Bankruptcy Litigation

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Bankruptcy is a highly specialized area of the law unfamiliar to many trial lawyers. It’s often the source of related litigation. Ogborn Mihm’s trial lawyers are well-equipped to represent clients in these cases. We bring a combination of trial skills and bankruptcy knowledge to a wide range of bankruptcy-related matters, including breach of fiduciary duty cases, Bankruptcy Code preference and fraudulent conveyance actions, and other commercial disputes.
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Interplay of Bankruptcy and Non-Bankruptcy Law

Litigating disputes in bankruptcy courts requires a specialized knowledge of how those courts operate, the bankruptcy court’s jurisdiction, and frequently, the interplay of other areas of law with the Bankruptcy Code and Rules. Ogborn Mihm’s bankruptcy lawyers bring a strong knowledge of these areas of law to their representation of clients whose disputes end up in bankruptcy court.

Special Counsel Representation of Bankruptcy Trustees

Bankruptcy trustees frequently find themselves administering estates that hold potential causes of action that – if successfully pursued – could result in significant recovery for creditors. Trustees frequently hire special counsel to prosecute the estate’s claims. These can arise in bankruptcy proceedings – such as preference and fraudulent conveyance – or be non-bankruptcy claims including fraud, legal malpractice, intellectual property disputes, and breach of fiduciary duty. Ogborn Mihm’s bankruptcy lawyers are uniquely positioned to efficiently and effectively serve as special counsel for trustees wishing to pursue litigation.

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Where We Represent Clients

Our Bankruptcy Litigation lawyers have appeared in courts across the country, including Colorado, Texas, Arizona, Louisiana, Arkansas, and Delaware.

Customizable Fee Arrangements for Special Counsel and Bankruptcy Trustee Practice

We represent clients, including bankruptcy trustees, on an hourly fee basis, a contingent fee basis, a hybrid hourly and contingent fee structure, and through other alternative fee arrangements. Whenever possible, we customize our fee arrangement to accommodate the unique needs of insolvent bankruptcy.

Featured Cases

When our client’s former CEO filed bankruptcy near the end of a jury trial in an effort to avoid a verdict for fraud and embezzlement, our lawyers obtained immediate relief from the bankruptcy stay to enable the jury to finish its work and the state court to enter judgment. We then represented the client in successfully preventing the CEO’s bankruptcy discharge of the judgment.

Our bankruptcy lawyers represented a chapter 11 bankruptcy trust formed to pursue fraud claims arising out of a real estate scheme that involved 100+ institutional lenders and individuals who invested more than $70 million. The trust sued title companies for its role in the scheme, including breaching their fiduciary duty in the handling of over 1,200 title transactions. After five years of litigation, two sets of defense counsel, and two appeals taken by the title companies, the case settled favorably to the trust.

Our bankruptcy litigation experience also includes representation of two chapter 7 bankruptcy trustees for a real estate developer and his affiliated companies who perpetrated a Ponzi scheme involving straw buyers and promises of “guaranteed returns on investment.” The case involved more than 80 defendants, many of which were early “winners” in the scheme while other late investors and creditors went unpaid. The Trustees recovered more than $1 million for the estates.