Corporate / Financial Litigation Section

The Corporate/Financial Litigation Section (CORPFIN) handles complex, unique matters involving money and property. CORPFIN attorneys practice nation-wide and appear in bankruptcy courts, district courts, and occasionally in courts of appeal.

Bankruptcy Cases and Matters

The Corporate/Financial Litigation Section protects the government’s financial, contractual, and regulatory interests (other than tax and environmental) in large, complex Chapter 11 bankruptcies. CORPFIN attorneys assure the continued availability of property, goods, and services to the government, protect the government’s subsidy, contract, grant, loan, and loan guarantee interests, and preserve its continuing regulatory responsibilities.

Examples of CORPFIN’s Bankruptcy Practice

  • Health Care Bankruptcies: CORPFIN attorneys frequently recover Medicare overpayments from bankrupt health care providers and protect the Department of Housing and Urban Development’s (HUD’s) financial interests where a HUD-insured mortgage finances a health care facility.
  • Airline Bankruptcies: CORPFIN attorneys defend the United States’ regulatory and financial interests in airline bankruptcies, including those of international – such as United and U.S. Airways – and smaller, regional carriers.
  • GNMA Issuer Bankruptcies: CORPFIN attorneys represent the Government National Mortgage Association (GNMA) in bankruptcies of issuers of single and multifamily GNMA-guaranteed mortgage backed securities.
  • Wireless Telecommunication Bankruptcies: CORPFIN attorneys represent the Federal Communication Commission’s financial and regulatory interests in wireless telecommunication bankruptcies.

District Court Litigation

CORPFIN represents the United States in commercial cases not handled by other components of the Commercial Litigation Branch. CORPFIN handles affirmative and defensive litigation in federal district courts involving government loans and grants, as well as other monetary claims involving substantial sums of money and legal issues of first impression.

Examples of District Court Litigation

  • Equity Skimming Cases: CORPFIN attorneys pursue individuals and entities that skim HUD project equity in violation of HUD regulations and regulatory agreement.
  • Student Loan Class Actions: CORPFIN attorneys have defended the Department of Education’s methodology in computing principal, interest, and late fees on student loans.
  • Immigration Bonds: CORPFIN attorneys work to collect a backlog of over $30 million in breached Immigration and Customs Enforcement-held immigration delivery bonds from sureties and their agents.
  • Medicare Secondary Payer Litigation: CORPFIN attorneys pursue actions under the Medicare Secondary Payer statute to recover the costs expended by Medicare for injuries for which third-parties are responsible, particularly in mass tort class actions.

Constitutional Cases and Matters

The Corporate/Financial Litigation Section defends constitutional challenges to certain federal laws and programs.

Examples of CORPFIN’s Constitutional Law Practice

  • Bankruptcy Code: CORPFIN attorneys defend Constitutional challenges to the Bankruptcy Code, including Uniformity Clause and 5th and 11th Amendment challenges.
  • Federal Pay Systems: CORPFIN attorneys defended the Constitutionality of the FERS and COLA pay systems from Equal Protection challenges and assertions that these pay systems violate the right to interstate travel.