Lugenbuhl’s bankruptcy team possesses both the deep understanding of bankruptcy law and the trial skills to litigate and win a hotly contested bankruptcy case or adversary proceeding. This rare combination pays significant dividends to our clients when complex bankruptcy issues arise that cannot be consensually resolved.

Because of the complexity and nuance of bankruptcy issues, good bankruptcy lawyers are often able to assess the risks of litigation and reach a commercial resolution to their disputes. But when settlement efforts fail, there is a stark divide between those bankruptcy attorneys who are able to try their case confidently under the Federal Rules of Evidence, and those who lack such experience.

Set Apart by Our Trial Experience

Lugenbuhl’s attorneys are set apart by our long history of trying complex matters when the stakes are high, presenting their case-in-chief expertly through witness testimony and key documentary evidence. This experience is invaluable when litigating bankruptcy-specific controversies such as corporate governance and control of a Chapter 11 debtor, valuations in a fight over adequate protection, cramdown plans of reorganization or preference and avoidance actions.

  • Objecting to confirmation of Chapter 11 plans of reorganization that provide unfair treatment to creditor clients.
  • Filing involuntary bankruptcy petitions when a client’s customer failed or unreasonably delayed payment repeatedly to many creditors.
  • Litigating objections to the discharge ability of debts on the basis of fraud or misrepresentation by a debtor.
  • Defending clients who provide goods and services to a debtor, and are later faced with claims by a trustee seeking to claw back allegedly preferential payments.

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