Bankruptcy & Creditors’ Rights
Founded by a former bankruptcy judge, Baird Holm's bankruptcy and creditor’s rights group has extensive expertise in all aspects of financial dispute resolution. Out of court, we advance clients’ interests through negotiation, mediation, workouts, and arbitration. In court, we regularly represent clients in bankruptcy courts, federal non-bankruptcy courts, and state courts. These matters include 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, purchase and sale of debtor assets, assumption or rejection of leases or executory contracts, 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 contract, fraudulent transfers, collections, replevins, and real estate foreclosures liens. We also prosecute state court appeals related to these areas.
Most of our clients are creditors, including large and small banks, insurance companies, suppliers, and health care providers. For these clients, we collect debts, enforce contract rights, and foreclose liens, litigating when necessary.
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.