Bankruptcy, Appellate Advocacy, Post-Trial Practice

The firm’s bankruptcy practice includes complex corporate governance litigations in which our team represents parties accused of breach of fiduciary duties. We represent outside advisors for capital restructuring, independent board members, and even affiliated business entities in cases that often involve stacked issues of the scope of duty and threshold events that may trigger expanding constituencies. We have achieved early success when the facts support our position and resolve cases for fair values and controlled expenses where the risks mandate settlement.

We represent the interests of insurance companies when policy proceeds are at stake, assisting in all stages from initial evaluation of likely recovery, through the structuring of a comprehensive Proof of Claim, and into claim valuation with litigation when needed. We also directly represent the interests of a large corporate client regarding secured party claims, plan confirmation is the Chapter 11 cases of their ongoing and former customers and claim litigation when a fair valuation cannot be negotiated.

Defense of Chapter 5 avoidance claims by Debtors, Creditor’s Committees, and Trustees is also an area in which we can present reasoned risk assessments and work with client accounting and collections staff to present the proper defenses and negotiate fair resolutions. We also build the case for full litigation when needed.

We present practical advice, reasoned valuations, and a structured approach to any litigation to offer our clients the best path through complex issues that have been made more difficult by adding bankruptcy issues.

Our Appellate lawyers are a separate practice group available to carriers and defendants who may be dissatisfied with a verdict or who are defending a favorable outcome in a trial court. We are available for monitoring and consultation before and during trial to help identify and preserve appealable issues. Post-trial, we handle all aspects of the appellate process, from briefing and argument to settlement negotiations and mediation, to either defend a favorable outcome, or to mitigate the impact of an unfavorable outcome.

Although it is a separate practice group, our Appellate lawyers are integrated into most of the other practice groups within the firm. Many of them are experienced trial lawyers who have switched their focus to appellate counseling and litigation. Most of them have developed considerable expertise in particular areas of substantive law. This kind of versatility has enabled us to provide a range of services tailored to suit the needs of our clients and to deliver the best possible result in the most cost-effective fashion.

Information and referrals concerning Bankruptcy, Appellate Advocacy, Post-Trial Practice matters should be directed to Megan Mantzavinos, Esquire at mmantzavinos@moodklaw.com.