Business Bankruptcy & Creditors' Rights
Sale of Aluminum Smelting Plant
Acted as lead counsel in the negotiation and drafting of an Asset Purchase Agreement and Real Estate Sale Contract for the $9MM sale of an aluminum smelting plant in Alabama. As seller was a Chapter 7 debtor in bankruptcy, the work entailed extensive involvement with the bankruptcy court regarding approvals by the court, and extensive negotiation with the seller's creditors regarding their approval of the sale.
Receiver for Medical Partnership
Court-appointed receiver in charge of the assets and legal affairs of an insolvent medical partnership that lost up to $8MM in embezzled funds.
Successful Dismissal of Chapter 13 Bankruptcy Case Resulting in Favorable Outcome for Financial Institution
Represented financial institution in contested evidentiary hearing regarding valuation of real estate in a Chapter 13 bankruptcy case. Obtained a ruling in favor of the client as to valuation of the real estate, resulting in denial of confirmation of borrower's Chapter 13 plan and dismissal of the Chapter 13 bankruptcy case.
Successfully Defended Uniform Fraudulent Transfer Act Claim in Bankruptcy Court
Successfully defended a Uniform Fraudulent Transfer Act claim in an Illinois bankruptcy court. The amount sought by the bankruptcy trustee exceeded $1MM. Our client prevailed in the trial court and the matter settled in a Seventh Circuit mediation for less than three percent of the original recovery sought by the trustee.
Successful Bankruptcy Court Decision on Behalf of Bank
Successfully represented a bank in the appeal of a bankruptcy court decision, which denied motion to dismiss the bankruptcy based on debtors' failure to adjust their lifestyle before filing bankruptcy.
Bankruptcy of Tier I Supplier
Represented the trustees assigned to negotiate, litigate, and resolve a billion-dollar claim pool in the bankruptcy and liquidation of a Tier I automotive supplier.
Bankruptcy – Franchise Obligations not Discharged
Lead counsel for California municipality in matter that defeated bankrupt cable operator's effort to discharge franchise obligations.
Fraud Claim Defeated
Represented a Fortune 500 company sued by a nationwide class of individuals for fraud in the bankruptcy courts. Successfully defended the company through appeal to the United States Court of Appeals for the Seventh Circuit.