Trustees, as bankruptcy estate fiduciaries, are presented with the challenging and often daunting task of both marshalling and obtaining control of estate assets, as well as investigating the background of the debtor’s financial demise, pursuing viable causes of action to augment the estate and administering claims asserted in the bankruptcy case. Munsch Hardt’s nationally recognized Bankruptcy, Restructuring & Insolvency team has extensive experience in representing trustees appointed in both Chapter 11 and Chapter 7 cases, including in many highly complex, fraud-entangled cases. Not only does Munsch Hardt benefit from having several of its team members previously serve as trustees – thereby providing first-hand experience of the types of challenges regularly encountered by trustees – but it also boasts a stable of highly experienced bankruptcy litigators who are fully equipped to prosecute claims and causes of action on behalf its trustee clients when necessary.
Our lawyers have regularly represented trustees in all phases of a bankruptcy case, and in all types and categories of matters and proceedings, including:
- Asset identification and recovery
- Asset marketing, sales and other dispositions
- Assumption and assumption and assignment of executory contracts and unexpired leases
- Avoidance action prosecution and asset recoveries
- Chapter 11 plan formulation, solicitation and confirmation
- Claim objection prosecution
- Defense of stay relief motions
- Estate financing, including cash collateral and post-petition financing proceedings
- Fraud-based claim prosecution
- Fraudulent conveyance claim prosecution and asset recoveries
- Investigative Bankruptcy Rule 2004 examinations, depositions and other discovery
- Lender, committee and other major creditor and creditor constituency negotiations
- Post-confirmation trust administration
- Preferential transfer claim prosecution and asset recoveries
- Rejection of executory contracts and unexpired leases
- Reporting obligations
- Surcharge proceeding prosecution
- Turnover proceeding prosecution and asset recoveries