Overview
Williams & Connolly has represented clients in litigation arising from many of the most well-known and complex bankruptcy cases in recent history: lawsuits brought by bankruptcy trustees, litigation trusts, and bankruptcy creditors in adversary proceedings and litigation in federal district courts and state courts around the country. The firm has extensive experience handling complex issues that routinely arise in bankruptcy litigation. These issues include bankruptcy jurisdiction, the standing of trustees and creditors to bring claims; deepening insolvency; claims for fraudulent transfers and preferences; the availability of in pari delicto and other state law defenses to claims by trustees; availability of defenses afforded by the bankruptcy plan and other proceedings in the bankruptcy; and litigation over Rule 2004 subpoenas.
In litigating these cases, the firm brings to bear its experience in substantive subject matter areas that are frequently the subject of bankruptcy litigation, such as securities law, legal and accounting malpractice, and alleged financial services fraud.
The firm also has represented clients in bankruptcy matters on appeal, including most recently in the United States Supreme Court in Clark v. Rameker, which involves the question of whether inherited individual retirement accounts qualify for exemption from an individual’s bankruptcy estate.