Bankruptcy Litigation

Conway MacKenzie’s Litigation Support professionals have served as Examiners appointed by the Office of the United States Trustee and have been admitted as experts to resolve bankruptcy disputes in a number of high-profile bankruptcy and distressed business litigation assignments. The depth of our analysis and strength of our conclusions often facilitates consensual settlement by the parties. Conway MacKenzie’s professionals have helped clients resolve many contentious bankruptcy and distressed business issues, including the following:

• Plan feasibility
• Business viability
• Best interest of creditors test
• Whether plan proposed in good faith
• Liquidation value and reorganization value
• Adequate protection
• Relief from stay
• Value of collateral
• §363 sales
• Contested bankruptcy bid processes
• Stock lock-up agreements and bylaw restrictions
• Claims trading
• Fraudulent conveyance claims
• Balance sheet test, cash flow test and capital adequacy tests
• Preference recovery claims
• New value and ordinary course defenses to preference
  recovery actions
• Recovery actions against auditors and other professionals
• Piercing of corporate veil
• Break-up value of businesses
• Inter-creditor disputes
• Substantive consolidation
• Equitable subordination
• Recharacterization
• Ponzi schemes
• Fraud
• Fraudulent financial reporting