Major bankruptcy filings often trigger important pieces of litigation. These high-stakes cases require a sophisticated team of litigators with the know-how and experience to pursue them strategically and aggressively.

Fox’s Bankruptcy Litigation group combines the robust resources of a national firm with the razor-sharp focus of a boutique. We are well versed in the Bankruptcy Code and skillfully litigate claims in any venue — bankruptcy court, federal district court or state court, as well as mediation and arbitration forums.

Trustees and creditors’ committees turn to Fox to pursue claims against insiders and other parties that may lead to recoverable assets. We are experienced in both initiating such cases and defending individuals and businesses named in them.

Defendants in adversary proceedings — businesses and individuals — rely on Fox for a focused and savvy defense strategy.

Our practice is national. We routinely litigate in the busiest bankruptcy courts in Delaware, New York, Pennsylvania, Texas, Colorado and California. We're also poised to bring claims in whatever jurisdiction makes the most sense strategically and to defend claims wherever they arise throughout the country.

We have an excellent track record in litigating complex claims involving:

  • Fraudulent conveyances
  • Turnover
  • Preferences
  • Director & Officer Liability Claims
  • Accounting/Auditor Malpractice Claims
  • Recharacterization
  • Valuation Disputes
  • Tax Litigation

Representative Matters

Attorneys in Fox's Bankruptcy Litigation Group have:

  • Won $420 million judgment against the FDIC in favor of a bankruptcy trustee, which was affirmed by the Third Circuit Court of Appeals.
  • Secured $373 million settlement against the United States government in tax litigation in Court of Federal Claims.
  • Obtained a $17 million jury verdict in a fraudulent transfer trial in the United States District Court for the District of the Virgin Islands.
  • Secured a $5.25 million settlement on behalf of the trustee of a bank holding company against directors and officers.
  • Represented a Chapter 7 trustee in multiple trials securing judgments requiring the turnover of approximately $10 million in property.
  • Defended a film distributor in bankruptcy adversary proceeding involving fraudulent transfer claims brought by a Chapter 7 trustee.
  • Defeated claims of legal malpractice and negligence in an adversary proceeding against international law firm.
  • Successfully handled a multimillion-dollar mediation against former insiders of a Chapter 7 debtor.
  • Represented the Chapter 7 trustee in an antitrust action against a leading diamond exploration, mining, retail, trading and manufacturing company. Won reversal from the Second Circuit Court of Appeals, which also remanded a portion of an order in the client’s favor.