Bankruptcy & Creditors' Rights
Founded by a former bankruptcy judge, Baird Holm's Bankruptcy and Financial Dispute Resolution Group has extensive expertise in all aspects of financial dispute resolution, both out of court and in court. Out of court, we advance clients' interests, when practical, through negotiation, mediation, workouts and arbitration. In court, we regularly represent clients in bankruptcy courts, federal non-bankruptcy courts and state courts. Such representations extend to state and federal courts of Nebraska, Iowa and other jurisdictions. In bankruptcy courts, our representations include contested matter or adversary proceeding litigation concerning confirmation or revocation of Chapter 11, 12 or 13 plans; stay relief; assumption or rejection of leases or executory contracts; and fraudulent conveyances, preferences and other potentially avoidable transfers. We also represent clients in bankruptcy appellate proceedings. In non-bankruptcy courts, our representation includes litigation of suits involving lender liability claims, breach of contracts, fraudulent transfers, collections, replevins and foreclosures of real estate liens. We also prosecute state court appeals related to these areas.
Creditors
Most of our clients are creditors, including major banks, insurance companies, suppliers and health care providers. For these clients, we collect debts, enforce contract rights and foreclose liens, litigating when necessary.
Debtors
In certain instances, we represent clients who are debtors. Most of these clients are corporations or other business entities experiencing complex financial difficulties, but also having potential for rehabilitation and reorganization.
Trustees and Committees
We are retained by bankruptcy trustees as special counsel and creditors' committees with respect to the full range of their statutory duties.