Bankruptcy Litigation

Representative Experience

• Currently represent 18 separate pension funds in fraudulent transfer litigation arising out of the Lyondell Chemical Company bankruptcy proceedings and over 20 separate public pension funds in fraudulent transfer litigation arising out of the Tribune Company bankruptcy proceedings. In both cases, plaintiffs are seeking to recover amounts paid to the selling shareholders in connection with leveraged buy outs which occurred in late 2007 and early 2008. In Tribune Company, the plaintiff is seeking to recover the combined sum of over $8 billion from all selling shareholders and in Lyondell Chemical Company the plaintiff is seeking to recover the combined sum of over $12 billion from all selling shareholders.
• Currently represent a public pension fund in connection with a Chapter 11 bankruptcy filed by one of its participating employers.  The employer filed the bankruptcy in an effort to exit the pension fund and avoid obligations contrary to applicable law.
• Represented the Trustee in Mary Ann Rabin v. Dirk S. Kettlewell, an action in the United States District Court for the Northern District of Ohio, Case No. 1:10-cv-02595,  to pursue claims for  breach of fiduciary duties by members of the Board of Directors of Inkstop, Inc., and in Mary Ann Rabin v. Skoda Minnoti, an action in the United States District Court for the Northern District of Ohio, Case No.1:12 –cv-00246, to pursue claims for negligence and receipt of preference payments against Inkstop’s accountants.  Both cases were settled on terms the Trustee deemed favorable.
• Successfully defended a supplier from a $1.5 million preference claim filed by the Administrative Claim and Creditor Trust in the SAI Holdings, Ltd. Chapter 11 bankruptcy case filed in the United States Bankruptcy Court for the Northern District of Ohio.