to place our clients in the best position to realize the benefits of a successful result and to equally respond to any adverse ruling.
- Strategic prejudgment remedies: Our extensive insolvency knowledge and experience provides us with the ability to protect our clients through successful prejudgment strategies and remedies. Also, we are able to effectively evaluate the collectability of judgments once obtained.
- Extensive settlement expertise: We have been extremely successful in crafting settlement concepts beneficial to our clients at the earliest stage possible to reduce litigation costs. Our settlement recommendations not only give consideration to the merits of a case, but also to the economic and practical ramifications of the process of litigation and/or an adverse result.
- Economic case staffing: Since compensation for our services in a great deal of the matters that we accept is subject to court approval, the practice of economically staffing a case is ingrained in our way of doing business. As contrasted with larger law firms, the firm’s smaller size and deep cross-practice talent pool allows us to more efficiently scale our litigation team size and staffing costs.
- Positioning for consequences: Losing at trial can be devastating. We not only serve our clients throughout the litigation process, but also can assist them in dealing with the consequences of an adverse judgment and offer alternatives. Our attorneys clearly understand the implications of an election to pursue the protections of bankruptcy following a loss and the strategies to employ in the bankruptcy case, but can also provide cogent advice as to whether bankruptcy is the right option under the circumstances.
Broad Commercial/Business Litigation Practice
The commercial/business litigation team at SulmeyerKupetz practices in all areas of commercial and business disputes. Whether handling a jury or bench trial or negotiating a settlement, our attorneys are adept at discovery, information gathering and analysis, and presentation techniques, all the while using the latest technology. The firm’s comprehensive commercial/business litigation practice areas include:
- Contract claims, enforcement and interpretation
- Debtor/creditor disputes
- Avoidance litigation
- Tort litigation arising out of a bankruptcy or insolvency context, or in connection with breaches of fiduciary duty by officers, directors, trustees and others
- Litigation arising from trustee and receiver representation
- Creditor committee representation
- Debt collection
- Adverse claims to both real and personal property
- Bankruptcy court litigation, such as actions to recover or defend preference; fraudulent and improper post-petition transfers; motions for relief from the automatic stay; discharge and dischargeability; objections to claims and exemptions; disputes connected with real estate ownership; leases and other executory contracts; and contested plan confirmation hearings