Sophisticated Debtor-Creditor Litigation

“Big ticket” litigation in the nature of contact actions or business torts involving the pursuit or the defense of large monetary claims requires a commitment to (a) liability and damage analysis; (b) case planning, expert retention and budgeting; and (c) a practical understanding of how modern game theory (the study of mathematical models of strategic interaction among rational decision makers) operates in both traditional court proceedings and increasingly in arbitration proceedings. Such arbitration proceedings are proliferating as Alternative Dispute Resolution provisions impact upon more and more litigation claims of financial consequence. As business clients all too often learn, it is easier to start sophisticated debtor-creditor litigation than to conclude it.

The attorneys of the Rose Law Group have the experience to bring larger sophisticated debtor-creditor litigation matters to a successful conclusion, whether by way of settlement or litigation to a final result after a full civil trial or arbitration. While statistically most litigation matters settle or are decided by way of dispositive motions, the clients of the Rose Law Group are not obligated to compromise or accept unacceptable results if their best interests requires that a matter be tried to finality.

Sophisticated debtor-creditor litigation at the Rose Law Group begins with factual investigation, case modeling and the development of a clear understanding of client needs and objectives. Nothing is taken for granted and a comprehensive plan is developed for each case in consultation with the firm’s client.

The framing of claims and defenses in each case are thought through from the  inception of the case through trial if necessary. This includes disclosure, discovery,  deposition and dispositive motion phase of each cases. Electronic evidence strategy, spoliation issues and strategies related to other case specific evidentiary issues and goals are developed as early as possible.

The accumulated experience of the Rose Law Group team members is applied to effective motion practice and, as required, trial preparation. While every client of the firm has the option of settling, the ability of the firm’s lawyers to try sophisticated debtor-cases to conclusion makes settlement a client choice and not a client necessity.

The Rose Law Group team members include lawyers with expertise in all aspects of post-judgment collection. Winning a case without collecting is a hollow and unsatisfactory victory.  Knowing how to deploy post-judgment asset discovery techniques and collection procedures is crucial to the success of the firm’s clients in sophisticated debtor-creditor litigation matters.

Team members include attorneys with certifications in creditors’ rights, business bankruptcy and general bankruptcy. This means that post-judgment issues presented by structured debtor efforts to impede collections such as asset protection planning and fraudulent transfers can be aggressively addressed by team members acting on behalf of the firm’s clients. Such specialized post-judgment litigation is in and of itself the basis for many of the firm’s engagements in the arena of sophisticated debtor-creditor litigation.