Bankruptcy Financing Disputes

Litigation over debtor-in-possession (DIP) and other bankruptcy financing is often one of the key issues in a bankruptcy case. This is particularly true with credit agreements negotiated prebankruptcy, which may contain covenants and provisions that can dictate the course of the case. In fact, directing the course of the case is often precisely what such provisions such as roll-over, lock-up, and release are intended to achieve.

The firm has the sophistication and experience to litigate effectively when credit agreements threaten the interests of its clients. We have scored many notable successes on behalf of creditors’ committees confronted at the outset of a case with credit agreements that would extinguish important rights.