The Firm has prosecuted and defended very large contested claims, challenged and defended plans of reorganizations and bankruptcy settlements, defended major avoidance actions, protected acquirors from challenges to bankruptcy purchases, and resolved a wide variety of other disputes.
Every bankruptcy litigation matter at S&C has access to the full resources of the Firm's multidisciplinary Litigation Group. It is typical to see the Firm's leading litigators take an active role in adversary proceedings in U.S. Bankruptcy Court, combining the Firm's knowledge of bankruptcy with its broader federal litigation experience.
SELECTED REPRESENTATIONSSullivan & Cromwell’s recent bankruptcy litigation experience includes:
- Banco Santander (Brasil) in a 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
- Eastman Kodak, in 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.
- FXI Holdings, a leading manufacturer of furniture, bedding, carpet cushion and automotive foam products, was accused of being liable for an 11-year price-fixing conspiracy. The court held that FXI did not incur the liabilities of its predecessor corporation, Foamex International, whose assets FXI acquired in a bankruptcy sale auction.
- JPMorgan Chase as creditor in the Global A&T Electronics Ltd. Chapter 11 proceedings
- DISH Network Corporation, EchoStar Corporation and L-Brand Acquisition, LLC in litigation related to purchases of LightSquared L.P. secured debt by SP Special Opportunities Holdings LLC
- SunEdison resolution of litigation between non-debtor subsidiaries and their debtor parent (Terraform Power and Terraform Global), and sale of those non-debtor subsidiaries to third party with debtor cooperation (largest restructuring of the year; Standout: “Managing Complexity and Scale,” Financial Times 2017)
- Fiat Chrysler Automobiles (FCA) in connection with the global insolvency proceedings and restructuring of Takata Corporation, including the pending Chapter 11 cases of TK Holdings, Inc. and its affiliates; in multidistrict litigation relating to Takata airbags; and in post-closing litigation relating to enforcement of the sale order approving the historic bankruptcy acquisition of Chrysler’s assets
- JPMorgan Chase in the Washington Mutual Inc. (WaMu) Chapter 11 proceeding arising from JPMorgan Chase’s acquisition of the assets of Washington Mutual Bank from the FDIC-Receiver following WaMu’s closure by federal regulators