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Corporate & Bankruptcy

Business Bankruptcy Litigation

A customer, tenant, or supplier you rely on has filed for bankruptcy, and now your contract, your lease, or your collection lawsuit is caught in a case you did not start.

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01 GUIDE

Business Bankruptcy Litigation: what usually happens

Disputes that begin with the automatic stay

The filing generally stops lawsuits, collection efforts, and termination steps against the debtor at once, even if you were close to a judgment. Acting against the debtor or its property after the filing can violate the stay and expose you to sanctions, so get advice before sending notices or setting off accounts. If the stay is harming you, for example because collateral is losing value or a non-bankruptcy lawsuit is better heard elsewhere, you can ask the court for relief from the stay. Much business bankruptcy litigation begins with that kind of motion.

Your contract in the debtor's hands

A debtor can usually decide whether to keep or reject a contract or lease that is still being performed, and clauses that end the agreement because of a bankruptcy filing are generally not enforceable against it. If the debtor keeps the contract, it typically has to cure past defaults and show it can perform going forward, and the cure amount is often disputed. If the debtor rejects it, you hold a claim for damages, which is commonly paid at a fraction alongside other unsecured claims. Commercial landlords have specific rules about timing and about rent after the filing, and some contracts, including certain intellectual property licenses, follow rules of their own. Preserve the contract, the amendments, the account history, and correspondence about performance and defaults.

Picking which fights matter

Not every dispute in a counterparty's bankruptcy is worth litigating. We look at what you are owed, whether you are still performing or supplying, whether you hold collateral or a right of setoff, and whether objections to cure amounts, sale orders, or plan terms would protect real value. Deadlines to object are often set by notices that arrive in large volumes, so someone needs to read them as they come in. In a first conversation we sort out your position, what the next notice or hearing will decide, and where your leverage actually lies.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

Our multidisciplinary approach and established processes enable us to address cross-border challenges with efficiency.

06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

Suite 985, 1717 K Street NW, Washington, DC 20006
(855) 529-7557

Los Angeles

1901 Avenue of the Stars, Suite 820, Los Angeles, CA 90067
(424) 561-7557

Attorney Advertising. This page is general information about business bankruptcy litigation and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.