Bankruptcy & Insolvency Litigation

Ulmer & Berne’s bankruptcy and insolvency specialists work with our trial attorneys to creatively and efficiently handle bankruptcy-related litigation. In Chapter 11 bankruptcy cases in Delaware, Michigan, New York, Ohio, and elsewhere our attorneys have prosecuted and defended adversary proceedings and contested matters involving:

  • Preference and fraudulent transfers
  • Bankruptcy sales
  • Directors and officers litigation
  • Assumption and rejection of real property leases and executory contracts
  • Use of cash collateral
  • Plan structuring and confirmation
  • Objections to discharge
  • Automatic stay violations
  • Claims objections

Litigation experience of our attorneys includes proceedings in the bankruptcy cases of The Bombay Company, Collins & Aikman Corp., Dana Corp., Enron, Huffy Corp., LTV Steel, and Union Stamping & Assembly, Inc.

We also regularly appear in state courts in connection with insolvency-related litigation. The matters we are currently engaged in or recently handled include claims related to:

  • Receiverships
  • Foreclosures
  • Replevins
  • Landlord-tenant disputes
  • Environmental issues
  • Fraudulent conveyances
  • Breach of fiduciary duties
  • “Responsible party” litigation

While there are still many unknowns in FTX’s bankruptcy including what, exactly, happened to billions of dollars of customer deposits on the former crypto trading platform, one thing is almost certain: there will be an explosion of what the media has described as “clawback” lawsuits aimed at recovering as much...

October 30, 2020 – Ulmer & Berne LLP is pleased to share that Partner Michael S. Tucker has been elected to serve a three-year term on the Board of Directors of the Cleveland Metropolitan Bar Foundation (CMBF), the charitable fundraising arm of the Cleveland Metropolitan Bar Association (CMBA). The CMBF raises critical funds...

April 3, 2020 INTRODUCTION This outline is intended to provide some basic considerations and tools to be used in connection with anticipating non-payment by customers during times of economic disruption, including the disruption we are anticipating and witnessing arising out of the current COVID-19 crisis. Anticipating non-payment rather than waiting...

Representative Experience