Covington is experienced in bankruptcy litigation of all types of controversies, in bankruptcy court and other forums. Covington combines the expertise and depth of seasoned litigators who specialize in business litigation with its core bankruptcy practitioners in teams that are skilled at handling the unique challenges presented by litigation in the bankruptcy arena. Our attorneys have represented clients in a broad range of bankruptcy-related disputes, from subordination disputes to cram-down contests in plan confirmation proceedings, as well as a wide variety of financial litigation related to bankruptcy cases, including contract disputes, breach of fiduciary duty claims, avoidance actions (fraudulent transfer and preference litigation) and claims litigation. Our work includes representing clients in bankruptcy litigation arising out of the recent financial crisis.
Our lawyers also have experience representing examiners in bankruptcy cases, including conducting internal investigations and evaluating potential causes of action.
In addition, our bankruptcy litigators have available, for collaboration and support, a broad range of experienced lawyers in specialized practice areas, including tax, insurance, government regulatory, intellectual property, white collar defense, capital markets, corporate governance, ERISA, securities law, and corporate finance.
Representative Matters
- Lyondell Chemical Company: Represent officers/directors of this Chapter 11 debtor in connection with adversary proceeding commenced by Creditors Committee asserting fraudulent conveyance, breach of fiduciary duty and other claims. Represented Lyondell in connection with insurance coverage disputes.
- Tribune Company: Represent defendants in avoidance actions brought by creditor representatives and plan trustee.
- Madoff Securities: Represent defendant in avoidance action by SIPA Trustee.
- Bank of New England Corporation: Represented The Bank of New York Mellon Trust Company, N.A. as trustee for BNEC unsecured subordinated notes in a subordination dispute with the trustee for BNEC senior unsecured notes. After trial, the bankruptcy court issued a decision in favor of BNYTC, which decision was affirmed by both the District Court and the Court of Appeals for the First Circuit.
- Charter Communications: Represented Wilmington Trust Co., as indenture trustee, in connection with contested plan proceedings.
- Onco Investment Company: Represented Wells Fargo N.A., as indenture trustee for $100 million in subordinated notes, in a subordination dispute with holders of senior notes. The Bankruptcy Court granted summary judgment in favor of Wells Fargo, which decision was affirmed by both the District Court and the Court of Appeals for the Third Circuit.
- National Energy and Gas Transmission, Inc.: Represented PG&E Corporation in the defense of a $500 million litigation brought by NEGT and its committees against PG&E Corporation and two of its officers related to a dispute over ownership of net operating losses and a related tax refund. Numerous theories of recovery were asserted, including breach of contract, misrepresentation, breach of fiduciary duty, equitable subordination, automatic stay violation and other claims. Litigation concluded with a favorable settlement for our client.
- Represented PG&E Corporation in mediation to resolve related insurance coverage dispute, which resulted in award for our client.
- Loews Cineplex Entertainment Corporation: Represented Sony Pictures Entertainment, Inc. in connection with fraudulent conveyance litigation.
- In re Railpower Hybrid Technologies: Represented the company’s largest creditor in litigating complex, cutting edge cross-border insolvency issues under Chapter 15 of the Bankruptcy Code.
- IndyMac Bancorp and IndyMac Bank: Representation of IndyMac's former CEO and Chairman in litigation brought by IndyMac Bancorp's bankruptcy trustee alleging corporate waste and breach of fiduciary duty, litigation brought by the FDIC as Receiver of IndyMac Bank alleging negligent lending practices, and related D&O insurance litigation.
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