Robert J. Stearn, Jr.

Director

302.651.7830
302.498.7830 (fax)
stearn@rlf.com
Robert Stearn Jr. focuses his practice on bankruptcy litigation, including preference and fraudulent transfer litigation, as well as all types of contested matters. His clients include large corporate debtors as well as defendants in adversary proceedings and contested matters. Bob spent his first 10 years of practice in the firm’s Corporate Department and has substantial experience litigating corporate issues such as D&O liability.
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Select Experience

  • John Martillo:  Defense of $50m fraudulent transfer action against former president and 50% shareholder.
  • Allied Holdings:  Provided variety of litigation services to this debtor arising out of disputes with first lien lenders and Committee.
  • National Financial Services:  Defense of claims asserted in adversary proceeding, seeking approx. $100m in damages.
View Experience >

Robert Stearn Jr. focuses his practice on bankruptcy litigation, including preference and fraudulent transfer litigation, as well as all types of contested matters. His clients include large corporate debtors as well as defendants in adversary proceedings and contested matters. Bob spent his first 10 years of practice in the firm’s Corporate Department and has substantial experience litigating corporate issues such as D&O liability.

Experience

  • Advanced Marketing Services: Provided variety of litigation services to this debtor, including obtaining approval of management incentive plans, motion practice to compel performance by asset purchaser under asset purchase agreement, and commencing litigation for breach of contract and related claims against major vendor
  • Allied Holdings: Provided variety of litigation services to this debtor arising out of disputes with first lien lenders and committee
  • American Airlines: Defense of $17m preference and fraudulent transfer action
  • Bank of America: Representation of secured lender in various disputes with debtor
  • Barclays Capital: Defense of $1.5m preference and fraudulent transfer action
  • Clearwire: Defense of Rule 2004 motion
  • De La Rue plc: Defense of $20m fraudulent transfer action
  • Goldman Sachs: Defense of $5m and $2.5m preference and fraudulent transfer actions 
  • Grupo American Industries: Defense of $5m preference action
  • Houlihan Lokey: Advice concerning solvency analyses 
  • Linens ‘n Things, Inc.: Provided variety of litigation services to this debtor, including defense of Rule 2004 motion, enforcement of automatic stay, evaluating and commencing multiple preference actions, and defense of challenges to use of cash collateral
  • John Martillo: Defense of $50m fraudulent transfer action brought against former president and 50% shareholder
  • Micron Semiconductor: Defense of $14m preference and fraudulent transfer action 
  • Motor Coach Industries: Commenced litigation on behalf of this debtor and obtained temporary restraining order to prevent loss of exit financing
  • National Financial Services: Defense of claims asserted in adversary proceeding seeking approx. $100m in damages 
  • New Century Financial: Provided variety of litigation services to this debtor, including obtaining approval of management incentive plans, defense of litigation concerning deferred compensation plans, and defense of WARN action
  • Reliant Energy Channelview: Provided variety of litigation services to this debtor, including litigation to exclude certain contracts from asset sale, litigation with stalking horse bidder, and litigation with asset purchaser

Publications

  • "Delaware's Solvency Test: What Is It and Does It Make Sense?," Delaware Journal of Corporate Law, 2011   View >
  • "Proving Solvency: Defending Preference and Fraudulent Transfer Litigation," The Business Lawyer, February 2007   View >

Presentations

  • "10th Annual Mid-Atlantic Bankruptcy Workshop," July 31, 2014
  • "Significant Issues for Fraudulent Transfer Actions," March 25, 2014

Awards

  • Chambers USA
  • The Best Lawyers in America
  • Benchmark Litigation

Education

  • J.D., University of Pennsylvania Law School, Order of the Coif, 1990
  • B.S., magna cum laude, Dickinson College, 1985

Admitted to Practice

  • Delaware
  • United States District Court, District of Delaware
  • United States Court of Appeals, Third Circuit

Experience

  • Advanced Marketing Services: Provided variety of litigation services to this debtor, including obtaining approval of management incentive plans, motion practice to compel performance by asset purchaser under asset purchase agreement, and commencing litigation for breach of contract and related claims against major vendor
  • Allied Holdings: Provided variety of litigation services to this debtor arising out of disputes with first lien lenders and committee
  • American Airlines: Defense of $17m preference and fraudulent transfer action
  • Bank of America: Representation of secured lender in various disputes with debtor
  • Barclays Capital: Defense of $1.5m preference and fraudulent transfer action
  • Clearwire: Defense of Rule 2004 motion
  • De La Rue plc: Defense of $20m fraudulent transfer action
  • Goldman Sachs: Defense of $5m and $2.5m preference and fraudulent transfer actions 
  • Grupo American Industries: Defense of $5m preference action
  • Houlihan Lokey: Advice concerning solvency analyses 
  • Linens ‘n Things, Inc.: Provided variety of litigation services to this debtor, including defense of Rule 2004 motion, enforcement of automatic stay, evaluating and commencing multiple preference actions, and defense of challenges to use of cash collateral
  • John Martillo: Defense of $50m fraudulent transfer action brought against former president and 50% shareholder
  • Micron Semiconductor: Defense of $14m preference and fraudulent transfer action 
  • Motor Coach Industries: Commenced litigation on behalf of this debtor and obtained temporary restraining order to prevent loss of exit financing
  • National Financial Services: Defense of claims asserted in adversary proceeding seeking approx. $100m in damages 
  • New Century Financial: Provided variety of litigation services to this debtor, including obtaining approval of management incentive plans, defense of litigation concerning deferred compensation plans, and defense of WARN action
  • Reliant Energy Channelview: Provided variety of litigation services to this debtor, including litigation to exclude certain contracts from asset sale, litigation with stalking horse bidder, and litigation with asset purchaser

Education

  • J.D., University of Pennsylvania Law School, Order of the Coif, 1990
  • B.S., magna cum laude, Dickinson College, 1985

Publications

  • "Delaware's Solvency Test: What Is It and Does It Make Sense?," Delaware Journal of Corporate Law, 2011   View >
  • "Proving Solvency: Defending Preference and Fraudulent Transfer Litigation," The Business Lawyer, February 2007   View >

Presentations

  • "10th Annual Mid-Atlantic Bankruptcy Workshop," July 31, 2014
  • "Significant Issues for Fraudulent Transfer Actions," March 25, 2014

Awards

  • Chambers USA
  • The Best Lawyers in America
  • Benchmark Litigation