Elite Teams Resolving Complex Bankruptcy Litigation

S&C's Bankruptcy Litigation practice combines the talents of our elite Restructuring and Litigation Group attorneys who collaborate to devise the optimal solutions for clients in a mix of complex domestic and international distressed situations. We represent debtors, creditors, financial institutions and purchasers in significant disputes and crisis management situations, including plan litigation and adversary proceedings in Chapter 11, Chapter 15 and other contexts.
 
Meet our practice leaders 
 

James L. Bromley

For three decades, Jim has advised on the most high-profile restructuring and bankruptcy litigation matters across a range of industries. He has substantial first-chair trial experience. He has represented:
  • Bluestone Resources and members of the Justice family in a 2021 action against Greensill Capital alleging fraud and breach of contract regarding $850 million of financing.
  • AT&T in its escrow dispute with Nextel arising out of the 2015 Section 363 sale of Nextel's Mexican operations to AT&T for $1.85 billion.
  • Edward S. Lampert and ESL Investments in litigation over the February 2019 Section 363 sale of Sears' operating assets for $5.2 billion, including acting as lead counsel in a three day trial that resulted in approval of the sale.* 
  • Nortel Networks, Inc. in months long landmark cross-border trial (U.S./Canada) on the allocation of $7.5 billion in sales proceeds among estates in the United States, Canada and EMEA.*
  • United Auto Workers in the hotly contested litigation relating to Section 363 sales of General Motors and Chrysler, both of which included trials and in the case of Chrysler included expedited appeals to Second Circuit and U.S. Supreme Court.*
*Prior to joining S&C.

Brian D. Glueckstein

Brian's practice focuses on bankruptcy litigation and complex commercial litigation. He has experience handling adversary proceedings, contested matters, and all aspects from filing through trial and appeal of both debtor and creditor representations in bankruptcy proceedings. His experience includes representing: 
  • Garrett Motion; LSC Communications; and White Star Petroleum in their respective Chapter 11 proceedings, including evidentiary hearings, trials and appeals.  
  • Fiat Chrysler Automobiles in connection with strategically important distressed supply chain situations, including the global insolvency proceedings and restructuring of Takata Corporation and related litigation; and numerous litigations spanning more than a decade involving enforcement of the sale order approving the historic bankruptcy acquisition of Chrysler's assets.
  • Eastman Kodak Company in all litigation aspects of its complex Chapter 11 case and global reorganization. 
  • Energy Future Holdings Inc. unsecured creditors' committee through the power giant's massive restructuring, including a multi-week plan confirmation trial. 

Notable experience
  • Garrett Motion in its Chapter 11 reorganization that includes a multitude of litigation with creditors and shareholders, and has resulted in a favorable settlement with its former parent company Honeywell International, Inc.
  • White Star Petroleum in its Chapter 11 proceedings, including obtaining approval of a contested KEIP and litigation concerning novel M&M lienholder issues that facilitated settlements in favor of White Star.
  • Fiat Chrysler Automobiles (FCA) in the global insolvency proceeds and restructuring of Takata Corporation, including the Chapter 11 cases of TK Holdings Inc. and its affiliates, and in multi-district litigation relating to Takata airbags.
  • Bluestone Resources and members of the Justice family in litigation against Greensill Capital alleging fraud and breach of contract regarding $850 million of financing.
  • JPMorgan Chase in litigation and global resolution of the Washington Mutual Inc. (WaMu) Chapter 11 proceedings arising from JPMorgan's acquisition of the assets of Washington Mutual Bank from the FDIC-receiver following WaMu's closure by federal regulators.
  • Energy Future Holdings unsecured creditors' committee through the power giant's massive restructuring, including in a multi-week plan confirmation trial.
  • Eastman Kodak in a multitude of both offensive and defensive litigation integral to its successful Chapter 11 case and global reorganization, including successful litigation to protect Kodak's intellectual property rights.
  • Standard Chartered Bank in the successful defense of claims brought in Chapter 15 proceedings involving the liquidation of Bernard L. Madoff Investment Securities LLC.

Learn more about our Restructuring and Litigation practices.

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SELECTED REPRESENTATIONS

Sullivan & Cromwell’s recent bankruptcy litigation experience includes:
  • Garrett Motion in its Chapter 11 reorganization that includes a multitude of litigation with creditors and shareholders, and has resulted in a favorable settlement with its former parent company Honeywell International, Inc.
     
  • White Star Petroleum in its Chapter 11 proceedings, including obtaining approval of a contested KEIP and litigation concerning novel M&M lienholder issues that facilitated settlements in favor of White Star.
     
  • LSC Communications in its Chapter 11 proceedings, including in litigation resulting in approval of a contested KERP and KEIP.
     
  • Fiat Chrysler Automobiles (FCA) in the global insolvency proceeds and restructuring of Takata Corporation, including the Chapter 11 cases of TK Holdings Inc. and its affiliates, and in multi-district litigation relating to Takata airbags.
     
  • Bluestone Resources and members of the Justice family in litigation against Greensill Capital alleging fraud and breach of contract regarding $850 million of financing.
     
  • Fiat Chrysler Automobiles (FCA) in various litigations relating to enforcement of the sale order approving the historic bankruptcy acquisition of Chrysler’s assets, including in litigation limiting punitive damages for products liability affirmed by the Second Circuit Court of Appeals.
     
  • A former director of Sears in defending claims seeking billions of dollars for fraudulent transfer and breach of fiduciary duty claims.
     
  • AT&T in its escrow dispute with Nextel arising out of the 2015 Section 363 sale of Nextel's Mexican operations to AT&T for $1.85 billion.
     
  • Banco Santander in litigation against American Airlines seeking a declaratory judgment that their co-brand credit card agreement has been terminated as a result of American Airline’s cessation of flights to Brazil as a result of the COVID-19 crisis.
     
  • JPMorgan Chase in litigation and global resolution of the Washington Mutual Inc. (WaMu) Chapter 11 proceedings arising from JPMorgan’s acquisition of the assets of Washington Mutual Bank from the FDIC-receiver following WaMu’s closure by federal regulators.
     
  • Energy Future Holdings unsecured creditors’ committee through the power giant’s massive restructuring, including in a multi-week plan confirmation trial.
     
  • DISH Network Corporation, EchoStar Corporation and L-Brand Acquisition, LLC in litigation and trial in the LightSquared Chapter 11 proceedings related to purchases of LightSquared L.P. secured debt by SP Special Opportunities Holdings LLC.
     
  • JPMorgan Chase as creditor in contested plan litigation in the Global A&T Electronics Ltd. Chapter 11 proceedings.
     
  • JPMorgan Chase in obtaining dismissal of litigation in bankruptcy proceedings alleging violations of state and federal securities laws in connection with a syndicated loan arranged for Millennium Laboratories.
     
  • Eastman Kodak in a multitude of both offensive and defensive litigation integral to its successful Chapter 11 case and global reorganization, including successful litigation to protect Kodak’s intellectual property rights.
     
  • Vornado Realty Trust as landlord in retailer chapter 11 cases, including Forever 21, J Crew, and RTW Retailwinds.
     
  • Pearson Education in the preference litigation commenced by the oversight board in connection with Puerto Rico’s insolvency proceedings.
     
  • Standard Chartered Bank in the successful defense of claims brought in Chapter 15 proceedings involving the liquidation of Bernard L. Madoff Investment Securities LLC.
     
  • Terraform Power and Terraform Global in litigation and global resolution of the SunEdison chapter 11 proceedings.