BANKRUPTCY LAW

Cross & Simon has represented a wide variety of parties and interests in chapter 11 and chapter 7 corporate bankruptcy cases, including debtors seeking protection and liquidation or reorganization, trustees administering the recovery, liquidation and distribution of estate assets, creditors seeking to recover goods and maximize the value of their claims, and landlords seeking to protect their leasehold interests. The firm has appeared as lead counsel in avoidance actions, turnover claims, reclamation actions, proceedings to enforce and compel payment of administrative expense claims, and other related litigation in the United States Bankruptcy Court for the District of Delaware, and on appeal to the United States District Court for the District of Delaware, and the United States Court of Appeals for the Third Circuit.

The firm represents and has represented debtors, trustees and creditor trusts to aid in the recovery of estate assets for the benefit of the estate and creditors. The firm also has experience as counsel to official committees of unsecured creditors in chapter 11 cases. The firm represents, or has represented, Montgomery Ward, Saint Paul Fire & Marine Insurance, Deutsche Bank, Dole Food Company, SGD Holdings, Ltd., and has appeared as lead counsel for official committees of unsecured creditors in the Foley Jeweler’s Christiana, CF Capital, and the Netexit, Inc. chapter 11 cases.

Examples of recent representations include the following*:

Chapter 11 Estates – Representation of corporate debtors in all aspects of the bankruptcy case, including related litigation.

Chapter 7 Estates – Representation of the Chapter 7 Trustee as lead counsel overseeing all aspects of the case as well as special counsel with respect to various adversary proceedings.

Avoidance Actions – Representation of creditors, debtors and trustees in the prosecution and defense of preference and other avoidance actions under chapter 5 of the Bankruptcy Code.

Reclamation Claims – Representation of reclamation claimants, including adversary proceedings to recover claims.

PACA Trust Claims – Representation of claimants under the Perishable Agricultural Commodities Act to recover trust funds, including adversary proceedings seeking injunctive relief.

Landlords – Representation of large multi-lease commercial landlords in complex chapter 11 cases.

Official Committees – Representation of the Official Committee of Unsecured Creditors as lead counsel overseeing all aspects of the case in the pursuit of maximizing the recovery for unsecured claimants.

* Examples are provided to show the depth of experience and cases handled by the firm. Results in a given case are not intended to provide expectations of future results.