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Bankruptcy Litigation

At Lax & Neville LLP, our bankruptcy litigation practice is staffed by seasoned professionals and focuses on servicing our clients in all respects. Our expansive bankruptcy litigation practice represents clients in federal district, federal bankruptcy and appellate courts. We represents our clients in a timely and cost-effective manner in various bankruptcy litigation matters including:

  • Clawback Litigation: Lax & Neville LLP has represented hundreds of defendants in clawback litigation. Clawback litigation is often commenced by a trustee or receiver in bankruptcy court after a Ponzi scheme or fraud is revealed. Clawback actions are commenced by the bankruptcy trustee or receiver to recover funds distributed to victims or investors by the fraudster operating the Ponzi scheme or fraud. Lax & Neville LLP is intimately involved with the clawback litigation involving the Bernard Madoff and the Agape World. Inc.

  • Avoidance Actions: Avoidance actions are a core focus of our bankruptcy practice and our attorneys are generally aware of the latest legal opinions related to avoidance actions. Lax & Neville LLP has represented hundreds of defendants in avoidance actions, which gives use a unique understanding of the merits of each case, and allows us to formulate the best strategy for resolving the case in the most favorable manner for our clients.

  • Preference Litigation: As part of our robust bankruptcy litigation practice, Lax & Neville LLP routinely represents clients that are a party in a preference litigation or action. Preference actions are commenced by a trustee or receiver when the debtor or insolvent entity makes certain transfers to an individual or an entity during the 90 days prior to the debtor entering bankruptcy.

  • Fraudulent Conveyance Actions: Lax & Neville LLP frequently represents clients in prosecuting and defending fraudulent conveyance actions. A Fraudulent transfer is any transfer or obligation made in the years prior to the filing of a bankruptcy, when such transactions were made with the actual intent to hinder, delay or defraud a present or future creditor. Under section 548 of the Bankruptcy Code, the debtor may avoid fraudulent transfers and recover any property of the estate that was fraudulently conveyed to a third party.

  • Ponzi Schemes: Lax & Neville LLP has represented numerous victims of Ponzi schemes. Our firm has represented hundreds of investors in all areas of Ponzi scheme litigation, including assisting victims file claim forms with the Securities Investor Protection Corporation (SIPC), defending clients in clawback litigations, defending investment firms accused of acting as “feeder funds,” and appealing bankruptcy and district court decisions to to a higher court, such as the Court of Appeals for the Second Circuit .

Our attorneys have extensive experience in representing hundreds of investors and clients in Bankruptcy Litigation. We are proactive in determining our clients’ options and strategies to optimize the possibility of a successful outcome. Our analytical skill allows our attorneys to assess all of the potential risks, costs, benefits and disadvantages of a particular litigation strategy. This skill allows us to work towards an effective and satisfactory resolution for our clients. Contact the attorneys of Lax & Neville LLP for a free consultation with an experienced bankruptcy litigation lawyer.

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