ABOUT THE BANKRUPTCY, RESTRUCTURING, AND INSOLVENCY LITIGATION GROUP
Efficient Delivery of Results in Sophisticated Matters
Archer’s Bankruptcy, Restructuring, and Insolvency Litigation Group provides sophisticated counsel to domestic and foreign clients in all types of insolvency and litigation matters. Chambers USA ranks the Group as one of the best in the region, representing an impressive roster of clients, noting that “our sources underline the group as being a tightly run unit that is easy to deal with.” It has “solid experience in representing trustees, creditors’ committees and debtors.” The Group has been noted as being “very cost-effective” for clients who want high level representation in complex matters, as the Group is regularly involved in some of the largest, high profile bankruptcy matters. It is also strongly suited to efficiently handle middle-market cases for debtors, trustees, committees, fiduciaries, creditors, investors, and other constituencies striving for that delicate balance between result and cost.
With the recent addition of attorneys from the New York based, boutique law firm of DiConza Traurig Kadish LLP, the Group has added skilled corporate restructuring attorneys and litigators with a wealth of experience in the Bankruptcy Courts in the Southern and Eastern Districts of New York.
The Group is strategically positioned in the busiest bankruptcy venues in the United States, with partners resident in Wilmington, Delaware and New York City. The Group has extensive experience representing creditor committees, debtors, purchasers, trustees and other bankruptcy participants in Delaware, New York, New Jersey, Philadelphia, and other courts throughout the country.
Chambers USA praises Group Chairman Stephen Packman for his “unique, reassuringly confident perspectives that are the result of years of experience” and as “a results-driven tactician and outstanding strategist.” Mr. Packman is an inaugural Fellow of INSOL, the international association of over 10,000 world-wide restructuring professionals. He has represented parties in bankruptcy and litigation proceedings throughout the USA and abroad and has considerable experience in cross-border insolvency, business and litigation matters. He has represented various foreign debtors in contested chapter 15 proceedings and regularly represents committees nationwide.
Chambers USA describes Group Vice-Chair, David Carickhoff as “very thoughtful and intelligent” offering expertise in Chapter 7 and Chapter 11 cases. Clients say he is “practical, articulate and direct” and add that he is “very even-keeled and efficient.” David has been practicing for more than 20 years in Wilmington, Delaware. He has represented all sides in distressed situations and, as such, understands and utilizes the leverage points in cases to achieve client objectives. David is also one of a select few Delaware panel Chapter 7 Trustees appointed by the Office of the United States Trustee and, as such, makes expeditious critical business decisions.
Selecting the Right Team
The Bankruptcy, Restructuring, and Insolvency Litigation Group has assembled attorneys with years of experience in handling restructuring and insolvency matters. This enables Group members to handle the work from start to finish. Group members have experience in all facets of the practice including out of court workouts, forbearance agreements, arrangements, assignments for creditors, receiverships, dissolutions, bankruptcy planning and preparation, pre-packs, plan formulation, pre and post-confirmation matters, bankruptcy sales, trials, appeals, mediation, arbitration, foreclosures, tax liens, cross-border issues, model law and UNCITRAL, Chapter 15, PACA claims, DIP lending, tax disputes, transfer pricing, claims trading, creditors’ rights, fiduciary claims and litigation, avoidance actions, preference claims, insiders, valuations, collections, guaranty and surety issues, insurance claims and recoveries, tort claimants, claims representatives, trustees, plan trustees, plan agents, successors and other fiduciaries. The Group often works closely with other Archer attorneys when matters arise involving specialized issues. This interdisciplinary approach ensures effective staffing of matters for clients.
Speed and efficiency are paramount in restructuring and insolvency litigation, and the Group is well-versed in all aspects of e-Discovery and fully integrated with the Archer Discovery Strategies practice. This means that document-intensive cases are handled with state of the art technology and procedures to streamline bankruptcy and plan preparation, claims resolution, bankruptcy and adversary proceeding discovery, and contested matters as well as trials. Archer has a team of e-Discovery professionals to assist as needed in the process.
A Forward Thinking Mindset for a Global Economy
Clients today want creative, cost-effective solutions to their global issues. Having the ability to understand and think strategically in both established and emerging markets translates to more innovative solutions, and overall more cost-effective representation for the client. Engagements can be structured to suit both the firm’s and client’s expectations, including in appropriate situations alternative fee arrangements.
Archer’s Bankruptcy, Restructuring, and Insolvency Litigation Group has substantial experience in handling international disputes and cross-border insolvency matters, including the European Union (EU) Regulations on Insolvency Proceedings and the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency. The Group has represented clients in proceedings in or associated with Europe, Asia, North and South America, including in bankruptcy matters pending both domestically and abroad. The Group has been credited with filing what is believed to be the first Chapter 15 bankruptcy case relating to a foreign insolvency proceeding pending by a mainland debtor in the People’s Republic of China. The Group also recently represented a foreign Chapter 15 debtor based in Hong Kong with holdings in the U.S. and represents its domestic affiliate in related Chapter 11 proceedings.
Consult with us
We welcome your inquiries and would be happy to consult with you by phone or in person at your convenience. Please contact Group Chair Stephen M. Packman at (215) 246-3147 or spackman@archerlaw.com. David Carickhoff is the managing partner of the Delaware office and can be reached at (302) 356-6621 or dcarickhoff@archerlaw.com. Gerard DiConza is the managing partner of the New York office and can be reached at (212) 682-4940 or gdiconza@archerlaw.com.
