Bankruptcy

The firm has a particular specialty representing unions and benefit plans when employers file bankruptcy. We provide such representation not only for our regular clients, but also as special counsel to a host of unions and plans in a wide range of industries.

In many cases, even before the bankruptcy filing, we work with clients on planning for the employer’s anticipated filing.

Once the case is filed, we often litigate to oppose the attempted rejection of labor contracts or elimination of pension and health benefits. We also often fight management plans for unwarranted executive bonuses, and we sue to enforce the right of employees to receive advance notice before a shutdown.

We also advise and help clients in bankruptcy cases to file and pursue proofs of claim, to participate effectively on creditors committees, to evaluate corporate reorganization plans, and to otherwise defend their interests on the wide range of matters that arise during a bankruptcy proceeding.

We serve as special counsel to the AFL-CIO on bankruptcy issues, and have helped draft key legislation protecting labor interests in bankruptcies. We have also won notable court victories in the bankruptcy arena, including Altair Airlines, the principal case establishing a union’s eligibility to serve on a creditors’ committee and Ionosphere Clubs, the leading case establishing that a union can arbitrate contract grievances against an employer in bankruptcy.

One member of our firm was appointed by President Clinton to serve on the National Bankruptcy Review Commission. Others regularly speak at professional conferences or publish articles on bankruptcy developments.

Please visit the CWS Bankruptcy Labor Law Blog.