Business Bankruptcy & Creditors' Rights
National Bankruptcy Counsel in "Mega" Chapter 11 Cases
National bankruptcy counsel for publicly traded commercial landlord in "mega" Chapter 11 cases throughout the United States. Recent representative cases include the following: Payless Holdings LLC (Bankr. E.D. Mo., Case No. 19-40883), Frank Theatres Bayonne / South Cove LLC (Bankr. D.N.J., Case No. 18-34808), Sears Holdings Corporation (Bankr. S.D.N.Y., Case No. 18-23538), and Mattress Firm, Inc. (Bankr. D. Del., Case No. 18-12241).
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.
Chapter 11 – $4.3MM Disposition of Over 30 Franchised Restaurants
Counsel for first-position secured lender in related Chapter 11 cases which culminated in the $4.3MM disposition of over 30 locations of franchised fast casual restaurants under Section 363 of the Bankruptcy Code.
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 Settlement of Claim Against Non-Filing Spouse
Lead counsel defending non-filing spouse of business owner who was sued for the recovery of approximately $1.8MM in assets under theories of state and federal fraudulent transfer law and equitable theories regarding property she owned pursuant to long-standing estate plan. Negotiated settlement for 10% of the face amount of the claims.
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.
Counsel to Secured Lenders in Chapter 11 Matter
Counsel for first- and second-position secured lender in Chapter 11 case of company that produces and distributes bottled water and other complementary products in New York, Tennessee, and Texas. Negotiated terms of confirmed plan of reorganization (with credit enhancements of non-debtor entities) that resulted in payment in full of first-position lender's claim and second-position lender's allowed $2.5MM secured claim.
Counsel to Secured Lender in Chapter 11 Matter
Counsel for first-position secured lender in chapter 11 case which culminated in the $7.8MM disposition of substantially all assets of a leading manufacturer of UL listed enclosures and fuel tanks for generator sets under Section 363 of the Bankruptcy Code.
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.