The firm’s strategic office locations allow us to handle the most significant bankruptcy matters throughout the United States and abroad, and file these cases in the jurisdiction that best meets a client’s objectives.
New York, NYThe firm represents the official committee of unsecured creditors in the case of SFX, Entertainment, a live events conglomerate that produces electronic dance music festivals worldwide. The case is pending in the District of Delaware.
Great Atlantic & Pacific Tea Company (A&P)
Montvale, NJThe firm was retained by the creditors’ committee in the bankruptcy of the oldest U.S. supermarket chain. The company filed for chapter 11 protection three years after emerging from a previous trip through bankruptcy. A&P, which has about 28,500 employees, said it has so far found bidders for 120 of its 296 grocery stores, and will continue to seek buyers for many of the rest.
National Air Cargo
Orchard Park, NYThe firm is counsel to the creditors' committee of this air-based freight forwarding company in its chapter 11 case pending in the Western District of New York. At the time of its bankruptcy filing, National Air Cargo listed over $10 million of liabilities on its schedules.
Fired Up, Inc.
Lakeway, TXThe firm represented the creditors' committee in the chapter 11 case of Fired Up Inc., which owns, operates, and licenses Johnny Carino's Italian restaurants worldwide.
Friendly Ice Cream Corporation
Wilbraham, MAThe firm was co-counsel to Friendly Ice Cream Corporation ("Friendly's") and several affiliates companies, which included approximately 490 restaurants located in 16 states. In addition to their restaurant operations, Friendly's also manufactures a complete line of premium ice cream products distributed to more than 7,000 supermarkets and other third-party retail locations in 48 states. Through the chapter 11 cases, Friendly's implemented a comprehensive turnaround strategy designed to improve operations across all business segments, consummated a sale of its business and liquidated its remaining assets.
Marlboro, MAThe firm is cocounsel to Evergreen Solar in its chapter 11 bankruptcy case pending in the U.S. Bankruptcy Court for the District of Delaware. Evergreen manufactures String Ribbon® solar power products with its proprietary, low-cost silicon-wafer technology. The company’s patented wafer-manufacturing technology uses significantly less polysilicon than conventional processes and its products provide reliable and environmentally clean electric power for residential and commercial applications globally. The noteholders have agreed to support one or more asset sales as part of the restructuring.
The firm is representing the receiver of Blockbuster Canada in connection with its chapter 15 case commenced in the Southern District of New York.
Los Angeles, CAThe firm represented the official committee of unsecured creditors and, after confirmation of the debtor’s plan, the plan agent, in the bankruptcy case of Persik Productions, Inc., formerly known as Bob Yari Productions. The company, acting through various subsidiaries, produced theatrical motion pictures, including The Illusionist and the Academy Award-winning Crash. The firm negotiated the terms of the plan with the company and the various film industry entertainment guilds, resulting in a return for unsecured creditors.
Filene's Basement, Inc.
Burlington, MAFilene’s Basement was a retailer specializing in value-priced fashion with multiple stores in the eastern and midwestern United States. The firm obtained approval of a going-concern sale that resulted in significant proceeds for the estate, the continuation of the business and name under new ownership, and the preservation of the jobs of many of the company’s nearly 2000 employees. The success of the sale, combined with settlements with key constituencies, allowed for a prompt proposal of the liquidating plan that creditors voted overwhelmingly to support.
Carolina Fluid Handling
Easley, SCThe firm was retained as litigation counsel by the chapter 7 trustee in this case to prosecute avoiding actions. Carolina Fluids were designers and manufacturers of innovative fuel management and fluid handling systems for the automotive industry. They sold directly to the major automotive manufacturers in North America.
The firm as cocounsel represented the creditors’ committee of Smurfit-Stone Container Corporation in its chapter 11 bankruptcy case in Delaware. Smurfit-Stone is one of the leading integrated manufacturers of paperboard and paper-based packaging in North America and one of the world’s largest paper recyclers. Through the firm’s efforts, it was able to assist in negotiating a distribution of new common stock in the reorganized company that provided significant value to unsecured creditors.
Manati, PRThe firm represented the chapter 11 trustee of this pharmaceutical manufacturer based in Puerto Rico, obtaining confirmation of a liquidating plan.
Tweeter Home Entertainment Group
Canton, MAAs Delaware counsel to the creditors' committee in this case, the firm negotiated the debtor-in-possession financing and the sale of substantially all of the debtors' assets.
Tyngsboro, MAThe firm represented the debtors in their chapter 11 cases in Wilmington, Delaware. The debtors manufactured top-quality woven jacquard and velour fabrics in facilities located in North Carolina and through and affiliate entity in Mexico.
Curative Health Services
Nashua, NHThe firm served as counsel to the indenture trustee in this prepackaged chapter 11 case.
Hampton, NHThe firm represented the creditors' committee of this manufacturer of engineered fibers in its chapter 11 case in New Hampshire and continues to represent the liquidating trustee appointed under a plan of liquidation proposed and confirmed by the committee. Foss filed bankruptcy after its CEO resigned amid allegations of numerous financial improprieties. The firm led the committee’s investigation into these matters and commenced litigation against the insiders seeking to hold them liable for, among other things, breach of fiduciary duty, illegal dividends and fraudulent transfers.
Hartland, MEWe served as counsel to the official committee of unsecured creditors in the case of Irving Tanning Company , which is engaged in the business of treating and finishing cow hides into leather sold to manufacturers of leather products in the United States and worldwide. At the beginning of the case, the company's secured lender was insisting on a liquidation, and opposed the debtor's request to use cash collateral. The committee uncovered a potential claim against the secured lender and otherwise sought to resist efforts to liquidate the company. Ultimately, an orderly process for selling or reorganizing the company was established that resulted in a confirmed plan of reorganization that spared it from outright liquidation.
Bayamon, PRCaribbean Petroleum Corporation controlled 19% of the retail petroleum market in Puerto Rico through approximately 220 service stations, a 48,000 barrel-per-day refinery, a 2.2 million barrel tank farm, pipelines, and the only privately owned dock and terminal facility in San Juan Harbor. Notwithstanding in excess of $80 million of secured debt, the committee was successful in negotiating a consensual plan that provided for an effective-date distribution of 40% and distributions of an additional 30% over the three-year period following the effective date.
Waltham, MAThe firm acted as cocounsel for the examiner in Polaroid's bankruptcy case filed in Delaware bankruptcy court. Polaroid and its related debtors were the leading instant-imaging company in the world and the only manufacturer of traditional chemical-based instant cameras and film in the United States. The examiner was appointed to review financial information and, among other things, investigate whether Polaroid’s accounting practices or irregularities materially undervalued Polaroid’s assets and/or resulted in an inappropriate liquidation of Polaroid’s assets.
Devon Convenience Holdings, Inc./Duke and Long Distributing Company
The firm represented the creditors' committee in the Devon Convenience Holdings/Duke and Long Distributing Company chapter 11 cases. The debtors operated a chain of 256 convenience stores located in eight states.
General Cinema Theatres
Chestnut Hill, MAThe firm represented the creditors' committee of General Cinema Theatres, which was at the time of its chapter 11 filing the eighth largest theater chain in North America with approximately 750 screens mostly in the Midwest and Northeast.
Erlanger, KYThe firm as cocounsel represented the official creditors’ committee of Prime Succession, Inc. and certain of its affiliates in their chapter 11 bankruptcy case in Delaware. Prime Succession was one of the leading providers of funeral and cemetery products and services in the United States. The company owned and operated approximately 141 funeral homes and 19 cemeteries in 19 states. The firm assisted in the negotiation of a chapter 11 plan that was successfully confirmed and provided general unsecured creditors with a pro rata share of certain subordinated notes and common stock in the reorganized company.
CMBS Out-of Court Restructurings
•$110 million with a hedge fund representing 3 properties •$220 million owed on 5 CMBS loans associated with 5 hotels •$72 million owed to a special servicer on one loans •$55 million owed to a special servicer on 2 loans
Equitable Life Assurance Society of America
As counsel involved in the demutualization of Equitable Life Assurance Society of America, the firm represented and successfully obtained a significant enhancement for the American Bar Retirement Association in the distribution of Equitable's assets.
Big Apple Circus Ltd.
New York, NY
New York, NYThe firm is counsel to the creditors' committee of clothing retailer Aeropostale and its affiliates in a highly publicized chapter 11 bankruptcy that commenced in May 2016 in the Southern District of New York. Aeropostale operates more than 800 stores in the U.S. and Canada, and through various licensing agreements in Latin America, Asia, Europe and the Middle East. The company caters to teens and children and also operates the online women's shoe and clothing retailer GoJane.com.
New York, NYThe firm represented certain investors and the special committee of the board of directors of Quirky, Inc., a developer of crowdsourced inventions, and its affiliates. The New York-based company filed for bankruptcy protection in September 2015. During the case, the company sold its smart-home business Wink to Flextronics International, a supply chains solutions company and sold Quirky, Inc.’s remaining assets to Q Holdings, LLC.
Federation Employment and Guidance Service Inc. (FEGS)
Copiague, NYThe firm serves as counsel to the creditors' committee in the chapter 11 case of Federal Employment and Guidance Service, the largest nonprofit health and human services organization in the New York metropolitan area, which provides a broad range of health and social services to more than 120,000 persons annually.
New York, NYThe firm is counsel to Cache Inc. and its affiliates in their chapter 11 cases. Cache is a publicly held women’s lifestyle specialty retailer targeting women ages 25-55. As of January 30, 2015, Cache operated 218 stores in 40 states nationwide. At the time of filing, Cache had over 2,500 employees.
Manchester, CTThe unsecured creditors of this retailer pools, pool accessories and other recreational equipment sought the assistance of the firm to aggressively deal with the debtor's 1st lien lender, which was pushing for a chainwide liquidation. The firm worked to find an alternative strategy that led to a reorganization of the retailer, a distribution to general unsecured creditors who were substantially out of the money in a liquidation, and saved a customer and a tenant for the debtor’s vendors and landlords.
New York, NYThe firm is engaged as cocounsel to the creditors’ committee appointed in the chapter 11 case of Residential Capital, LLC (“ResCap”), formerly known as GMAC Mortgage, the subprime mortgage subsidiary of government-owned Ally Financial, formerly known as GMAC, and various affiliates. The debtors reported total assets and liabilities of approximately $15 billion. The firm is actively representing the committee in litigation over challenges to liens purporting to secure debts owed to certain noteholders in excess of $2 billion.
New Rochelle, NYThe firm represents the official committees of unsecured creditors of The Christian Brothers of Ireland, Inc. and The Christian Brothers Institute in two chapter 11 cases pending in the Southern District of New York. The Christian Brothers is a teaching order operating schools all over North America. The cases were filed in response to growing costs related to the Catholic clergy sex abuse scandal.
Charlie Brown's - CB Holding Corporation
New York, NYThe firm represented the official creditors’ committee of CB Holding Corp. and certain of its affiliates in their chapter 11 bankruptcy case in Delaware. CB Holding owned and operated the Charlie Brown’s Steakhouse, Bugaboo Creek Steak House, and The Office Beer Bar & Grill chain of restaurants in several states throughout the northeast United States. The firm played an important role in negotiating the terms of the company-proposed sales of its assets during the bankruptcy case, which ultimately led to a consensual plan of liquidation that provided for a trust to liquidate the remaining assets of the company and the establishment of a liquidating trustee to oversee distributions to unsecured creditors.
Latham, NYThe firm represented the debtor in this prepackaged chapter 11 case and related subsidiaries. Latham is a leading manufacturer of swimming pools and related equipment and accessories. The case filed on December 23, 2009, and a plan was confirmed January 22, 2010 - approximately thirty days after the petition date. The plan provided 100% payment to unsecured creditors.
New York, NYTwo members of the firm represented funds and fund managers that were significant holders of debt issued by CIT Group including a foreign affiliate in connection with CIT's chapter 11 case.
R. Esmerian Inc.
New York, NYThe firm represents the examiner with expanded powers appointed in the chapter 11 cases of Ralph Esmerian and R. Esmerian, Inc. The debtors were the subjects of an involuntary bankruptcy in the wake of a chapter 11 case commenced by an affiliate of the debtors. After the examiner’s appointment, the debtors’ principal was arrested and ultimately pled guilty to bankruptcy fraud and other crimes. The firm advised the examiner in selling the debtors’ assets, investigating the debtors’ prepetition financial transactions, commencing litigation against third parties, resolving claims, and confirming a joint plan of liquidation with the creditors’ committee.
Lehman Brothers Holdings
New York, NYThree members of the firm represented holders of large claims against Lehman Brothers Holdings and affiliates across the capital structure, including an affiliate in a proceeding under the Securities Investor Protection Act and affiliates that are subject to foreign proceedings.
New York, NYThe debtors are world leaders in the global relocation industry, providing relocation and moving services. SIRVA's well-known subsidiaries include North American Van Lines, Allied Van Lines, Allied Picksford and others. In these cases pending in the Southern District of New York, involving more than 60 debtors, the firm represented the creditors' committee and assisted it in slowing down the debtors' and secured lenders' attempt to quickly steamroll a prepackaged plan to confirmation, extensively litigating various confirmation and other issues, and ultimately forcing the debtors and lenders to settle on the terms of a reorganization plan.
New York, NYThis art gallery filed its chapter 11 case after numerous fraud allegations were made against the company and its manager. Prior to its bankruptcy, the gallery was one of the largest art galleries in New York City. As counsel to the creditors' committee, the firm negotiated a settlement whereby the committee had standing to investigate and prosecute substantially all claims on behalf of the estate. The firm also negotiated a claims-resolution process to address ownership issues related to artwork in the company’s possession. A plan was confirmed in 2010.
Rochester, NYIn this chapter 11 case of one of the largest wholesale beef, poultry, and seafood suppliers in the Northeast, the firm represented the creditors' committee, comprised of meat suppliers, a union, and a trucking company.
Mortgage Lenders Network USA
Middletown, CTThe firm represents Mortgage Lenders Network USA, a Connecticut-based subprime mortgage loan originator and servicer in its chapter 11 cases filed in Delaware. Prior to its chapter 11 filing, MLN originated approximately $18 billion of subprime mortgage loans annually, and serviced approximately $17 billion of such loans.
New York, NYG+G was a national retailer specializing in young women’s and girls’ clothing and apparel. G+G had stores and outlets in 48 states, Puerto Rico, and the Virgin Islands, and a distribution center in New Jersey. During the restructuring, the firm obtained court approval for a sale of substantially all of the company's assets as a going concern and approval of a plan approximately 11 months after the petition date. Creditor recoveries were in the range of 50% on the dollar, which is an outstanding result considering the company was on the verge of administrative insolvency when it filed.
New York, NYTwo members of the firm advised certain substantial holders of debt issued by Calpine and a member of the firm acted as appellate cocounsel for certain holders of Calpine's 6% convertible notes.
Coram Capital LLC
New York, NYThe firm represented the creditors’ committee appointed in the chapter 11 cases of Coram Capital and its affiliate, Berry Hill Galleries, a prominent Manhattan art gallery, which filed in the Southern District of New York. Through the committee’s proactive efforts, the case resulted in a confirmed plan of reorganization that paid all creditors’ claims in full.
Elite Model Management
New York, NYThe firm represented Elite World S.A., the worldwide modeling agency and equity owner of Elite Model Management, Inc., which filed for chapter 11 relief in the Southern District of New York after suffering a major judgment from a former employee and being embroiled as a defendant in class-action litigation on behalf of models against Elite and other major modeling agencies. The debtor’s assets were sold and litigation claims against Elite World S.A. were resolved under a plan of liquidation.
General Media Inc.
New York, NYThe firm represented the renowned publisher of Penthouse Magazine, now known as Penthouse Media Group, in its chapter 11 case. Penthouse Media is also engaged in internet, entertainment, and trademark licensing businesses. Turnarounds & Workouts listed this case as one of the most successful restructurings of 2004. Under the plan, unsecured creditors received cash and notes representing full payment of their claims.
Michael G. Tyson ("Iron Mike")
New York, NYThe firm represents former heavyweight boxing champion Mike Tyson and his corporation Mike Tyson Enterprises, Inc. in chapter 11 cases in the Southern District of New York. During the case, the firm negotiated global settlements of litigation with Don King and Don King Productions and numerous other creditors and parties in interest, and negotiated and filed a joint plan of reorganization with the creditors' committee.
East Rutherford, NJThe firm represented Superior TeleCom, a supplier of communications wire and cable products to telephone companies, in its chapter 11 case.
Norwalk, CTThe firm was cocounsel to this boiler manufacturer in a case involving asbestos issues, with respect to which a section 524(g) injunction was obtained on behalf of the liquidating trust.
Country Home Bakers
Shelton, CTThe firm represented the creditors' committee in the Country Home Bakers case in Connecticut bankruptcy court. Country Home Bakers manufactured cookies, cakes, and bread-related products. A liquidating plan was confirmed in June 2004 and creditors are expected to receive more than a 40% distribution on account of their claims.
New York, NYAs counsel to the debtor, an online employment clearinghouse for high-technology employees, we confirmed a pre-planned chapter 11 case in under four months. The case was cited among the top ten restructurings of the year by Turnarounds and Workouts.
DeWitt, NYThe firm served as counsel to the creditors' committee of unsecured creditors of Agway, Inc., one of the largest agricultural cooperatives in the United States. For many years, Agway marketed and sold to its grower members so-called “money market certificates” that were in fact subordinated debentures that Agway did not have the ability to repay. Agway permitted early purchasers of these instruments to redeem them, using the proceeds of subsequent sales of the same instruments until the financial house of cards collapsed. As counsel to the committee, the firm pursued claims against the officers and directors and outside auditors, and worked with the debtor’s crisis management team on asset liquidations that eventually yielded in excess of 65 cents on the dollar to the certificate holders.
Hauppauge, NYThe firm represented the debtors, one of the nation's largest manufacturers of tissue paper, in their chapter 11 cases in Delaware. The firm negotiated and obtained court approval of the sale of the debtors' numerous manufacturing facilities and other assets.
Loews Cineplex Entertainment
New York, NYThe firm represented the creditors’ committee of Loews in cross-border bankruptcy proceedings of Loews and its Canadian subsidiaries. Loews was at that time the second largest movie theater chain in the world, with over 3,500 screens and revenues exceeding $1 billion. The firm was also involved in the Canadian CCAA proceedings on behalf of the creditors’ committee, and ultimately negotiated a plan that provided for a meaningful distribution to general unsecured creditors.
Fairport, NYA member of the firm represented holders of $275 million of debt in the Owens Corning chapter 11 case, the world's largest manufacturer of fiberglass and related products.
East Orange General Hospital
East Orange, NJThe firm was counsel to the purchaser of East Orange General Hospital in its chapter 11 bankruptcy case pending in the District of New Jersey in an acquisition estimated to be valued at $100 million+. This not-for-profit hospital with 211 patient beds is the only independent, fully accredited, acute-care hospital in Essex County, New Jersey. As a result of a successful bid and sale closing, over 800 employee jobs were saved, and service remained uninterrupted to the hundreds of patients.
Essar Steel Algoma Inc.
Sault Ste. Marie, ONThe firm is U.S. counsel to the Canadian monitor appointed in the CCAA proceeding of Essar Steel Algoma Inc., a Canadian steelmaker that sought protection in the both the Canadian and U.S. courts amid an extended contract dispute with ore supplier Cliffs Natural Resources Inc., in connection with the related chapter 15 case filed in Delaware. With debt of more than $1 billion, Essar has struggled with falling prices of steel and supply uncertainty due to the dispute with Cliffs.
Philadelphia, PAThe firm represents Deb Stores Holding LLC and its affiliates in connection with their chapter 11 bankruptcy cases. Deb Stores is a mall-based retailer in the juniors "fast-fashion" specialty sector. At the time of filing, Deb Stores had 300 stores around the country, and over $120 million in liabilities.
Ashley Stewart Holdings
Secaucus, NJThe firm represents the creditors’ committee in the chapter 11 cases of Ashley Stewart Holdings, a women’s plus-size clothing retailer. Ashley Stewart was originally headed to liquidation, but the committee preferred to see the company continue. By developing a creative strategy, the firm was able to broker a global transaction among the debtors, the debtors’ secured creditors, the committee, and others to maintain the company as a going concern.
Fresh & Easy Neighborhood Market
Wilmington, DEThe firm represents the creditors' committee of this west-coast based grocery chain that operated 167 Fresh & Easy store locations. The debtors offered basic grocery items and prepared “to go” food items, including many private-label Fresh & Easy branded products. On behalf of the committee, the firm was actively involved in the sale of substantially all of the company’s assets to Yucaipa in a transaction valued at more than $130 million and the disposition of other key assets to third-party purchasers. The firm successfully negotiated a plan that paid general unsecured creditors in full.
Strauss Discount Auto
South River, NJThe firm represents the official committee of unsecured creditors appointed in the chapter 11 case of Strauss Discount Auto, a regional retailer of automotive parts and accessories and operator of automotive service centers with approximately 46 locations of the petition date, pending in the United States, Bankruptcy Court for the District of New Jersey, Newark Division.
Bordentown, NJThe firm represents Prince Sports and their affiliates in their chapter 11 cases filed in Delaware. Prince Sports operates a premier branded sporting goods company that develops, sources, and markets racquet sports equipment, footwear, apparel, and accessories for tennis and indoor court sports, including squash and racquetball. Prince Sports enjoys leading market shares across a number of these categories worldwide. The debtor also licenses the Prince trademark in certain countries for apparel, footwear, and accessories, and also licenses its proprietary technology patents for application in nonracquet sports categories.
King of Prussia, PAThe firm represents as cocounsel AFA Investment and related affiliates in their chapter 11 bankruptcy case in Delaware. AFA processes case-ready ground beef and individually quick frozen hamburger patties to customers across the retail and foodservice market nationally. The firm aided in effectuating several sales of the company’s assets, including its five beef processing facilities.
Hellas Telecommunications (Luxembourg) V
London, UKThe firm represents a working group of senior secured noteholders of Hellas Telecommunications V as Delaware counsel. Hellas, a business entity organized in Luxembourg, exists solely to manage the debt of Wind Hellas, a fully integrated telecommunications operator in Greece. The Delaware bankruptcy court entered an order recognizing the foreign proceeding and granting full force and effect to a Scheme of Arrangement that had been presented to the U.K. court.
Mega Brands, Inc.
St. Laurent, QuebecThe firm represents the jointly administered chapter 15 debtors of Mega Brands Inc. as Delaware counsel. Mega Brands, a Canadian corporation headquartered in Montréal, is the parent corporation of a global enterprise with a family of leading brands in construction toys, games, puzzles, arts, crafts, and stationery. Mega Brands and certain other subsidiaries and affiliates commenced a proceeding in Canada to implement a balance-sheet restructuring of its funded debt obligations and to reposition the Company for a return to profitability. To protect the Company from actions in the U.S., and to ensure recognition and enforcement in the U.S. of various orders entered by Canadian court in connection with the restructuring, Mega Brands filed the chapter 15 cases in the US, and the bankruptcy court entered an order recognizing the foreign proceeding and enforcing the orders entered by the Canadian court in the Mega Brands cases.
Tubo de Pasteje SA/Cambridge-Lee Holdings
Reading, PAThe firm was cocounsel to Tubo de Pasteje SA de CV and Cambridge-Lee Holdings, units of Industrias Unidas, S.A. de C.V. (the “IUSA Group”), one of Mexico’s largest diversified industrial groups. IUSA Group manufactures copper-based and electrical products for the housing and electrical power sectors in the United States, Mexico, Europe, and Latin America. The cases were commenced to secure the debtors’ assets while a larger out-of-court restructuring with the senior noteholders of the IUSA Group was effectuated. The confirmed plans produced 100% recoveries for all constituencies and left equity unimpaired. This case won a 2012 Turnaround Atlas Award from Global M&A Network for "Turnaround of the Year: Middle Markets."
Catholic Diocese of Wilmington
Wilmington, DEThe firm represented the creditors' committee in the chapter 11 case of the Roman Catholic Diocese of Wilmington. The diocese serves the state of Delaware and the Maryland Eastern Shore. The case involved approximately 150 sexual abuse claims against the diocese and its parishes. From the outset of the case, the diocese contended that in excess of $100 million held in a pooled investment account was held in trust for its parishes and other affiliated entities or otherwise restricted by donors and therefore was not property of the bankruptcy estate and thus not available to satisfy the claims of the survivors of sex abuse. The firm obtained a judgment from the bankruptcy court that the entire amount in the pooled investment account was property of the estate and therefore must be available to satisfy the claims of the victims. This judgment led to global settlement between the diocese and the sex abuse survivors in which a fund of over $77,000,000 was created to be distributed to the survivors. The firm was instrumental in negotiating and drafting the plan of reorganization and far reaching and unprecedented nonmonetary provisions that became part of the plan. The plan, which was confirmed in 2011, did not release religious orders that had been sued by the survivors and additional amounts were contributed to the $77,000,000 settlement fund after the plan was confirmed.
Wilmington, DEThe firm serves as cocounsel to the creditors' committee of Magna Entertainment and its related debtor affiliates. The case involved the restructuring and sale of horseracing tracks and related businesses. The committee also initiated litigation against certain of the debtor affiliates, which was resolved favorably for creditors and resulted in a significant enhancement of the estate.
Incentra Solutions (Managed Storage International)
Metuchen, NJThe firm represented the chapter 11 debtor in this case of a value-added reseller of data storage systems with annual sales prebankruptcy of $218 million, and facilitated a sale of its assets as a going concern.
Huntingdon Valley, PAThe firm represented the creditors' committee in this chapter 11 case in Wilmington, Delaware. The debtors were in the business of developing and commercializing diagnostic and research products for cell analysis and molecular research. The firm’s representation led to the sale of substantially all of the debtors’ assets and a plan a liquidation that paid 100% to unsecured creditors and a dividend to equity holders. Following confirmation of the plan, the firm represented the liquidating trustee administering the debtors’ estate.
Jevic Holding Corp
Delanco, NJThe firm is representing the creditors’ committee of this less-than-full truckload company in its liquidating chapter 11 case, and is playing a pivotal role in ensuring that the debtors’ assets are liquidated effectively and for maximum returns, while investigating potential claims against the debtor's secured lenders and insiders.
Linens 'N Things
Clifton, NJThe firm served as counsel to the ad hoc committee of holders of senior secured floating rate notes issued by Linens ‘n Things and Linens ‘n Things Center together with its affiliates, in the chapter 11 case of North America’s second largest specialty retailer of home textiles, housewares, and decorative home accessories.
Latrobe, PAThe firm represented the chapter 11 trustee in the Pittsburgh bankruptcy of this bottling company, which allegedly defrauded investors and lenders of $806 million. The firm hired forensic accountants to reconstruct the company’s books and records after it was discovered that the company maintained two sets of financial records and destroyed numerous other documents. All hard assets were sold and a plan was confirmed that will allow for a liquidation trustee to pursue claims for the benefit of creditors.
Breuner's Home Furnishings
Lancaster, PAThe firm represented Bruener’s Home Furnishings in its chapter 11 bankruptcy cases. Breuner’s was a furniture company that operated for 148 years; its stores served California and Nevada before expanding to the east coast in the late 20th century. After the company declared bankruptcy, the firm oversaw the sale of its assets and closure of its retail stores. Breuner’s now operates solely through the internet.
Doylestown, PAThe firm served as counsel to the examiner appointed in this chapter 11 case in Delaware bankruptcy court. The debtors in DVI were specialty finance companies that extended loans and financing. Prior to bankruptcy, the DVI group issued billions of dollars worth of such asset-based securities. With the assistance and counsel of the firm, the examiner conducted a comprehensive investigation into the debtors’ business and accounting practices; allegations of fraud, mismanagement, and misconduct by the debtors’ management; and potential claims against former and/or current directors and officers. This investigation spanned several months. It entailed the review and analysis of complex issues and a voluminous evidentiary record, as well as coordination and cooperation with various governmental agencies, including the U.S. Attorneys’ Office and the Securities and Exchange Commission, culminating in the preparation and submission of a comprehensive examiner’s report, detailing an assortment of improper or suspect activities.
Lancaster, PAThe firm represented ACandS, an insulation construction company facing mass tort liability from its asbestos abatement work. During the case, ACandS settled with its primary insurer for $449 million. The district court affirmed ACandS's chapter 11 plan and Bankruptcy Code section 524(g) injunction in 2008.
Coudersport, PAThe firm represented a swing constituency that held billions in bond debt and sat on a key ad hoc creditors' committee. We played an integral role in the settlement that was the catalyst for confirmation of a chapter 11 plan, and participated actively in the development and crafting of the approved plan. Before joining us, a member of the firm also acted as special conflicts counsel to a group of bondholders of Adelphia as well as representing one of the bondholders directly.
Exide Technologies 2002
Reading, PAThe firm was cocounsel to Exide, one of the largest manufactures of lead acid batteries in the world, whose plan was confirmed in 2004.
Warrendale, PAAs counsel to the creditors' committee, we uncovered litigation claims conveyed to a liquidating trust. Upon confirmation, the proceeds of the trust, together with a cash distribution from the reorganized debtor, yielded a 25 percent recovery for a position considered to be "under water" from the outset, as evidenced by the secured lenders recovering nothing on their large deficiency claim. The firm was awarded a bonus for the extraordinary result achieved.
Delaware Bankruptcy Court, BurhamThe firm represented Freedom Forge and certain related affiliates in their chapter 11 bankruptcy case in Delaware. Freedom Forge was a producer of railway wheels and other steel products in Pennsylvania. The firm formulated a bankruptcy plan that provided for the sale of substantially all of Freedom Forge’s assets that made it possible for the manufacturer to stay in business.
Carteret, NJThe firm represented the debtors in their Chapter 11 case in Wilmington, Delaware. The debtors and their affiliates owned and operated a chain of supermarkets with more than 125 stores scattered among several east-coast states. The representation resulted in a confirmed plan of reorganization that consensually restructured certain bondholder claims and the payment in full of all allowed general unsecured claims.
Genesis Health Ventures
Kennett Square, PAThe firm as cocounsel represented the official creditors’ committee of Genesis Health Ventures and its affiliates in their chapter 11 bankruptcy case. Genesis Health Ventures operated skilled nursing and assisted-living centers in 17 states.
Malvern, PAThe firm was chapter 11 co-counsel to Inacom, once the nation's largest corporate computer reseller. The company's distribution and configuration centers were sold for $370m to Compaq as a going concern, preserving thousands of jobs.
Richardson, TXThe firm represented Safety-Kleen and certain related affiliates in their chapter 11 bankruptcy case. Safety-Klean is a leading parts clearn and industrial waste mangagment company based in Texas. Through the firm’s efforts, the company was able to successful restructure and confirm a chapter 11 plan that provided secured creditors with equity in the reorganized company and provided unsecured creditors with interests in a beneficial trust.
USA Discounters Holding Company
Norfolk, VAThe firm is co-counsel to the debtors in the chapter 11 cases of USA Discounters Ltd. and certain of its affiliates. USA Discounters is a retailer of furniture, appliances, electronics, bedding, jewelry, and other products through two separate brands: USA Living and Fletcher’s Jewelers. In early 2015, USA Discounters commenced an internally administered wind down of its receivables, inventory, and other assets. As of its August 24, 2015 bankruptcy filing, USA Discounters had completed the sales process and closed its USA Living stores but had not completed the sales process in its five remaining Fletcher’s Jewelers stores. USA Discounters intends to utilize the bankruptcy process to facilitate an orderly disposition of its remaining assets followed by a structured and judicially supervised distribution of the resulting proceeds among its respective stakeholders.
Maidsville, WVThe firm represented the steering committee of secured lenders in the chapter 11 cases of Longview Power and its affiliated debtors in the United States Bankruptcy Court for the District of Delaware. Longview, an operator of electricity generating power plants, initially filed for chapter 11 bankruptcy protection because of a looming interest payment and to protect $59 million in letters of credit. After extensive negotiations among multiple parties with interests in the company, Longview confirmed a plan of reorganization that, among on other terms, paid the secured lenders in full and provided unsecured creditors with a distribution in excess of 22 percent.
Dex One Corporation
Cary, NCThe firm as co-counsel represented Dex One Corporation, a leading provider of yellow-page and digital directories and marketing services, in its prepackaged chapter 11 merger of equals with SuperMedia Inc. Dex One and SuperMedia, both publicly traded companies, filed separate but parallel prepackaged chapter 11 cases to consummate a stock-for-stock merger, amend or reinstate over $3.3 billion of debt obligations of the two companies, and maintain shareholder equity value in the combined enterprise. General unsecured claims received full payment under each of the plans.
AMF Bowling Worldwide
Mechanicsville, VAThe firm represents the creditors’ committee in the chapter 11 cases of AMF Bowling Worldwide and affiliates pending in the United States Bankruptcy Court for the Eastern District of Virginia. AMF is the largest operator of bowling centers in the world, offering a combination of bowling, food and beverage offerings, and amusement games at its 262 bowling centers in the United States and eight bowling centers in Mexico.
Contract Research Solutions
Cary, NCThe firm represented the creditors’ committee of Contract Research Solutions and related affiliates, also known as Cetero, in their chapter 11 bankruptcy case in Delaware. Cetero provides contract pharmacological and bioanalytical testing for name-brand pharmaceutical and generic drug companies through several laboratories across the United States and Canada. The firm played a leading role in negotiating a chapter 11 plan that created a liquidating trust for the benefit of unsecured creditors.
Frank Parsons Inc.
Hanover, MDThe firm represented the creditors' committee in this chapter 11 case in Baltimore, Maryland. The debtor was one of the largest fine-paper and business-products distributors in the Baltimore area. The firm’s representation of the committee led to a joint plan of liquidation that maximized value for all creditors, and the firm represented the liquidating trust following the plan’s effective date.
Silver Spring, MDThe firm represented the creditors’ committee appointed in the case of KH Funding and affiliates filed in the Bankruptcy Court for the District of Maryland. KH Funding operated as an SEC-registered issuer of fixed income securities and a mortgage bank throughout the United States. Creditors’ recoveries will be made pursuant to a joint plan of liquidation co-proposed by the debtors and the committee.
Roanoke, VAThe firm represented Luna Innovations in its chapter 11 case filed in Western District of Virginia. The developer of molecular and sensing technologies filed the bankruptcy case under the weight of a $36 million California state court verdict in favor of Hansen Medical Inc. The California state court jury found that Luna had misappropriated trade secrets after Luna and Hansen began exploring whether Luna's fiber-optic technologies could be adapted for Hansen's robotic catheter applications. Under a deal reached during the chapter 11 case, Luna agreed to pay Hansen $5 million in the form of a secured promissory note payable over four years, provided Hansen a license to Luna's sensing technology and granted Hansen shares of Luna common stock equal to 9.9 percent of the total outstanding shares, among other terms. On January 12, 2010, Luna confirmed a plan of reorganization which incorporated its settlement with Hansen, provided 100 percent recovery for creditors and allowed existing shareholders to keep their shares.
Qimonda Richmond LLC
Sandston, VAThe firm was special counsel to Qimonda Richmond in its chapter 11 bankruptcy case in the U.S. Bankruptcy Court for the District of Delaware. The firm represented Qimonda in connection with its objection to over $290 million of claims asserted by lenders arising out of a complex, multi-party leveraged lease transaction. The claims asserted by the lenders included a makewhole claim. Following a summary judgment ruling in favor of Qimonda on various related issues spearheaded by the firm, a mediation, and months of negotiations, the firm was instrumental in concluding a settlement of the litigation that resulted in a substantially reduced allowed claim.
S & K Famous Brands
Glen Allen, VAThe firm represented the committee in this chapter 11 case pending in Virginia. S & K Famous Brands was a publicly held Virginia corporation engaged in the sale of men’s retail apparel. At the time of its bankruptcy filing, S & K Famous Brands had over 200 stores in the southeast.
Circuit City Stores
Richmond, VAThe firm represents the creditors’ committee in chapter 11 cases of Circuit City Stores, a consumer electronics retailer with more than 600 locations in the United States. At the time of the bankruptcy filing, the company owed its secured lender almost $800 million, and also owed its trade vendors approximately $650 million. There was also significant involvement in a related Canadian liquidating proceeding, because Circuit City had a 500+ store chain in Canada that was sold as a going concern to Bell Canada.
WorldSpace Satellite Company
Silver Spring, MDThe firm as cocounsel represented WorldSpace, Inc. and certain related affiliates in their chapter 11 bankruptcy case in Delaware.WorldSpace worked on developing satellite radio technology and infrastructure now used by XM Radio and provided satellite radio service in more than 130 countries throughout Africa, the Middle East, Europe and Asia. The firm played an important role in in effectuating the sale of substantially all of the company’s assets.
Hospital Partners of America
Charlotte, NCThe firm is cocounsel to Hospital Partners of America, Inc. ("HPA"), which managed hospitals nationwide that are co-owned with physician investors.
Dulles, VAThe firm represents Maxjet in its chapter 11 case. Maxjet provided luxury intercontinental service between the US and London.
Columbus, GAThe firm represented the creditors' committee of Tom's Foods, Inc. The debtor was a leading regional snack food manufacturer with a strong presence in the Southeast and Southwest, with manufacturing operations in California, Florida, Georgia, Tennessee, and Texas. The debtor manufactured over 250 snack-food products and had a distribution network servicing 43 states through more than 2,000 sales routes. The committee negotiated with the debtor regarding a sale of its assets, which were acquired by a competitor thereby allowing many vendors to continue their sales relationships.
Roanoke, VARBX and its subsidiaries are the leading domestic manufacturers of rubber foam, plastic foam, and other polymer products, with annual sales of approximately $250 million. The cases were commenced when an involuntary petition was filed by the holders of $100 million in subordinated notes. Less than sixty days later, the firm filed a plan of reorganization, which was ultimately confirmed.
Cable & Wireless USA
Reston, VAWe served as cocounsel to Cable & Wireless USA, Inc. and its affiliates in their chapter 11 bankruptcy cases. As of the bankruptcy filing, C&W was the second largest hosting services provider in the U.S. and one of the largest carriers of internet traffic, focusing on blue chip Fortune 1000 companies. The confirmation of C&W's plan by the Delaware bankruptcy court resolved in excess of $6.8 billion in claims.
Centennial Healthcare Corporation
Atlanta, GAThe firm served as counsel to the plan co-proponent and potential purchaser in this chapter 11 in Atlanta, Georgia.
Alexandria, VAThe firm as cocounsel represented Metrocall and certain affiliates in their chapter 11 bankruptcy case in Delaware. Metrocall was the second-largest U.S. paging-services provider.
Durham, NCThe firm represented the creditors' committee in the Convenience USA chapter 11 case. Convenience USA operated 253 convenience stores in four states.
W.R. Grace & Company
Columbia, MDThe firm serves as cocounsel to W.R. Grace & Company and 61 of its subsidiaries in their chapter 11 cases. The debtors are engaged in specialty chemicals and materials businesses operating on a global basis with annual revenue of $3.3 billion. The debtors are using the bankruptcy process to address their significant asbestos-related liabilities.
Lynchburg, VAThe firm represented Crown-Simplimatic and its affiliated debtors, manufacturers of container and material handling equipment for the beverage, food, and electronics industries, in their chapter 11 cases. The case resulted in the debtors’ sale of their businesses as going concerns and other asset sales, followed by confirmation of a plan and the creation of a litigation trust.
Integrated Health Services
Sparks Glencoe, MDThe firm represented a healthcare REIT in this Delaware bankruptcy of a major nursing-home chain.
Rita Restaurant Corp.
Dallas, TXThe firm is counsel to the official committee of unsecured creditors appointed in the chapter 11 case of Rita Restaurant Corporation, which operates 16 Don Pablo’s and one Hops Grill and Brewery in 10 states. The company filed for chapter 11 protection in the United States Bankruptcy Court in San Antonio in October 2016. After an investigation into an insider secured claim, the firm, on behalf of the committee, negotiated a consensual plan of reorganization that will provide a meaningful distribution to unsecured creditors.
Last Call Guarantor LLC (Fox & Hound, Bailey's Sports Grille, Champps)
Dallas, TXThe firm represents the creditors’ committee in the chapter 11 case of Last Call Guarantor, LLC, known as Fox & Hound and Champps. The firm previously represented the creditors’ committee in the company's first filing in December 2013, wherein, notwithstanding that the secured creditors were not paid in full, the firm obtained a recovery for general unsecured creditors while also making sure that no unsecured creditors were sued for a preference. After purchasing the assets in the first bankruptcy case, the debtors’ turnaround efforts were not successful. In the 2016 case, the debtors moved quickly for a sale, which ended with a successful opening bidder; administrative expense claims, including 503(b)(9) claims and stub-rent claims, will be paid pursuant to the sale. The payment of those claims, along with the burial of preference actions, is critical to the recovery of unsecured creditors.
International Shipholding Corporation
New Orleans, LAThe firm served as counsel to the creditors’ committee in the chapter 11 bankruptcy of International Shipholding Corporation, which operates a diversified fleet of vessels that provide maritime transport service to commercial and governmental customers. The company filed for chapter 11 protection in the United States Bankruptcy Court for the Southern District of New York in August 2016.
Magnum Hunter Resources Corporation
Irving, TXThe firm is debtor’s co-counsel to Magnum Hunter Resources Corporation (and its affiliates), a publicly traded oil-and-gas exploration and production company. Based in Texas, the company entered chapter 11 bankruptcy with a negotiated restructuring support agreement providing for deequitization of its debt. The debtor is one of the many energy companies facing challenges associated with plummeting gas and oil prices. The company is well on track to restructure its $1.1 billion in debt, with a plan confirmation hearing scheduled in April 2016.
Dallas, TXThe firm is counsel to Outdoor Direct Corporation f/k/a The Brinkmann Corporation and its affiliates, including National Consumer Outdoors Corporation f/k/a Dallas Manufacturing Company, in their chapter 11 bankruptcy cases pending in Delaware. Prior to filing bankruptcy, the companies were international manufacturers and suppliers of pet-bed products, outdoor lighting products, and barbeque grills. Based in Dallas, the companies entered chapter 11 bankruptcy with plans to sell their pet-bed business as a going concern and liquidate their remaining assets after the relationship with their principal customer and retail outlet was terminated. The bankruptcy court approved the sale of the companies' pet-bed business approximately one month after entering for $61 million—an approximate 65% increase in the stalking horse bid.
Houston, TXThe firm is counsel to the creditors' committee in the ERG Resources chapter 11 case pending in Houston. ERG produces crude oil and natural gas in the Cat Canyon Oil Field in Santa Barbara County. ERG filed for bankruptcy for the stated intention of selling substantially all of their assets. The committee objected to the sale motion and came to an agreement with the debtor that favorably altered the bid procedures. Separately, the committee also negotiated a favorable settlement with the secured lender that resulted in, among other things, a claim deficiency waiver and the transfer of certain assets to a litigation trust to be established for the benefit of unsecured creditors. The settlement is subject to court approval.
Pasadena, TXThe firm represents Khosla Ventures in connection with the chapter 11 case of KiOR, Inc. in Delaware. KiOR is a next-generation renewable fuels company that has developed a proprietary technology platform to convert biomass into renewable crude oil that is processed into gasoline, diesel and fuel oil blendstocks.
Houston, TXThe firm serves as bankruptcy cocounsel in the representation of GSE Environmental, the leading global manufacturer and marketer of geosynthetic lining solutions, in its prearranged chapter 11 cases. Prior to filing, GSE reached agreement with its secured lenders on a financial restructuring plan that would equitize approximately $170 million in funded debt and provide additional capital for GSE on a going forward basis. GSE’s plan, which was confirmed less than 3 months after GSE filed its chapter 11 cases, provided payment in full for the company’s trade vendors that agreed to return to market trade terms and provided a meaningful recovery to its remaining unsecured creditors.
Energy Future Holdings
Dallas, TXThe firm represents the second lien debt holders of Energy Future Intermediate Holdings, a subsidiary of Energy Future Holdings formerly known as TXU, the Texas utility company in the 8th largest bankruptcy in history. The debtors were the subject of the largest LBO in history and under the weight of debt and natural gas prices, the company filed in Delaware.
Furr's/Buffet Partners LP
Plano, TXThe firm was counsel to the creditors' committee of this owner and operator of 29 restaurants under the banner Furr’s and Furr’s Fresh Buffet in the Southwest. In addition, the company’s Dynamic Foods division, located in Lubbock, Texas, processes, warehouses, and distributes food and supplies both to Furr’s restaurants and third-party customers. The company has approximately 2300 employees and $100 million of revenue on an annual basis.
Houston, TXThe firm as co-counsel represented Maxcom Telecomunicaciones, S.A.B. de C.V., a Mexican telecommunications provider, in its prepackaged chapter 11 cases filed in the U.S. Bankruptcy Court for the District of Delaware. Under the prepackaged chapter 11 plan, Maxcom, private equity firm Ventura Capital Privado, S.A. de C.V., an ad hoc group holding an aggregate amount of approximately $86 million of certain notes, and certain of its prepetition equity holders reached agreements on the terms of restructuring support and recapitalization agreements. Ventura agreed to make a $45 million capital contribution and conduct a tender offer pursuant to U.S. and Mexican securities law to acquire up to 100 percent of the issued and outstanding shares of Maxcom. General unsecured claims received full payment under the plan. The bankruptcy court confirmed the plan in September 2013, allowing the company to exit bankruptcy in October 2013.
NE Opco, Inc. (2013)
Frisco, TXThe firm represented the committee in this administratively insolvent case that appeared to be headed towards liquidation. The firm started to negotiate with the debtor, which produces custom envelopes, and its direct competitor on the terms of a potential sale that would ensure the unsecured creditors would not be sued for a preference, guarantee a recovery to unsecured creditors, and preserve hundreds of jobs.
Houston, TXThe firm represented Highway Technologies in its chapter 11 case, which was one of the largest traffic safety companies in the United States and a national leader in providing temporary and permanent roadway traffic management and safety services, including pavement marking installations, permanent installations of highway guardrails, barrier walls and signage, and traffic control services for special events. The firm negotiated the terms for sale of its various operating branches and other assets.
Plano, TXThe firm serves as counsel to the creditors' committee in the bankruptcy case of LifeCare Holdings, which, along with its wholly owned direct and indirect subsidiaries and certain affiliates, filed for chapter 11 bankruptcy protection in Delaware. Plano, Texas-based LifeCare operates twenty-seven long-term acute care hospitals in ten states. LCI Holdco LLC, parent company of LifeCare, will be acquired by Hospital Acquisition LLC, which is owned by LifeCare’s senior secured lenders.
Dallas, TXThe firm serves as counsel to the official committee of unsecured creditors appointed in the Reddy Ice Corporation chapter 11 case pending in Dallas, Texas. Reddy Ice is the largest manufacturer and distributor of packaged ice in the US, with reported assets of $434 million of and $530 million of liabilities, approximately 1,500 employees, and operations in 34 states and the District of Columbia. 2013 M&A Advisor Turnarounds Awards: winner, consumer and retail products over $250m; finalist, restructuring deal of the year over $500m; finalist, retail manufacturing/distribution.
Dallas, TXThe firm is counsel to the official committee of unsecured creditors of Coach America. Coach America is the largest tour and charter bus service operator and the second largest motorcoach service in the country. The debtors own over 3,000 vehicles and employ 6,000 people. 2013 M&A Advisor Turnaround Awards: winner, restructuring deal of the year, $100m-$500m; winner, industrial goods and basic resources over $50m; finalist, distressed M&A deal of the year over $100m: finalist, consumer services.
Souper Salad/Grandy's: SSI Group Holding Corp.
Addison, TXThe firm was counsel to the creditors' committee in the 2011 filing of SSI Holding Corp., which owned and operated Souper Salad and Grandy's. At the time of the bankruptcy filing, the debtors owned and operated 118 restaurants throughout the United States. The firm, on behalf of the committee, negotiated for a set amount of proceeds to be distributed to general unsecured creditors under a trust controlled by a trustee appointed by the committee in a case where the secured lenders were undersecured. The firm is concurrently counsel to the liquidating trust.
Premier Trailer Leasing
Grapevine, TXThe firm negotiated and successfully obtained confirmation of a prepackaged plan of reorganization for this trailer-leasing company. After a contested confirmation hearing involving a three-day valuation trial, the company emerged with a deleveraged balance sheet, the benefit of exit financing, and is operating as a going concern.
Palm Harbor Homes
Addison, TXThe firm served as counsel to the creditors’ committee of Palm Harbor Homes and related affiliates in their chapter 11 bankruptcy case in Delaware. Palm Harbor made factory-built homes and provided related financing and insurance. The company sold substantially all of its assets through the bankruptcy. Through the firm’s efforts, the committee negotiated and helped craft a liquidating plan with a liquidating trust that allows holders of general unsecured claims to recover approximately 16.7 percent and 21 percent of what they are owed.
San Antonio, TXThe firm represented the official creditors’ committee of Emivest Aerospace in its chapter 11 bankruptcy case in Delaware. Emivest (formerly known as Sino Swearingen Aircraft) was a U.S.-based aircraft manufacturing company that produced business jets, including the SJ30, the world’s fastest, highest flying, and longest range light business jet.
Dallas, TXThe firm represented the ad hoc committee of motion picture studios in this case. The committee was comprised of the major motion picture studios that supply Blockbuster with over 80% of their inventory.
Trico Marine Services
The Woodlands, TXThe firm as cocounsel represented the creditors’ committee of Trico Marine Services and related affiliates in their chapter 11 bankruptcy case in Delaware. Trico Marine is a provider of subsea, trenching, and marine support vessels and services primarily to oil and natural gas exploration and production companies. The firm played a pivotal role in negotiating a liquidating plan that provides for a pro rata sharing by unsecured creditors of certain asset sale proceeds, revenues from the liquidating businesses, and recoveries from avoidance actions and other causes of action.
NEC Holdings/National Envelope Corporation
Frisco, TXThe firm represented the creditors’ committee appointed in the chapter 11 cases of National Envelope Corp. and affiliates in the Bankruptcy Court for the District of Delaware. National Envelope’s assets were sold to an affiliate of The Gores Group in excess of $200 million.
Houston, TXThe firm serves as cocounsel to the debtors in the chapter 11 cases of U.S. Concrete and 44 of its affiliates. The debtors are a major producer of ready-mixed concrete, precast concrete products, and concrete-related products, employing 2,100 people in over 140 locations. An agreement was reached that contemplates a significant deleveraging of the debtors’ balance sheet - including satisfaction in full of the existing secured facility and equitization of the outstanding bonds - and provides for a full recovery to unsecured trade creditors.
Dallas Logistics Hub (Allen Group)
Dallas, TXThe firm represents the official committee of unsecured creditors in this Texas bankruptcy case involving a 6,000 acre inland port twelve miles south of Dallas in the early development stage.
Plano, TXThe firm represented Metromedia Steakhouses Company (“MSC”), a Plano, Texas-based operator of a chain of "all you can eat" buffet restaurants under the Ponderosa and Bonanza brands that offer soups, salads, steak, chicken, and seafood. MSC filed for chapter 11 due to declining sales and, because MSC wasn't generating enough cash to meet its expenses, it had been relying on advances from nonbankrupt parent Metromedia, Inc. for months. Under the plan of reorganization, confirmed on September 30, 2009, parent Metromedia provided three loans to support the reorganized debtor: A $9.3 million loan that will replace MSC's prepetition term loan and revolver (bought by Metromedia before MSC's bankruptcy); a $5.84 million exit financing that would pay off the debtor-in-possession loan supplied by Metromedia; and a $4.68 million revolver described as a working capital line. Unsecured creditors were provided two options for recovery under the plan: payment from a litigation trust or equity in reorganized MSC.
Austin, TXThe firm represented NetEffect in its chapter 11 bankruptcy case in Delaware. NetEffect created, designed, developed, marketed, and sold a variety of high-speed communications solutions, including Ethernet adapters and related drivers, libraries, semiconductors, and software. The firm played a leading role in in effectuating the sale of substantially all of the company’s assets and formulating and confirming a chapter 11 plan of liquidation.
Ft. Worth, TXThe firm is cocounsel to Intermet, one of the foremost independent suppliers of automotive cast components in the United States with over 160 years of manufacturing history, in its chapter 11 bankruptcy cases pending in Delaware.
Keys Fitness and Keys Backyard
Garland, TXThe firm represented the committee in Keys Fitness, a designer and manufacturer of exercise and fitness equipment such as weightlifting equipment, treadmills, elliptical machines, and home gym weight machines, which sells its products through over 3,000 retailers, including Costco, Wal-Mart, Amazon.com, and Home Depot.
Aegis Mortgage Corporation
Houston, TXThe firm represents Aegis Mortgage Corporation, a Texas-based full-serviced mortgage company, and several of its related subsidiaries in their bankruptcy case pending in Delaware. Prior to the commencement of their chapter 11 cases, Aegis had lending operations in 49 states and offices in 24 states, generated approximately $800 million in monthly loan originations, and serviced approximately $3.6 billion in mortgage loans. Prior to the chapter 11 filing, Aegis originated wholesale Alt A and subprime loan as well as retail loans made directly to consumers.
ABB Lummus Global
Houston, TXThe firm served as cocounsel to ABB Holdings in the prepackaged chapter 11 cases of its subsidiaries, Combustion Engineering and ABB Lummus Global, which resolved the asbestos-related liabilities of certain subsidiaries of ABB Ltd. and included trusts valued at over $1.2 billion.
Easy Gardener Products
Waco, TXThe firm served as cocounsel to Easy Gardner Products and its affiliates in a chapter 11 liquidation. Easy Gardner was a leading manufacturer and marketer of a broad range of consumer law and garden products. The company’s assets were sold during the chapter 11 case and a liquidating plan was confirmed that resulted in material recoveries for unsecured creditors.
Houston, TXThe firm was chapter 11 counsel to Seitel, a leading provider of seismic data and related geophysical services to the oil and gas industry in North America.
Lewisville, TXThe firm was cocounsel to Fleming Distribution, one the larger distributors in the food service industry with $8 billion in annual revenue. The firm handled many aspects of the case, including the sale of one of the company's largest divisions. The company successfully reorganized.
New Orleans, LAThe firm acted as chapter 11 bankruptcy counsel to Whitehouse Hotel Limited Partnership, the indirect owner and developer of a hotel and retail complex located in New Orleans, Louisiana, consisting of a Ritz-Carlton Hotel, two adjacent boutique hotels, a Ritz Carlton Spa, and approximately 20,000 feet of retail space. The operation of the debtor’s hotels had been adversely affected by construction delays, cost overruns, and defective construction work, resulting in costly construction remediation and adverse claims with trade creditors including mechanics lien actions aggregating approximately $42 million. Through the chapter 11 process, settlements were reached with creditors and the firm confirmed a plan of reorganization that implemented an internal reorganization and debt restructuring, funded through a combination of partner capital investments, settlement contributions, distributions from operating subsidiaries, and proceeds of asset sales.
Houston, TXA member of the firm represented fund and fund managers in excess of $3 billion of senior unsecured debt in Enron's chapter 11 case, including in connection with plan-related disputes and in an appeal regarding the extent of the "senior indebtedness" that was entitled to the benefit of subordination provisions in four different subordinated indentures. Separately, but also in the Enron case, a member of the firm represented funds and fund managers holding claims in excess of $3.8 billion in filing an amicus brief.
AmeriServe Food Distribution
Dallas, TXAmeriServe was the largest food distribution company in the United States, with approximately $9 billion of annual revenues. In the chapter 11 case, all of AmeriServe's assets were sold, and a liquidating plan was confirmed.
Houston, TXWe successfully confirmed a plan in this chapter 11 case of the nation's second largest rice processor and distributor, with revenues exceeding $400 million and liabilities exceeding $200 million.
Sunbelt Nursery Group
Fort Worth, TXPublicly held Sunbelt and its affiliates operated sixty retail garden-supply centers across California, Texas and Arizona and had annual revenues of approximately $100 million. The company confirmed a liquidating chapter 11 plan within approximately nine months after filing.
Limited Stores Company
New Albany, OHThe firm is co-counsel to the creditors' committee in The Limited bankruptcy cases. Prior to ceasing retail operations and filing chapter 11, the debtors operated 240 stores in 42 stores under The Limited brand throughout the United States.
Lancaster, OHThe firm was counsel to cookware and tableware marketer EveryWare Global in its prepackaged chapter 11 reorganization plan to swap long-term debt for equity for senior lenders. EveryWare markets and distributes tabletop and food preparation products to both the consumer and food-service markets in Asia, Canada, Mexico and the United States with products that include tableware, premium spirits bottles, gadgets, and candle and floral glass containers.
Onstead, MIThe firm is counsel for the creditors' committee of Groeb Farms, which is the leading processor and package of honey for food manufacturers, food service companies, and retail customers. For the fiscal year ended December 31, 2012, the debtor had net sales from operations of $137.8 million.
Adair County Hospital District
Columbia, KYThe firm is counsel to the creditors' committee in the chapter 9 bankruptcy of Adair County Hospital District in the Western District of Kentucky. The district filed for bankruptcy protection as a result of its inability to pay its long-term debt and its disputes over the implementation and collection of a hospital district tax.
Southfield, MIThe firm was lead debtor's counsel to this Michigan-based manufacturer of precision machined components and assemblies, including dampers, engine components, knuckles, and driveline products for the automotive industry. Dayco Products LLC acquired Metavation.
Back Yard Burgers
Nashville, TNThe firm was counsel to the creditors’ committee of Back Yard Burgers. The debtors are a quick-service restaurant chain with 90 locations throughout the Southeast. The creditors’ committee was able to reach a deal for significantly improved treatment of unsecured creditor recoveries over the proposed starting position and was a coproponent of the plan of reorganization, which was confirmed. The improved plan resulted in a waiver of avoidance actions, including preference claims, for unsecured creditors as well as a projected distribution of 26%.
Miamisburg, OHThe firm represented the debtors in their chapter 11 case in Wilmington, Delaware. The debtors and their affiliates comprised the largest coated paper manufacturers in North America based on production capacity, with eight paper mills in six states. The firm’s representation resulted in a confirmed plan of reorganization that, as a result of a mediated settlement among multiple parties, preserved the business entities and the jobs of employees and supplied a significant return to creditors.
Troy, MIThe firm represented Champion Enterprises and certain of its affiliates in their chapter 11 cases. Champion is a leading manufacturer of modular homes. The firm successfully assisted the debtors in obtaining court approval of a sale of substantially all of their assets to a buyer formed by certain of prepetition and postpetition lenders.
Van Buren Township, MIThe firm served as bankruptcy cocounsel representing Visteon Corporation, a Fortune 500 global supplier of automotive systems, modules, and components to nearly every major vehicle manufacturer in the world, in its chapter 11 reorganization. At the time of filing, Visteon Corporation and its affiliates had a workforce of approximately 30,033 employees and a network of manufacturing sites, technical centers, sales offices, and joint ventures located in every major geographic region of the world. Located in 27 countries, Visteon reported $9.5 billion in revenue in 2008 with approximately 31,000 employees. Pursuant to its confirmed plan, Visteon reduced its funded debt by over $2 billion dollars.
Auburn Hills, MIThe firm was conflicts counsel to the official creditors’ committee appointed in the historic Chrysler chapter 11 case. The focus of the firm’s engagement was the investigation and development of avoidance claims arising from the prebankruptcy divestiture of Chrysler by Daimler AG.
Nashville, TNThe firm represents the ad hoc committee of bondholders in Nortel, an international telecommunications and electronics company with approximately $21 billion of assets. Its chapter 11 case is pending in Delaware with a related CCAA proceeding in Canada, European proceedings in the UK, and other related bankruptcy proceedings around the world. The US and the CCAA hearings are conducted simultaneously through video conferencing between the Delaware bankruptcy court and the Canadian High Court. The debtors are in the process of selling assets and completing other M&A deals.
DHP Holdings II (Desa)
Bowling Green, KYThe firm represented the debtors in their chapter 11 cases in Wilmington, Delaware. The debtors were a leading manufacturer, distributor, and marketer of vent-free hearing appliances, outdoor heaters, and lawn and garden electrical products. The firm assisted in effectuating and consummating a sale of substantially all of the debtors’ assets to FMI Products. Following contentious litigation with creditors' committee counsel, the case was ultimately converted to a chapter 7.
Commissary Operations Inc.
Nashville, TNThe firm represented the committee in this chapter 11 case. Commissary Operations, which did business as COI Foodservice, engaged in manufacturing and distributing food products to restaurants in the United States.
Global Home Products
Westerville, OHThe firm represented the debtors, manufacturers of consumer home products including Anchor Hocking glassware, Mirro/Wearever cookware, and Burnes of Boston picture frames. The firm negotiated the court-approved sale of each of those three divisions on a going-concern basis to third-party purchasers. The debtors confrimed their liquidating plan following the going-concern sales.
Toledo, OHThe firm served as conflicts counsel to chapter 11 debtors Dana Corporation and 40 of its domestic direct and indirect subsidiaries. The Dana companies are leading suppliers of modules, systems, and components for original equipment manufacturers and service customers in the light, commercial and off-highway vehicle markets. The products manufactured and supplied by the Dana Companies are used in cars, vans, sport-utility vehicles, trucks, and a wide range of off-highway vehicles. The firm handled negotiations with key customers including Chrysler, Toyota and General Motors as well as negotiations and disputes with certain key suppliers.
Troy, MITwo members of the firm represented the holders of approximately $500 million in senior unsecured notes in the chapter 11 cases of Delhi Corporation, the largest auto parts supplier in the United States.
S-Tran Holdings, Inc.
Cookeville, TNThe debtors provided common carrier services and specialized in less-than-truckload shipments. The debtors supplied overnight and second-day service to shippers in eleven states in the Southeast and Midwest, and served several other states and Canada through strategic partnerships with carriers in those regions. As counsel to the debtors, the firm facilitated the wind-down of business operations.
Westerville, OHThe firm represented the committee in this case, which involves twenty-six retail stores selling products designed for organizing the home and office.
Brentwood, TNThe firm is counsel to Murray, Inc. in its chapter 11 case. Prior to its bankruptcy filing, Murray was a leading manufacturer and seller of lawn mowers, snow throwers, and other chore products. The case resulted in a prompt sale of assets, confirmation of a plan of liquidation, and recovery by unsecured creditors.
Gaylord, MIThe firm represented chapter 11 debtor RFB, which does business as "Cellular One of Northeast Michigan" and provides wireless telecommunications service to approximately 23,000 customers in multiple markets in Northern Michigan.
Columbus, OHThe firm represented the creditors’ committee of this company that developed and produced water, air, and gas purification systems. The firm negotiated a settlement with Waterlink’s secured lenders that included a waiver of the lenders’ undersecured deficiency claim, and negotiated and was co-proponent of a plan incorporating that settlement. The plan was confirmed a year after the case began, and will result in a significant distribution to unsecured creditors.
Perrysburgh, OHThe firm served as cocounsel for Glasstech, which designed and assembled glass bending and tempering (i.e. strengthening) systems used by glass manufacturers and processors in the conversion of flat glass into safety glass. Glasstech sold its systems worldwide, primarily to automotive glass manufacturers and processors and also to architectural glass manufacturers and processors.
Southfield, MIThe firm served as cocounsel to this family of 157 entities (134 of which are debtors located in the United Kingdom and 23 are debtors located in the United States). The Federal Mogul entities, automotive and vehicle parts manufacturers, were faced with more than 300,000 asbestos personal injury lawsuits when they sought chapter 11 bankruptcy protection. The debtors' plan of reorganization was confirmed in 2007.
Dairy Mart Convenience Stores
Cleveland, OHThe firm represented the postconfirmation liquidation trustee appointed under the plan confirmed in this convenience store chain's chapter 11 case.
Plainwell, MIThe firm served as principal bankruptcy counsel for this leading U.S. paper producer. Working with the company, we successfully sold the business, resolved and restructured billions in claims including $3.2 billion of Superfund claims, and confirmed a plan.
Columbus, OHThe firm acted as counsel to informal bondholders' committee in the chapter 11 case of Safelite Glass, which operated two manufacturing facilities, 80 auto glass warehouses, and more than 500 Safelite(R) AutoGlass service centers in 50 states, employing more than 6,000 associates nationwide.
Alsip Acquisition, LLC
Alsip, ILThe firm served as co-counsel-to coated paper manufacturer Alsip Acquisition LLC. Alsip filed for chapter 11 bankruptcy protection on November 20, 2014, seeking to sell substantially all of its assets. On January 8, 2015, Judge Kevin Carey of U.S. Bankruptcy Court for the District of Delaware a sale order approving a sale to Paper Mill Acquisition LLC for $8.22 million after it won a Jan. 7 auction. The buyer outbid the stalking horse at the auction. Alsip set aside a portion of sale proceeds in an account to pay certain creditors asserting liens on the purchased assets. All remaining proceeds from the sale paid directly pay off $7.74 million in prepetition secured debt owed to the creditor.
Quantum Leap Restaurants
The firm is counsel for the creditors' of this operator of eight TGI Friday’s restaurant chains under franchise agreements with Carlson, Inc. Six of the locations are located in Wisconsin and two of the locations are in the Dakotas.
Alsip, IL, WI
IPC International Corporation
Bannockburn, ILIPC was one of the largest mall security firms in the United States. The firm represented the committee in this sale case and helped to maximize recoveries to unsecured creditors by ensuring there was a spirited and robust auction, and negotiating the sale of nondebtor property for the benefit of the estates.
Wheeling, ILThe firm represented the official creditors’ committee of Bowe Systec and certain affiliates in their chapter 11 bankruptcy case in Delaware. Bowe Systec, also known as Bowe Bell & Howard, is a maker of high-speed mail-sorting equipment and software developer. The company filed its bankruptcy case seeking to sell itself to a secured creditor to pay off debt. The firm played a pivotal role in negotiating the terms of a complex sale and obtaining a settlement of potential claims that resulted in the company setting aside a cash pool available for distribution to unsecured creditors.
Archdiocese of Milwaukee
Milwaukee, WIThe firm is counsel to the creditors' committee of the Archdiocese of Milwaukee, which filed bankruptcy in the face of mounting claims of sexual abuse by its priests and other archdiocese employees. The archdiocese includes 210 parishes, 109 Catholic elementary schools, 13 Catholic high schools, 5 Catholic colleges and universities, and 9 Catholic hospitals in a large area of the southeastern Great Lakes area. In August 2015, Archdiocese announced a $21 million settlement with the abuse survivors, which is five times more than the Archdiocese offered in its original reorganization plan.
Frankfort, ILThe firm represents the creditors' committee of Gas City Ltd., which operates over fifty gas stations and truck stops with convenience stores across the country.
Evansville, INThe firm served as co-counsel representing an ad hoc committee of noteholders in the chapter 11 cases filed by Accuride Corporation, a manufacturer of commercial vehicle components. Through its prearranged restructuring plan, Accuride sought approval of a plan of reorganization that, among other terms, cancelled its existing notes in exchange for 98% of the common stock of reorganized Accuride and offered new senior secured notes worth $140 million. After a contentious confirmation process, the ad hoc committee supported the confirmation of Accuride’s third plan of reorganization.
Chicago, ILA member of the firm represented the holder of over $100 million in senior notes in connection with this chapter 11 case.
Kenosha, WIThe firm is representing the creditors’ committee of this automotive supply company in its chapter 11 case. The case was filed as a prepackaged case where the lenders and the debtor agreed on the terms of a chapter 11 plan before filing the case. The proposed plan provided no recovery to general unsecured creditors. The firm objected to the plan and negotiated a $1.5 million distribution to unsecured creditors.
Select Snacks/Jays Foods
Chicago, ILThe firm represented the committee in Select Snacks, which produced private-label salty snacks, such as corn chips. The company was sold as part of the chapter 11 proceedings along with its sister company, Jays Foods.
Home Products International
Chicago, ILThe firm served as counsel to the ad hoc committee of holders of the debtors’ outstanding 9.625% senior subordinated notes, and negotiated a plan support agreement and term sheet providing for a debt-for-equity swap whereby the notes and HPI stock would be extinguished, noteholders would receive 95% of new HPI stock and, provided the noteholders and old HPI stockholders accepted the Plan, old HPI stockholders would receive 5% of the new HPI stock.
Sheboygan, WIThe firm was cocounsel to JL French Automotive Castings and its affiliates in connection with their chapter 11 bankruptcy cases in Delaware. JL French produced a broad range of aluminum die-cast components and assemblies, including engine blocks, oil pans, transmission cases, engine covers, bedplates, ladderframes, cam covers, water pump housings, and front-end accessory drive brackets.
Oak Brook, ILThe firm represented the creditors' committee in Glazed Investments, a large Krispy Kreme franchisee that operated more than fifteen stores in the midwestern United States. Through the efforts of the firm, the committee negotiated a plan of reorganization with Krispy Kreme and Glazed that provided for an approximately 15% distribution to general unsecured creditors even though the assets were fully encumbered by senior liens.
Addison, ILThe firm represented Gingiss Group/Gary's Tuxedo's in connection with their chapter 11 bankruptcy cases. Gingiss/Gary's operated the only national chain of retail stores specializing in the rental and sale of formalwear with more than 400 stores and annual revenues exceeding $75 million and completed a sale of substantially all of their assets to May Department Stores less than sixty days after the bankruptcy cases were filed.
Neenah Foundry Company
Neenah, WIThe firm was cocounsel to the company, which manufactured and marketed a wide range of iron castings and forgings for the heavy municipal market and selected segments of the industrial markets, with respect to its prepackaged plan that confirmed in September 2003.
Downers Grove, ILThe firm served as conflicts counsel to Spiegel, Inc. and its subsidiaries in its cross-border case, with certain of Spiegel’s Canadian subsidiaries being subject to proceedings under the CCAA in Canada. Prior to its bankruptcy, Spiegel operated retail businesses and a bank that issued private label credit cards. The firm negotiated the terms of Spiegel's DIP and exit financing, litigated against lenders with claims for damages related to credit default swaps and setoffs, and resolved a dispute with a former investment banker over fees for a postpetition transaction related to Spiegel's credit card business.
Chicago, ILThe firm successfully confirmed a plan of reorganization for Focal Communications, a CLEC offering voice and data services in 23 markets with almost 700,000 lines installed and in service. The plan featured a restructuring of bank claims in the approximate amount of $78 million, bond claims in the approximate amount of $110 million, and general unsecured claims of approximately $286 million.
Decorative Surfaces International
Dupo, ILDecorative Surfaces, which manufacturers and distributes plastic laminates and coatings, filed their chapter 11 bankruptcy cases in order to sell their assets as a going concern. As debtors' counsel, the firm negotiated the court-approved sales and obtained the dismissal of the cases.
North Chicago, ILThe firm as cocounsel represented Fansteel, Inc. and certain of its affiliates in their chapter 11 bankruptcy case in Delaware. Fansteel manufactures and markets specialty metal products. During the course of the bankruptcy case, the company was able, among other things, to obtain working capital financing, to stabilize its businesses, to sell off noncore businesses at fair values, and, most importantly, to achieve broad support from substantially all parties in interest. The firm assisted in formulating and eventually confirming a successful chapter 11 reorganization plan that allowed the company consolidate operations, reduce expenses, and maximize efficiencies to emerge as a healthier enterprise.
Teardrop Golf Company
Morton Grove, ILThe firm represented the creditors' committee in connection with the chapter 11 bankruptcy case of Teardrop Golf, a manufacturer of golf-related equipment, which filed in the United States Bankruptcy Court for the District of Delaware in 2000. Through the bankruptcy case the company consummated a sale of substantially all of its assets.
Indianapolis, INLogoAthletics was the nation’s largest manufacturer of licensed sports apparel with annual sales exceeding $250 million. As counsel to the company, the firm successfully negotiated a sale to Reebok maintaining the integrity of the operations and saving thousands of jobs
Fruit of the Loom
Chicago, ILWe represented the ad hoc committee of senior secured noteholders in the chapter 11 case of this well-known undergarment manufacturer.
Glenview, ILZenith Electronics, one of the world's largest electronics manufacturers, was sold as a going concern through a pre-packaged bankruptcy that resulted in payment of 100% of all creditors' claims.
Oak Creek, WIHarnischfeger and fifty-nine subsidiaries manufacture and market pulp and papermaking machinery and mining equipment with annual sales of $2 billion, and confirmed a plan to conclude their chapter 11 cases.
Minneapolis, MNThe firm is debtors’ cocounsel to the Dolan Company and its subsidiaries, a diversified information management and professional services company comprised of three distinct but complementary businesses: litigation support, mortgage processing, and business and legal publishing. The company recently announced that they have emerged from chapter 11 only 81 days after voluntarily filing for bankruptcy protection. The company completed a comprehensive balance-sheet restructuring with the company's secured lenders that significantly improves the company's capital structure.
Bakers Footwear Group
St. Louis, MOThe firm represented the creditors’ committee in Bakers Footwear Group’s chapter 11 cases, a national mall-based retailer of shoes for young women that operated approximately 216 stores. The company was underperforming and its secured debt was substantially greater than the value of the company’s assets. Through various creative business solutions, the firm led the committee in developing strategies to ensure that the Bakers name would survive as a going concern, providing an opportunity for vendors to have a customer and landlords to have a tenant.
Buffets Restaurant Holdings (2012)
Egan, MNThe firm as cocounsel represented the creditors’ committee of Buffets Restaurants Holdings and related affiliates in their chapter 11 bankruptcy case in Delaware. Buffets owns and operates the nation's largest steak-buffet restaurant chain at over 400 locations throughout the United States, operating under the names Old Country Buffet, Country Buffet, and HomeTown Buffet. Through the firm’s efforts, Buffets was able to assist in negotiating an 8% to 9% distribution for unsecured creditors based on a plan that initially proposed to pay nothing to unsecured creditors.
Pure Beauty Salons & Boutiques
Golden Valley, MNThe firm represented the official creditors’ committee of Pure Beauty Salons & Boutiques and certain of its affiliates in their chapter 11 bankruptcy case. At the time of its bankruptcy filing, Pure Beauty operated over 400 hair care and beauty salons across the United States. The firm assisted the committee in negotiating a complex sale transaction that provided a substantial benefit to the unsecured creditors. Hair care services and product retail
Lincoln, NEThe firm represents as cocounsel Nebraska Book Company and related affiliates in their chapter 11 bankruptcy case in Delaware. Nebraska Book is one of the leading providers of new and used textbooks to college students in the United States. Through the firm’s efforts, the company successfully confirmed a chapter 11 plan that provided for a significant restructuring of the company’s assets and allowed it to emerge as a healthy go-forward business.
Eagan, MNThe firm was cocounsel to the creditors' committee of Buffets Holdings, the nation's largest steak-buffet restaurant chain and the second largest restaurant company in the family-dining segment of the restaurant industry, operating under the names Old Country Buffet, Country Buffet, HomeTown Buffet, Ryan's and Firemountain. Just before filing, the debtors had 615 company-owned steak-buffet restaurants, eleven Tahoe Joe's Famous Steakhouse restaurants, and sixteen franchised locations collectively operating in forty-two states, and employed over 36,000 employees.
Diocese of Davenport
Davenport, IAThe firm represented the creditors' committee in the chapter 11 case of the Diocese of Davenport. The committee was instrumental in the drafting of the plan of reorganization, which was approved by the bankruptcy court in 2008. The firm negotiated the most extensive nonmonetary provisions of any case to date, and was also able to negotiate the allocation of the contingency fee of the state court lawyers across all tort claimants in order to ensure that survivors who had retained counsel would not receive a smaller distribution than the survivors who emerged during the bankruptcy case and did not retain counsel.
Intrepid Home Health
Edina, MNThe firm served as special counsel to the debtor in this chapter 11 case of a $100 million national home health agency and successfully resolved the key issue in the case -- a $40 million claim filed by the US Center for Medicare and Medicaid Services for Medicare fraud.
Twin Cities Avanti Stores
St. Paul, MNTwin Cities Avanti Stores owned and operated 95 gas stations and convenience stores located mostly in Minnesota. The case was very litigious because of the secured creditor's deficiency claim. Both the debtor and the secured creditor confirmed competing plans of reorganization. Under both plans, the general unsecured creditors received a 10% distribution.
Chino, CAThe firm represented Trend Technologies, one of the nation's leading manufacturers of molded plastics, in its chapter 11 proceeding in Delaware. The firm led the company through a sale pursuant to section 363 of the Bankruptcy Code, whereby its business was sold on a going-concern basis to a former executive with the company.
Omaha, NEThe firm represented the creditors' committee in the bankruptcy of a telecommunications line builder engaged in laying fiber optic cable throughout the United States. A reorganization plan, that restructured the company’s $450 million in debt, was confirmed within one year of the filing.
Trans World Airlines
St. Louis, MOWe were counsel to this well-known air carrier, which was sold to American Airlines in its chapter 11 case.
Tri-Valley Learning Corporation
Livermore, CAThe firm is debtor’s counsel to Tri-Valley Learning Corporation in the company’s chapter 11 bankruptcy filed November 2016 in the United States Bankruptcy Court for the Northern District of California (Oakland). Tri-Valley operates a charter high school and K-8 school in Livermore, Alameda County, 44 miles east of San Francisco, and a middle and elementary school in Stockton.
New Cal Neva Lodge
St. Helena, CAThe firm is counsel to the creditors' committee of New Cal-Neva Lodge, which owns real property and improvements thereon generally described as the Cal Neva Resort and Lodge, a storied resort property on the banks of Lake Tahoe, straddling the California and Nevada border. Venue of the case has been transferred to the Nevada bankruptcy court from Northern California.
San Francisco, CAThe firm represents the creditors' committee in this San Francisco chapter 11 case. PopExpert was an online clearinghouse for expert services in various fields. Its bankruptcy auction featured vigorous bidding that doubled the price paid for the unencumbered assets.
San Francisco, CAThe firm is debtor’s counsel in the chapter 11 bankruptcy of Blue Earth Inc., a publicly held company that facilitates the commercialization of clean technologies. The voluntary petition was filed in the United States Bankruptcy Court for the Northern District of California. A senior lender and shareholder will provide up to $3 million in financing to fund the restructuring.
Premium Transportation Services
Rancho Dominguez, CAThe firm represents the creditors' committee in the chapter 11 case of Premium Transportation, one of Southern California’s largest port trucking companies. At the inception of the case, the debtor indicated that there would be no distribution to unsecured creditors. Through the committee’s investigation of and pursuit of a subordination fight with the debtor’s secured creditors, a plan has been negotiated that is likely to pay trade claims in full and a recovery for other unsecured creditors who were to receive nothing under the debtor’s initial plan.
Yellow Cab Cooperative Inc.
San Francisco, CAYellow Cab Cooperative, the largest taxi business in San Francisco, filed for bankruptcy in the wake of a large personal-injury judgment against it that exceeded available insurance coverage by many millions of dollars. The firm represents the creditors' committee, which is comprised of Yellow Cab accident victims and a group of class-action plaintiffs.
El Segundo, CAThe firm is debtor’s co-counsel in the chapter 11 case of El Segundo, California, based Fuhu, Inc., a fast-growing company that designs Nabi tablets and associated accessories. On the same day that Fuhu and its affiliates filed voluntary petitions for relief under chapter 11, it agreed on the principal terms of an asset acquisition by leading toy company Mattel, Inc. The company was bought at auction in January 2016 by Mattel.
Santa Monica, CAThe firm is debtor’s counsel in the chapter 11 bankruptcy of Cloudbreak Entertainment. Founded by television producer Conrad Riggs, the company provided management, development, production, distribution, and related services in the entertainment industry. The bankruptcy was filed to allow the company to properly defend a pending $14m breach-of-contract suit relating to revenues received by the company from a number of highly successful reality television shows, such as “Survivor” and “The Apprentice,” and, if necessary, restructure any resulting liability and other debts.
San Francisco, CAThe firm represents the creditors' committee for digital music streaming service Rdio. Rdio commenced its bankruptcy case in the Northern District of California and is seeking to sell substantially all of its assets to Pandora.
Freedom Communications (2015)
Santa Ana, CAThe firm represents the creditors' committee in the 2015 chapter 11 case of Freedom Communications, a national information and entertainment company of print publications, broadcast television stations, and interactive businesses. As a result of actions taken by the firm on the committee’s behalf in this “preplanned” chapter 11 case, the debtors and their lenders radically amended the proposed plan to greatly enhance the recovery of unsecured creditors.
Los Angeles, CAThe firm is debtor’s co-counsel to retailer American Apparel and its affiliates in a widely publicized chapter 11 bankruptcy that commenced in October 2015. American Apparel is a nationally known clothing manufacturer and retailer specializing in trendy apparel designed for young consumers. A major institution in the fashion industry, the company filed chapter 11 due to increasing liquidity challenges. The company entered bankruptcy with a negotiated deal with its secured lenders to exchange approximately $200 million in senior notes for equity in reorganized American Apparel. With overwhelming creditor support, the restructuring plan was approved in January 2016.
San Francisco, CAThe firm is debtor’s counsel to NewZoom, Inc. in its chapter 11 case. NewZoom operates “ZoomShops,” which are custom-branded automated self-service retail kiosks that are located in malls, airports, and similar locations.
Huntington Beach, CAThe firm is debtor’s co-counsel in the chapter 11 case of Quiksilver, Inc. Based in Huntington Beach, California, the company designs, develops, and distributes surfwear branded apparel, footwear, accessories, and related products internationally. Quiksilver entered chapter 11 bankruptcy with a detailed restructuring plan and preliminary approval from the court for a $175 million financing package, which called for debt holder Oaktree Capital Management to become a majority owner of the brand. In February 2016, the court approved Quicksilver’s turnaround plan and the company emerged from bankruptcy a mere five months after filing chapter 11.
Haggen Holdings LLC
Bellingham, WAThe firm represents the creditors’ committee in the bankruptcy of Haggen Holdings and its affiliates. Haggen is a Seattle-based company that, at the time of the bankruptcy filing, owns and operates 164 Haggen grocery stores across 5 states primarily on the West Coast. At the time of filing, Haggen had in excess of over $154 million of secured liabilities.
Response Genetics Inc.
Los Angeles, CAThe firm is chapter 11 bankruptcy counsel to this company engaged in the research and development of clinical diagnostic cancer testing. The firm negotiated an asset purchase agreement for the sale of substantially all of the company’s assets. The chapter 11 case was commenced, the company’s operations stabilized, and the sale closed in the short span of sixty days.
Z'Tejas Restaurant Holdings
Scottsdale, AZThe firm was debtor’s counsel to Z’Tejas, which operates a chain of “Tex-Mex” restaurants in Arizona and Texas. The firm negotiated an asset purchase agreement for the sale of substantially all of the company’s assets. The chapter 11 case was commenced, the company’s operations stabilized, and the sale closed in the short span of sixty days. Hundreds of jobs were saved and general unsecured creditors are expected to receive a distribution.
Turnberry/MGM Grand Towers
Las Vegas, NVThe firm served as counsel to the creditors’ committee of Turnberry/MGM Grand Towers, LLC and two affiliated debtors in the United States Bankruptcy Court for the District of Nevada. The debtors are a joint venture between Turnberry and MGM, which built three luxury condominium towers behind the MGM Grand on the Las Vegas strip. The debtors filed bankruptcy to address litigation by plaintiffs who accused the debtors of fraud, among other causes of action, in selling the condo towers.
Anna's Linens Inc.
Costa Mesa, CAThe firm is counsel to the creditors' committee of Anna’s Linens, which at the time of its filing for chapter 11 operated 261 Anna’s Linen stores in 19 states and generated $300 million plus in revenue on an annual basis.
Deerfield Ranch Winery
Glen Ellen, CAThe firm represents the creditors' committee in the pending chapter 11. The debtor expects its plan will pay unsecured creditors in full, plus interest.
Bellevue, WAThe firm is debtor’s counsel to Hipcricket, which provides mobile advertising and marketing solutions through its proprietary, mobile engagement platform. The approved chapter 11 plan implements ESW's $7.7 million deal to acquire Hipcricket and doles out the proceeds to creditors. Unsecured creditors, who may have received nothing under the original $4.5 million stalking horse offer, will see a return of “at least 20 cents on the dollar” under the ESW-sponsored plan.
Foothill Ranch, CAThe firm is counsel to the creditors' of this publicly traded retailer. Wet Seal specializes in fast fashion apparel, footwear, and accessories designed for teen girls and young women. Immediately prior to its filing for bankruptcy, Wet Seal had over 500 stores in retail locations throughout the country and over 6,500 employees. The debtors originally proposed a prenegotiated plan offered unsecured creditors with stock or a limited cash component option. Through the firm’s efforts, the debtors accepted an overbid to the plan from a third party that provides a materially enhanced guaranteed cash component to unsecured creditors.
Ultura (LA) Inc.
Long Beach, CAThe firm represented Ultura, fka APTwater, in connection with its chapter 11 case in Delaware. Ultura is a specialist in the treatment of difficult to treat wastewater and fluids through advanced membranes and modules. The firm succesfully completed a sale and global settlement of issues with all key constituents in the case.
Variant Holding Company
Tucson, AZThe firm is debtor’s counsel to Variant, which acquires and operates multifamily residential properties, self-storage, and office properties, as well as hospitality assets. In March 2015, Variant was allowed to sell $275 million in property, allowing the company's nondebtor subsidiaries to sell the bulk of their real estate assets.
Mineral Park, Inc.
Golden Valley, AZThe firm currently represents Mineral Park and its affiliates in chapter 11 cases before the United States Bankruptcy Court, District of Delaware. Mineral Park owned and operated a large copper and molybdenum mine and mill in northwest Arizona. Despite severe operational challenges and a dramatic drop in copper and molybdenum prices during the pendency of the case that forced the mine to transition from an ongoing operation to “care and maintenance” status, the firm oversaw a sale of the mine in January of this year. The firm was also able to negotiate a settlement of competing claims relating to a “silver streaming transaction” that threatened to derail the sale process and is presently attempting to the remaining, conflicting claims of secured creditors to the proceeds of sale.
S.B. Restaurant Co. (Elephant Bar)
Costa Mesa, CAThe firm represented S.B. Restaurant Co., the owner and operator of a restaurant chain known as Elephant Bar and Restaurant. After filing the bankruptcy cases and stabilizing the debtors’ operations, the debtors' assets were marketed on a national basis. At the conclusion of the marketing period, the firm negotiated an asset-purchase agreement with a large national restaurant and hospitality operator. The sale was approved and closed within a span of 75 days.
Woodforest Square LLC
Sherman Oaks, CAThe firm acts as chapter 11 bankruptcy counsel for Woodforest Square, LLC (“Woodforest”), the owner of a shopping center located in Houston, Texas comprising 44,399 square feet of gross leasable area. Woodforest is owned by an entity controlled by chapter 7 debtor Roger W. Meyer, in a related case before the U. S. Bankruptcy Court for the Central District of California. The firm represents the chapter 7 trustee for the estate of Roger W. Meyer and the Woodforest Square shopping center is one of several real estate developments being administered by thetTrustee on behalf of the Meyer estate. The Woodforest case was filed to stay foreclosure proceedings initiated against it by its secured lender. Through the chapter 11 proceedings, Woodforest was able to reach a settlement with its secured lender and sell the shopping center for a price exceeding the secured debt by approximately $2 million. These funds will enable Woodforest to pay all claims against it in full and to distribute excess funds to the Meyer estate to pay creditors in the chapter 7 bankruptcy case. In May 2015, a plan was confirmed that will pay all creditors in full and distribute significant funds to equity.
Seal Beach, CAThe firm represented Amonix in an out-of-court workout. Founded in 1989, Amonix is headquartered in Seal Beach, California, with an additional R&D facility in Torrance, California. Amonix is the world’s leading designer and manufacturer of concentrator photovoltaic (CPV) commercial solar power systems.
Easy Life Furniture
Buena Park, CAThe firm represents the official committee of unsecured creditors in the chapter 11 case of Easy Life Furniture pending in Orange County, California. Easy Life was a family owned and operated furniture retail chain that sold furniture to the consumer marketplace through the operation of its retail stores located in Southern California.
Santa Barbara, CADuring 2010 through early 2013 the debtors pursued various restructuring alternatives, including a sale of their assets and a consensual restructuring with their secured lenders. None of these alternatives succeeded. Although the debtors were a profitable company, valuations obtained during the sale process were not sufficient to satisfy creditor and equity constituencies. The chapter 11 restructuring right sized the balance sheet, injected liquidity, resulted in the appointment of a very sophisticated board of directors and ended years of hostility with creditor constituencies thereby enabling the company to focus on its business prospects.
Event Rentals Inc.
Inglewood, CAThe firm served as counsel to the creditors' committee in this chapter 11 bankruptcy of the business known nationally as Classic Party Rentals. The company was saddled with more than $200 million in debt when the case was filed. Even though unsecured creditors were “out of the money,” the firm negotiated a settlement that made a distribution possible while ensuring creditors would be immune from any postconfirmation litigation.
Napa, CABR Festivals, LLC put on the Bottle Rock Festival in Napa in 2013. Despite impressive turnout and a successful event from the visitor’s perspective, expenses far exceeded income. The firm represents the official committee of unsecured creditors in this liquidating chapter 11 case pending in Santa Rosa, California.
Hot Dog on a Stick
Santa Monica, CAThe firm was counsel to the creditors’ committee to HDOS Enterprises, which operates Hot Dog on a Stick and Muscle Beach Lemonade restaurants. The company was sold through a 363 process; a plan was subsequently confirmed that paid general unsecured creditors 100%.
Roman Catholic Bishop of Helena, Montana (Diocese of Helena)
Helena, MTThe firm is counsel to the official creditors’ committee of the Diocese of Helena, which filed bankruptcy to resolve more than 360 claims of childhood sexual abuse by diocesan priests, religious community priests, women religious, and lay workers in the diocese. The diocese spans western and north-central Montana. It has 58 parishes, 38 missions, 5 cemeteries, and more than 1,100 children enrolled in 6 diocesan schools. Three Catholic hospitals and one Catholic college are also located within the diocese. In March 2015, the court confirmed a consensual plan that compensates the survivors.
Martifer Solar USA
Los Angeles, CAThe firm is counsel to the creditor's committee of Martifer Solar USA, Inc., a solar engineering, procurement, and construction (“EPC”) company that implements commercial and industrial scale solar installations throughout the country. Martifer USA has installed more than 45 MW (megawatts) of solar assets nationwide, implementing a variety of solar technologies, including ground mounted systems, roof mounted arrays, building integrated photovoltaics, distributed arrays, and solar canopies.
Roman Catholic Bishop of Stockton (Diocese of Stockton)
Stockton, CAThe firm represents the official creditors’ committee in the Diocese of Stockton’s bankruptcy case, which filed bankruptcy before any cases went to trial concerning childhood sexual abuse. The diocese is located in the San Joaquin Valley of California. The diocese has 35 parishes, 14 missions, and 3 cemeteries. Twenty Catholic schools and 2 Catholic universities are located in the diocese.
Evergreen International Aviation
McMinnville, ORThe firm represents the chapter 7 trustee in this global aviation services company. The firm played a significant role in the sale of the bulk of the company's assets for nearly $5 million after resolving several objections from the FAA and an Arizona-based aircraft repair station that asserted it had mechanics and garage-keepers liens on some of the debtor's assets.
Anaheim, CAThe firm is cocounsel to this American automaker in its chapter 11 case pending in Delaware bankruptcy court. Fisker was the manufacturer of one of the world’s first production plug-in hybrid electric vehicles. The company was bought by Chinese auto-parts conglomerate Wanxiang Group through the chapter 11.
Encino, CAThe firm is counsel to the chapter 7 trustee of KSL Media(having previously represented the creditors' committee). Prior to its downturn, KSL Media was one of the largest independent media buying companies in the country. On behalf of the committee, the firm aggressively questioned the company’s chapter 11 strategy and commenced an investigation of several current and former executives of the company. Following the company’s decision to voluntarily convert its chapter 11 case to one under chapter 7, the firm was retained by the chapter 7 trustee to complete this complex winddown involving nearly 1000 creditors asserting nearly $100 million in claims. As part of the recovery, the trustee has commenced several actions against third parties. Moreover, the firm designed an economical claims-resolution strategy that will shave substantial litigation costs off the total costs of administration for the case. The firm anticipates that creditor recoveries will be substantially increased as a result of these efforts.
IntraOp Medical Corporation
Sunnyvale, CAIntraOp manufactured a cancer-scanning medical device. When the company filed for bankruptcy, proposing to allow a friendly foreclosure and pay unsecured creditors nothing, the firm sought to recharacterize the secured debt as equity by filing an adversary proceeding against the purchaser. A favorable settlement quickly ensued.
Orchard Supply Hardware Stores
San Jose, CAThe firm represents the creditors' committee in the OSH chapter 11 case, filed in Delaware in June 2013. The debtors’ going-concern sale to Lowe’s features more than $40 million of trade debt assumption.
GGW Brands LLC
Santa Monica, CAThe firm served as counsel to Wynn Las Vegas and Steve Wynn, the largest creditors of GGW Brands LLC and its subsidiaries in connection with GGW’s chapter 11 bankruptcy cases. The company was the producer and distributor of "Girls Gone Wild" and other adult entertainment through web, pay-per-view and DVD platforms. The firm successfully obtained the appointment of a trustee to take control of GGW’s business, which ultimately was sold in order to pay creditors’ claims.
Rodeo Creek Gold
Reno, NVThe firm served as counsel to the official committee of unsecured creditors to the debtors, whose assets generally consisted of a trial gold mine known as the Hollister trial-mine, the Esmeralda Mill, which is located in Mineral County, Nevada, and 950 unpatented federal mining claims covering 42 square miles on the Carlin Trend gold belt. On behalf of the committee, the firm successfully negotiated a resolution for unsecured creditors and is currently representing the liquidating trust of Rodeo Creek.
Gabriel Technologies Corporation
San Francisco, CAThe firm represents the creditors’ committee in the chapter 11 cases of debtors involved in intellectual property litigation with Qualcomm Incorporated.
San Diego Hospice & Palliative Care
San Diego, California Bankruptcy Court - Southern DistrictThe firm represents the official committee representing unsecured creditors in the chapter 11 bankruptcy of San Diego Hospice & Palliative Care Corporation in the United States Bankruptcy Court for the Southern District of California in San Diego, California. The hospice filed for bankruptcy protection as a result of ongoing operational losses and disputes with Medicare & Medicaid over payments under the Medicare program. Before the filing, the nonprofit hospice provided specialized care to over 4,000 patients facing terminal illness annually. The case is a liquidating chapter 11; the hospice has ceased operations and transferred all of its patients to other hospice care providers.
Aletheia Research and Management
Santa Monica, CAThe firm represented the creditors' committee of Aletheia Research and Management, Inc. The debtor provided investment advice and management services to individuals and entities investing in securities through several investment strategy products and, at its height, had over $10 billion of assets under management. Amid an SEC investigation and eventually an indictment by the SEC of the debtor’s principal for various securities act violations, the committee investigated allegations of misconduct and within weeks of being appointment, negotiated a stipulated turnover of the company to a court-appointed chapter 11 trustee.
American Suzuki Motor Corporation
Brea, CAThe firm represented American Suzuki Motor Corporation ("ASMC") in its chapter 11 case in the Central District of California (Santa Ana Division). ASMC was the sole distributor in the continental United States of Suzuki automobiles, motorcycles, all-terrain vehicles, and outboard engines. On the first day of the case, the firm filed a chapter 11 plan and a sale motion that were designed to terminate ASMC’s automobile division and continue and sell the operation of the other three divisions to a company formed by Suzuki Motor Corporation of Japan. In connection with the Plan, the ASMC rejected over 200 agreements with ASMC’s independent automobile dealers and the firm negotiated claim settlements with all of the dealers. Notably, 97% of the claim settlements were completed within 30 days after the commencement of the case. The firm obtained the necessary support of creditors and confirmed a chapter 11 liquidating plan less than four months after the petition date. The sale through the plan preserved the hundreds of ASMC motorcycle, all-terrain vehicle, and marine dealers while at the same time ensuring 100% payment to unsecured creditors.
Mendocino Coast Health Care District
Mendocino, CAThe firm is counsel to the Mendocino Coast Health Care District in its chapter 9 case presently pending in the U.S. Bankruptcy Court for the Northern District of California, in Santa Rosa. The district owns a 25-bed acute-care hospital located in Ft. Bragg and also operates a primary-care clinic and home health service.
Meridian Sports Clubs California
North Hills, CAThe firm uccessfully guided Meridian Sports Clubs California, which operates fitness clubs in California, Hawaii and Nevada, through its successful chapter 11 reorganization.Meridian exchanged debt for equity held by an affiliate of Praesidian Capital, a leading provider of mezzanine capital for small and mid-sized companies, and an affiliate of another mezzanine lender.
Tri-Valley Oil & Gas
Bakersfield, CAThe firm represented the creditors’ committee in the chapter 11 case of debtor Tri-Valley Corporation. Tri-Valley was primarily in the business of producing oil and gas from its fields in Southern California. The firm worked with the committee to maximize the value of the assets, including obtaining a significant extension of the debtor's marketing process. The extension of the marketing process enabled the estate to obtain higher value for Tri-Valley’s oil and gas production assets.
Gordian Medical, dba American Medical Technologies
Irvine, CAThe firm represents this leading provider of wound-care solutions for long-term care facilities in the United States in its successful reorganization under chapter 11. Gordian was involved in litigation involving difficult factual issues and regulatory and statutory arguments against (and negotiations with) various agencies of the U.S. government and the State of California, as well as litigation with numerous third parties over claims and pending contracts. Through the firm’s efforts, the federal Centers for Medicare & Medicare Services's freeze of tens of millions of dollars of payments to the company was lifted, settlements were reached with CMS, the IRS and California’s Franchise Tax Board, and a plan of reorganization was confirmed, allowing Gordian to emerge from bankruptcy protection.
Los Angeles, CAThe firm represented CyberDefender, a publicly traded company listed on the NASDQ exchange, in its chapter 11 case. Headquartered in Los Angeles, CyberDefender was a provider of technology and technology services for consumers. Utilizing direct-to-consumer marketing, the company addressed the growing demand for remote technical support services, antimalware and personal computer (“PC”) optimization software and online backup services. As of the date it filed its bankruptcy petition, CyberDefender Co. employed 322 full-time employees in hourly, salaried, supervisory, management, sales, administrative and technician positions to perform the functions necessary to effectively and efficiently operate the company’s business. CyberDefender marketed its software products and services directly to the consumer market. As of the date CyberDefender filed its chapter 11 petition, it had approximately 677,000 active subscribers of its software and services.
Fresno, CAThe firm represented the debtors in their prepackaged chapter 11 case in Wilmington, Delaware. The debtors owned and operated more than a dozen radio stations in the Fresno, California, and Boise, Idaho, markets. The firm’s representation resulted in a confirmed plan of reorganization that restructured secured debt and paid unsecured creditors in full.
Sunnyvale, CAThe firm represented the creditors' committee in the chapter 11 case of Trident Microsystems (Far East) Ltd. Trident designs, develops, and markets integrated circuits and related software for processing, displaying, and transmitting high quality audio, graphics, and images in-home consumer electronics applications such as digital TVs, PC-TV, analog TVs, and set-top boxes. Through the firm, the committee played an integral role in negotiating the terms and condition of four stand-alone sales. Subsequently, the chapter 11 case was confirmed through a plan of liquidation where the Firm successfully negotiated a fixed 90% recovery for general unsecured creditors. 2013 M&A Advisor Turnaround Awards: winner, distressed M&A deal of the year $25m-$100m; finalist, technology, media telecom.
Chinese Consumer Products Manufacturer
The firm represented a Chinese consumer products manufacturing company in the acquisition of the assets of one of its primary U.S. competitors, which liquidated through a general assignment for the benefit of creditors under California law.
William Lyon Homes
Newport Beach, CAThe firm is counsel to William Lyon Homes, a multi-million dollar real estate developer and home builder with projects throughout California, Arizona, and Nevada, in connection with its prepackaged plan of reorganization of over $500 million in debt. William Lyon Homes successfully confirmed its plan in less than 90 days and emerged from chapter 11 as a reorganized company with a significantly de-levered balance sheet.
Nevada Cancer Institute
Las Vegas, NVThe firm represents the creditors' committee of Nevada Cancer Center, which operated a state-of-the-art cancer treatment and research center near Las Vegas. Firm attorneys successfully negotiated a settlement that resulted in a recovery for unsecured creditors, which originally had been offered nothing on account of their claims.
Real Mex Restaurants
Cypress, CAThe firm was co-counsel to Real Mex Restaurants, the largest full-service Mexican casual dining restaurant chain operator in the United States in terms of numbers of restaurants. Real Mex operated 178 restaurants in 12 states, and franchised or licensed 30 restaurants in 10 states and 2 foreign countries (Japan and Turkey), including El Torito, Chevys, and Acapulco. 2013 M&A Advisor Turnaround Awards: finalist, distressed M&A deal of the year over $100m; finalist, consumer services.
Fremont, CAThe firm was debtor’s counsel to Solyndra, which prior to its filing for chapter 11 in September 2011 was a leading manufacturer and retailer of solar photovoltaic power systems for large commercial and industrial rooftop applications. The firm assisted Solyndra and its parent holding company in successfully exiting bankruptcy through a chapter 11 plan that satisfied a multitude of priority and administrative claims, resolved an employee class action and various inter-creditor disputes, provided the means to maximize asset values, and preserved net operating losses at the parent level. The firm currently represents the trustee of the Solyndra Residual Trust created under the plan.
Renaissance Surgical Arts at Newport Harbor
Costa Mesa, CAThe firm represents the chapter 11 trustee in the bankruptcy case of Renaissance Surgical Arts at Newport Harbor. The debtor owns and operates a state-of-the-art ambulatory surgical facility in Costa Mesa, California. On July 11, 2011, an involuntary chapter 11 petition was filed against the Debtor, and the debtor consented to an order for relief on July 27, 2011.
Hawaii Medical Center
Honolulu, HIThe firm represents the creditors' committee in the bankruptcy of a not-for-profit hospital system in Honolulu. Although the committee negotiated a settlement that significantly improved the recovery for unsecured creditors from the initial offer in a prepackaged chapter 11 filing, the original buyer withdrew its offer. The committee took the lead on finding a new stalking horse buyer, and an auction is now planned for early January 2012.
The firm represented Rocket Farms in connection with two acquisitions. The first involved the acquisition of substantially all of the assets of Nurserymen's Exchange through a 363 sale in the Bankruptcy Court for the Northern District of California. The second involved the acquisition of herb thyme farms through a UCC foreclosure sale.
Harry & David Holdings
Medford, ORThe firm was recently retained to represent the creditors' committee as its cocounsel and conflicts counsel in the Harry & David's pre-arranged case. Harry & David is a producer and marketer of premium gift-quality fruit, gourmet food products, and specialty gifts headquartered in Medford, Oregon.
No Fear Retail Stores
Carlsbad, CANo Fear was a popular motocross apparel retailer based in Carlsbad, California. After being appointed committee counsel, the firm worked diligently to preserve the company’s going-concern business by facilitating a financing and stabilizing the company’s operations. The firm played a key role in conducting two successful sales; one for No Fear’s intellectual property and the other for the retail operations. The sales ensured that No Fear’s unsecured creditors would receive a distribution and have a trading partner with the salvaged retail operation.
San Diego, CAThe firm represented Hardage Hotels II, LP in its chapter 11 bankruptcy case in Delaware. Hardage Hotel’s primary asset was a hotel in Rockville, Maryland
SCI Real Estate Investments
Los Angeles, CAThe firm represented Secured California Investments, Inc. and SCI Real Estate Investments (together “SCI”) in a chapter 11 bankruptcy case in Los Angeles, California. SCI had an outstanding history of acquiring and syndicating interests in commercial real estate properties, most often on behalf of tenants in common and other private investors. The firm led the company’s restructuring efforts, confirming a chapter 11 plan in conjunction with the creditors' committee, on terms that will wind down SCI’s business for the benefit of creditors.
Contessa Premium Foods
San Pedro, CAThe firm is cocounsel in the Contessa Foods bankruptcy case. Contessa is a food processor and retailer of frozen seafood products to major retail markets, retail dining establishments, and the U.S. armed forces commissaries. The company’s assets were sold following an extremely robust auction that will likely result in a distribution in full to its creditors.
Consolidated Horticulture Group
Irvine, CAThe firm represented CHP in its chapter 11 cases, which operated one of the largest commercial nursery operations in North America, producing and distributing one of the broadest assortments of ornamental shrubs, color plants, and container-grown plants in the industry. CHP sold its products to more than 1,180 retail and commercial customers, representing more than 6,670 outlets throughout the United States, including premium local and regional garden centers, as well as leading national home centers and retailers, such as The Home Depot, Lowe’s and Wal-Mart. The firm was instrumental in effectuating a sale of the company’s assets to New Hines Holding Company and wound up the remainder of the cases through a structured dismissal.
Los Angeles, CAThe firm represented this five-time Grammy Award winning singer in a personal bankruptcy case and three related corporate cases. The firm successfully negotiated a settlement of contentious litigation regarding Ms. Braxton's rejection of her record contract.
Victor Valley Community Hospital
Victorville, CAThe firm represents Victor Valley Community Hospital in its pending chapter 11 case in Riverside, California. In October 2012, the hospital was sold after two years in chapter 11. The distribution to creditors depends on large rejection damage claims still to be resolved, but could be as much as 100%.
Claim Jumper Restaurants
Irvine, CAThe firm was co-counsel to Claim Jumper Restaurants, a restaurant chain inspired by California's Gold Rush. Claim Jumper operates forty-five restaurants in eight states, offering American cuisine with a modern twist. Claim Jumper filed for bankruptcy protection to seek an expedited sale of its assets to a stalking horse bidder, but sold its assets to competing bidder Landry's Restaurants at auction. Under the liquidating plan, secured lenders received a share of leftover cash from the $76.6 million sale and holders of general unsecured claims received pro rata distributions from a trust funded with $1.84 million of the sale proceeds.
Walnut, CAThe firm represents the creditors’ committee in the chapter 11 case of Apex Digital pending in the United States Bankruptcy Court for the Central District of California. Apex Digital was once one of the largest importers of Chinese-made televisions, set top boxes and DVD players into the United States, and is currently a consultant to an importer and reseller of Chinese-made televisions and sells solar-powered lighting that it imports from China. Apex Digital and the committee filed a joint plan of reorganization, the bankruptcy court has approved their joint disclosure statement for the plan, a voting deadline has been set and a confirmation hearing for the plan has been scheduled for spring 2013.
Poway, CAThe firm is counsel for the creditors’ committee in this case pending in the Southern District of California. ISE Corporation was a manufacturer of clean technology fuel emission drive systems.
Las Vegas, NVThe firm was cocounsel to Charles Associates, LLC and certain affiliates in their chapter 11 bankruptcy case. Charleston Associates is the owner of a large, high-end shopping center in Las Vegas, Nevada. Through the firm’s efforts, the company was able to successfully restructure its debt obligations and confirm a chapter 11 plan that allowed the reorganized company to continue its operations.
Ocean Park Hotels
San Luis Obispo, CAThe firm represented Ocean Park Hotels-TOY, LLC (“TOY”) and Ocean Park Hotels–TOP, LLC (“TOP” and, together with TOY, the “Hotels”) in their chapter 11 bankruptcy cases. TOY and TOP were the owners, respectively, of the Courtyard by Marriott hotel and the extended-stay Marriott TownePlace Suites hotel, both located in Thousand Oaks, California. The Hotels were in default of certain construction loans and, having been unable to negotiate a workout with their lender, were facing a foreclosure action and other ancillary remedies. Through the filing and administration of the Hotels’ chapter 11 cases, the firm restructured the Hotels’ secured and unsecured liabilities, reaching a settlement with the construction lender that modified and extended the loan term an additional three years. The firm’s efforts preserved the value of the Hotels’ estates for the benefit of all stakeholders and resulted in the confirmation of a joint plan of reorganization that pays all creditors in full over time.
Reno, NVThe firm represents Specialty Trust in its chapter 11 case. Specialty Trust is a Reno-based real estate investment trust (REIT) that manages approximately $203 million in assets primarily in short-term mortgage loans to residential developers. The firm confirmed a plan of reorganization in June 2011 that eliminated $100 million in debt.
Calabasas, CAThe firm represented Escom LLC in its chapter 11 proceedings before the United States Bankruptcy Court, Central District of California. The firm advised Escom on the sale of its primary asset—the internet domain “sex.com”—for $13 million, a then-record for a single domain.
Movie Gallery Inc. (2010)
Wilsonville, ORThe firm represented the creditors' committee in the chapter 22 case (second chapter 11 filing) of the nation's second largest video retailer. The representation began as counsel to the ad hoc committee of motion picture studios; when the studios were appointed to the official creditors' committee, the firm transitioned to committee counsel.
Arlie & Company
Eugene, ORThe firm replaced the original debtor’s counsel in this real estate chapter 11 case pending in Eugene, Oregon. Arlie owned approximately 40 parcels of land, many improved and income-generating and others in various stages of development. The case featured seven secured lenders and more than $60 million in debt, much of it guaranteed by the debtor’s principal. When court-imposed deadlines required filing a cramdown plan, Arlie struck a deal through mediation with the largest secured creditor, which left only one other major secured creditor facing cramdown. The payment-in-full plan was ultimately confirmed using exit financing provided by one of the secured lenders and loan commitments from an insider.
Doyle D. Heaton
Pleasant Hill, CAThe firm represented this individual real estate developer in his chapter 11 case in Oakland, California, involving over $100 million in assets and liabilities. The firm was sucessful in obtaining confirmation of a chapter 11 plan within six months after the filing of the case with the support of most of the debtor's creditor constituencies.
Fili Enterprises, dba Daphne's Greek Cafe
San Diego, CAThe firm was counsel to the creditors' committee in this bankruptcy case pending in the Southern District of California. Daphne's is a specialty restaurant chain headquartered in San Diego, CA, with 67 locations throughout the Western United States at the time of filing.
Fasteel Corporation, MMFX Steel Corporation and MMFX Technologies Corporation
Irvine, CAThe firm represented the creditors' committee in the MMFX Technologies chapter 11 bankruptcy. MMFX owned patents and valuable intellectual property relating to corrosive-resistant steel for construction industry and other industrial uses. After the committee was formed, the firm negotiated on its behalf with the hedge fund lenders to convert their debt to equity, and with unsecured creditors to ensure preferred returns as a backstop to a sale process for the intellectual property. Ultimately, because of the deal that was negotiated, unsecured creditors still received seventy cents on the dollar of owed money after the sale of intellectual property yielded no buyers. Under the terms of the Plan, MMFX emerged as a stronger, more financially sound company and will continue selling its high-strength and corrosion-resistant steel products to the construction market.
Mesa Air Group
Phoenix, AZThe firm represented the regional air carrier Mesa Air Group and its affiliated companies in their chapter 11 cases pending in the Southern District of New York. The firm was able to rationalize Mesa’s fleet by shedding approximately 100 unnecessary aircraft and reducing the air carrier’s fleet to approximately 75 aircraft. The firm also negotiated the restructuring and extension of Mesa’s code-share operating agreement with U.S. Airways. Over $2.5 billion in unsecured claims were restructured in exchange for $45 million in new notes and 80% of the equity in the reorganized air carrier. Mesa Air Group’s reorganization was effectuated through a plan of reorganization that was confirmed in January 2011 approximately one year after the cases were commenced.
Walking Company and Big Dog USA
Santa Barbara, CAThe firm was counsel to the creditors' committee in the chapter 11 cases of Walking Company, Big Dog USA and Walking Company Holdings, which are nationwide retailers of shoes and apparel that operated 135 retail stores in malls, shopping centers, outlet centers, and stand-alone locations in 24 states across the southeast, mid-atlantic and midwest regions.
Majestic Star Casino
Las Vegas, NVThe firm serves as cocounsel to the debtors in the cases of Majestic Star Casino and its affiliates in their chapter 11 cases. These cases involved approximately $650 million of debt obligations. The debtors collectively constitute a multi-jurisdictional gaming company that owns and operates two riverboat casinos located in Gary, Indiana, a casino and hotel located in Tunica County, Mississippi, and a casino located in Black Hawk, Colorado. The debtors collectively employ approximately 2,600 people, and as of October 31, 2009 their gaming properties operated 4,160 slot machines, 116 table games, 21 poker tables and 777 hotel rooms.
Beverly Hills, CAThe firm represents the chapter 11 trustee for Georges Marciano, one of the founders of Guess Jeans. Mr. Marciano was placed into an involuntary proceeding by judgment creditors holding claims aggregating $260 million. The trustee was appointed after the debtor refused to file schedules, statements, or otherwise disclose assets, liabilities, and transfers. The debtor and many of his alleged assets are now located in Canada, necessitating the commencement of an involuntary processing against him in Quebec and an action to obtain recognition of the trustee as a foreign representative in order to facilitate recovery of assets in Canada.
Anaheim, CAThe firm represents the trustee of this national furniture distributor, which utilized international round-robin transfers to create the appearance of over $100 million of fictitious collateral.
GTS 900 F
Los Angeles, CAThe firm represents the official committee of unsecured creditors of this developer of a condominium project in downtown Los Angeles.
Clement and Ann Marie Carinalli
Sonoma, CAThe firm was lead bankruptcy counsel to the creditors' committee in the bankruptcy case of Clement Carinalli, the largest individual landowner in Sonoma County, California. Mr. Carinalli amassed a real estate empire totaling over 200 properties estimated to be worth over $200 million. As committee counsel, the firm was instrumental in gaining control over the debtor's finances and stockpiling cash that formed part of the consideration to be paid to unsecured creditors under the confirmed plan of reorganization.
Meruelo Maddux Properties
Los Angeles, CAThe firm represented Legendary Investors in proposing a secured creditor plan in the heavily contested chapter 11 bankruptcy of Meruelo Maddux and affiliates, at one time the largest private landowner in downtown Los Angeles. Legendary Investors, which was the largest secured creditor of the debtors, obtained a very favorable settlement of its claims prior to commencement of the confirmation proceedings (which involved two other plans).
Freedom Communications (2009)
Irvine, CAFreedom Communications is a national information and entertainment company of print publications (including the Orange County Register), broadcast television stations, and interactive businesses. As a result of actions taken by the firm on the committee’s behalf in this “pre-planned” chapter 11 case, the debtors and their lenders radically amended the proposed plan to greatly enhance the recovery of unsecured creditors.
San Francisco, CAThe firm served as cocounsel to the debtors in the chapter 11 cases of Protostar Ltd and its debtor affiliates. The case involved liquidation of the debtors, which had launched and maintained two satellites.
Sunnyvale, CAThe firm was counsel to Magnachip, which designed and manufactured analog and mixed-signal semiconductor products for high-volume consumer applications such as mobile phones, digital televisions, flat-panel displays, notebook computers, mobile multimedia devices, and digital cameras. The company filed chapter 11 to effectuate an expedited sale of its company. Ultimately, the debtors were reorganized through a plan of reorganization that was confirmed within approximately 120 days of its filing.
Accredited Home Lenders Holding Company
San Diego, CAThe firm served as bankruptcy cocounsel to the debtor, a subprime lender. The case involved liquidation of the debtor's assets and resolution of class-action litigation.
S&B Surgery Center
Beverly Hills, CAS&B is an ambulatory surgery center that was forced into bankruptcy by the collapse and closure of Century City Doctor's Hospital. The firm confirmed a plan that was a "true" reorganization in less than eight months.
Fortuna, CAHumboldt Creamery, a dairy and milk processor with a focus on ice cream products based in Fernbridge, California, reported approximately $100 million in sales in 2008 before its chief executive officer resigned amid a fraud scandal that prompted a criminal investigation. A sale of the debtor's operating assets concluded and a liquidating plan was confirmed in 2009. The firm represented the creditors' committee in the case and now represents the liquidating trustee.
Gardena, CAThe firm was counsel to Z Gallerie in its chapter 11 case, a $200 million, family-owned, specialty home-furnishing retailer. Less than six months after commencement of the chapter 11 case, the court approved the company's reorganization plan. Pursuant to the plan, Z Gallerie's founders maintained their ownership stake and the company continued to operate fifty-five retail locations throughout the United States.
Las Vegas, NVThe firm was counsel to Rhodes Homes in its chapter 11 case and is currently counsel to the reorganized debtor operating as Dunhill Homes. At the time of its bankruptcy filing, Rhodes Homes was a leading Nevada homebuilder and had developed 40 communities, building 6,000 homes and generating over $2.4 billion in total revenues. The firm recently restructured Rhodes Homes, Nevada’s then third-largest homebuilder, by confirming a plan of reorganization that provided for an orderly handover of the company’s Nevada assets to a consortium of lenders. The plan resulted in the payment by the lenders of 100% of the outstanding trade debt.
Riverside, CAThe firm represented the creditors' committee of Fleetwood Enterprises, Inc. With 3,700 employees and 19 manufacturing plants in 11 states, Fleetwood was one of the nation's leading producers of manufactured housing and recreational vehicles, with subdivisions that manufactured motor homes, housing, and travel trailers.
Pacific Crossing Ltd.
Los Angeles, CAThe firm represented Pacific Crossing Ltd., a former subsidiary of Global Crossing, in its chapter 11 case. PCL operates the PC-i fiber optic telecommunications network connecting Japan with the United States. The network, completed in 2000 at a cost of more than $1.35 billion, involved two subsea fiber optic cable systems and four landing stations located in the U.S. and Japan. The firm obtained approval of a plan of administration in a parallel proceeding in Bermuda.
Pacific Energy Resources
Long Beach, CAThe firm represented Pacific Energy Resources and its affiliates as chapter 11 debtors, who were independent energy companies that developed and produced oil and gas in offshore drilling facilities in California and Alaska. The debtors had over $500 million in debt and generated over $200 million in revenue, and the parent was publicly traded on the Toronto stock exchange. The debtors were successfully sold as going concerns, and a plan was confirmed.
Coburg, ORThe firm was bankruptcy counsel to Monaco Coach Corporation, the nation's leading producer of diesel-powered motorhomes and a manufacturer of motorized and towable recreational vehicles.
Robbins Brothers Corporation
Azusa, CAThe firm represented Robbins Brothers in its chapter 11 case, one of the nation's largest retailers of engagement rings and other forms of jewelry. The company, which operated stores in California, Illinois, and Texas, completed a going concern sale to its majority equity sponsor.
WL Homes LLC dba John Laing Homes
Irvine, CAThe firm is lead bankruptcy counsel for WL Homes LLC, doing business as John Laing Homes, one of the largest private, high-volume home builders in the nation. Purchased in June 2006 by the world’s largest real estate developer (Emaar Properties PJSC) for $1.05 billion, John Laing Homes reported 2007 revenues of $948 million, with assets of approximately $1.4 billion and liabilities of approximately $937 million.
Pacifica Hospital of the Valley
Sun Valley, CAThe firm is counsel to the creditors' committee in the chapter 11 case of Pacifica of the Valley Corporation, doing business as the Pacifica Hospital of the Valley. Pacifica Hospital is a 231-bed acute care hospital located in Sun Valley, California.
Society of Jesus Oregon Province
Portland, ORThe firm represents the creditors' committee in the chapter 11 case of The Society of Jesus Oregon Province (embracing a five state area: Alaska, Washington, Oregon, Idaho and Montana).
Right Start/Baby Style
Calabasas, CAThe firm represented Right Start and Babystyle, a specialty children’s clothing and goods retailer, in their chapter 11 cases. Through their forty stores, the debtors had annual revenues of approximately $50 million. The asset were sold sale and the proceeds distributed through a plan of liquidation.
La Jolla, CAThe firm represented La Jolla, Calif.-based Retail Pro, a provider of merchandising software to retailers, and several of its affiliates in their chapter 11 cases. The retailer was sold for $21.3 million to secured creditors Laurus Master Fund Ltd. and Midsummer Investment Ltd. on April 24, 2009.
San Francisco, CAThe firm is bankruptcy counsel to Heller Ehrman, an 118-year old law firm with offices across the country and in London and Asia. Heller had 700 lawyers, more than 1000 employees, and revenues in excess of $500 million. The firm dissolved and filed a voluntary chapter 11 petition in late December 2008 in order to preserve the right to pursue a significant avoidance action.
Los Angeles, CAThe firm is special litigation counsel to the chapter 11 trustees in the Ezri Namvar and Namco Capital Group cases. In these cases, Ezri Namvar, through his company, Namco Capital, raised hundreds of millions of dollars from private investors and used it to buy commercial real estate. Namvar and Namco Capital were forced into bankruptcy by investors who are owed over $500 million. Namvar was convicted of wire fraud. The firm has been litigating significant fraudulent transfer actions to recover cash and membership interests in LLCs that Namvar and Namco improperly conveyed to third parties, including filing writs of attachments against family members who are dissipating estate funds. The firm also drafted a joint plan and disclosure statement for the Namvar and Namco estates, along with other debtor entities, that proposes continued litigation of claims held by the bankruptcy estates and sales of real estate and related assets under the direction and control of the current trustees in order to generate funds for the satisfaction of creditors' claims.
Costa Mesa, CAThe firm represented EZ Lube, the largest independent quick-lube operator in California and one of the largest privately owned companies of its type in the United States, in its chapter 11 bankruptcy cases. Prior to the petition date, the company had 78 locations in Southern California, and 4 in Arizona. In less than one year after filing for bankruptcy, the firm confirmed a plan of reorganization that converted approximately $94.5 million of claims into various units in reorganized EZ Lube, went effective with the plan, and emerged from bankruptcy as a stronger, more competitive operating company.
Salem, ORThe firm represented affiliated companies in chapter 11 proceedings that own, develop and/or operate senior living facilities and/or related real property throughout the United States. The affiliated manager provides centralized operations support, marketing, management, purchasing, and food services. In total, the enterprise encompasses approximately 23,500 units in thirty-seven states and utilizes approximately 12,000 staff members. In 2007, it generated approximately $500 million of revenues and has more than $1.8 billion of debt.
Lehman Brothers Holdings in Palmdale Hills Property LLC
Irvine, CAThe firm represented certain Lehman Brothers entities in the chapter 11 cases of Palmdale Hills Property. As a prepetition lender, Lehman Brothers were owed in excess of $2 billion that were secured against 19 real estate developments. Lehman Brothers’ claims were resolved through a plan of reorganization developed by the firm that was confirmed while competing against plans filed by the Palmdale debtors.
Newark, CAThe firm represented the prepetition ad hoc creditors' committee of this specialty maker of ceramics for the chip industry in Silicon Valley.
Seattle, WAThe firm represented an ad hoc group comprised of a large subset of the holders of WMB senior notes. The firm actively represented the interests of the group in connection with the chapter 11 cases of Washington Mutual, Inc. and WMI Investment Corp., resulting in a global settlement agreement and confirmed plan of reorganization that benefited all holders of WMB senior notes.
Vineyard Christian Fellowship of Malibu
Malibu, CAThe firm represented Vineyard Christian Fellowship in its chapter 11 case, which was filed to avoid foreclosure on the debtor's primary real estate asset. Vineyard is an ecclesiastical nonprofit California corporation. The firm successfully avoided the foreclosure and filed a plan of reorganization that allowed the debtor to refinance or otherwise dispose of church property while maintaining its ecclesiastical mission.
Nashville Senior Living
Salem, ORNashville Senior Living, LLC and more than ten related debtors involved operators of independent living, assisted living and memory care facilities nationwide, all managed by Salem Oregon-based Sunwest Management, Inc. The firm represents these debtors in their Nashville-filed chapter 11 cases.
Carlsbad, CAThe firm represented Barbeques Galore, the nation's leading specialty barbeque retailer, in its chapter 11 proceeding. The firm led the company through a "private sale" pursuant to section 363 of the Bankruptcy Code, whereby its business was sold on a going-concern basis to an affiliate of Grand Home Enterprises.
Century City Doctors Hospital
Los Angeles, CAA member of the firm represented secured lenders in the chapter 7 bankruptcy of this Los Angeles hospital and affiliated surgery center, including negotiating and implementing postpetition financing.
MedAvant Healthcare Solutions
Santa Ana, CAIn 2008, we represented Marlin Equity Partners, LLC in its acquisition of the electronic claims processing business of ProxyMed out of chapter 11 bankruptcy proceedings in Delaware in a transaction valued in excess of $20 million. MedAvant Healthcare Solutions, based in Santa Ana, California, is now a leading healthcare technology company that facilitates the electronic exchange of medical claims and clinical information among hospitals, doctors, medical laboratories and insurance payers.
Carson, CAThe firm is counsel to Western Nonwovens and affiliates in their chapter 11 case; prior to its bankruptcy filing, the company operated seven manufacturing sites and was a leading designer and manufacturer of dry laid durable synthetic nonwovens. The bankruptcy case effectuated prompt sales of substantially all of WNI’s assets 60 days after the filing, and a plan of liquidation is pending confirmation is expected to provide a recovery to unsecured creditors.
Estate Financial, Inc.
Paso Robles, CAThe firm represented the chapter 11 trustee in the case of Estate Financial Inc., which had over $350 million invested in over 500 secured real property loans and approximately 2700 investors.
LandSource Communities Development
Aliso Viejo, CAThe firm represented the creditors’ committee in the bankruptcy of LandSource and its affiliated companies. LandSource owns more than 50 communities across the United States with approximately 35,000 homesites and golf courses. Through the firm’s efforts, within 30 days of the appointment of the creditors' committee, the committee was able to defeat the onerous financing proposal presented by the debtors and the senior secured creditors. As a result, general unsecured creditors that were behind approximately $1.4 billion of debt — and in all likelihood out of the money — may receive a recovery as high as 75 cents on the dollar.
BDB Management and "Boots" Del Biaggio
Menlo Park, CAThe firm represents the chapter 11 trustee in this case. Mr. Del Biaggio is accused of defrauding investors and lenders of at least $50 million and perpetrating a Ponzi scheme. The case's most significant asset is a minority interest in a National Hockey League team.
Empire Land LLC
Rancho Cucamonga, CAThe firm represented Empire Land and eight of its affiliated companies in their chapter 11 case in Southern California. The companies were residential land, homebuilding, and financing companies that developed masterplanned communities and other land and construction projects located mainly in California and Arizona.
Global Motorsport Group
Morgan Hill, CAThis company was a manufacturer of specialty motorcycle parts and kits. The firm represented the company in its chapter 11 case, which involved an asset sale. A plan was confirmed in January 2010.
Studio City, CAThe firm represented Avanti Health System, the purchaser of a hospital from Karykeion in its pending chapter 11 case.
Answer Financial Inc.
Encino, CAThe firm was cocounsel to debtor Answer Financial Inc. (“AFI”) in its chapter 11 case. AFI markets and sells personal, auto, and home insurance in all 50 states via the internet and two call centers. A pre-packaged plan of reorganization was confirmed and AFI emerged from bankruptcy in approximately 60 days. The plan, which effectuated an effective balance-sheet restructuring that exchanged certain secured debt for equity, provided for 100% recovery for unsecured creditors.
Valley Health System
Riverside, CAThe firm represents the creditors' committee in this chapter 9 case of a system composed of three hospitals, a skilled nursing facility, and a medical office building in Riverside County, California.
National R.V. Inc.
Perris, CAThe firm represented the creditors' committee of this manufacturer and distributor of recreational vehicles in the United States and Canada. With 75 dealers in 30 states and 5 dealers in Canadian provinces, the debtors were the ninth largest manufacturer of Class A RVs in the country manufacturing 1,500 RVs annually. As counsel to the committee, the firm monitored and participated in the final build-out of the remaining RVs and the marketing and sale of the debtors' assets.
Pope & Talbot
Portland, ORThe firm served as cocounsel to Pope and Talbot, Inc. and its affiliates in their chapter 11 bankruptcy case. The company was located in Portland, Oregon and conducted business in two operating segments: (i) pulp, the raw material used in the manufacture of paper products, which the company produced and (ii) wood products. The company’s assets were sold during the course of the chapter 11 case.
Granite Bay, CAThe firm represented Dunmore Homes in its chapter 11 cases. Dunmore Homes was a leading builder in California with twenty-six communities in various stages of development, and $250 million in institutional and trade debt. The principals had guaranteed substantially all of the lender debt.
Thorpe Insulation Company
Long Beach, CAThe firm represents Thorpe Insulation Company in its chapter 11 case in the Central District of California. At one time, Thorpe was the largest independent mechanical insulation contractor in the western United States. Thorpe had over 2,000 asbestos claims pending against it when it filed for bankruptcy protection, and multi-district coverage litigation against its insurers. The firm is in the process of confirming a plan, over the objections of insurers, to establish a trust for administering asbestos claims and a channeling injunction under section 524(g) of the Bankruptcy Code. A member of the firm represented the asbestos-related settlement trustee appointed in this case.
Billing Resource (Integretel)
San Jose, CAThe firm represented the creditors' committee in the chapter 11 case of The Billing Resource, a billing aggregator. The debtor's assets were sold in a series of going-concern sales under section 363 of the Bankruptcy Code.
Chatsworth, CAThe firm represents the creditors' committee in the chapter 11 case of this middle-market manufacturer of electric scooters pending in Woodland Hills, California. The committee is composed largely of manufacturers located in the People's Republic of China. The company's assets were sold through the bankruptcy case.
Los Angeles, CADelta Entertainment was one of the world’s top independent music CD and video DVD labels in the “budget” sector. The firm represented the debtor in its liquidating chapter 11 case, efficiently liquidating its assets and negotiating favorable resolutions with two German banks resulting in both abandoning their positions as secured creditors in favor of the general unsecured creditors.
Carpenteria, CAThe firm represents this western U.S. retailer of wireless products its chapter 11 case in Santa Barbara. The firm obtained confirmation of the company's plan of reorganization within nine months, which provided for payment to creditors.
Custom Food Products (2007)
Carson, CAThe firm was cocounsel to the debtor in this case, a processor of meat for the fast-food restaurant sector. The debtor's assets were sold as a going concern and a plan was confirmed that resulted in a distribution to creditors.
Palm Drive Healthcare District
Sebastopol, CAThe firm represented the creditors' committee in this chapter 9 case of a healthcare district operating a hospital in Sebastapol, California.
Pleasant Care Corporation
La Canada, CARepresent the creditors' committee in this chapter 11 case (and several related cases) of California's second largest chain of skilled nursing facilities.
People's Choice Home Loan
Irvine, CAThe firm represented Irvine-based People's Choice Home Loan and two of its affiliates in their chapter 11 case. Warehouse line liquidity, repurchase requests, and reduced pricing for nonprime loans in the secondary market led to the filing. The company intended to utilize chapter 11 to explore financial and strategic alternatives with respect to its strong core assets.
Roman Catholic Bishop of San Diego
San Diego, CAThe firm represented the creditors' committee in the bankruptcy case of the Diocese of San Diego. Pleadings filed by the firm were instrumental in the bankruptcy court’s issuance of an order to show cause re contempt against the bishop, his counsel, all parishes, the parishes’ counsel, and two priests. The order resulted in the appointment of an expert whose report ultimately caused the Diocese to settle (dramatically increasing its initial offer to $198 million) and voluntarily dismiss its case.
Scotia, CAThe firm represented the creditors' committee in the bankruptcy case of Pacific Lumber Company and its affiliates. The case involved a wide range of timber-related assets, including over 200,000 acres of prime forestlands, a lumber mill, a cogeneration plant, and a company town. Through the efforts of the firm, the committee, as coproponent of a confirmed plan of reorganization, was successful in realizing an estimated 75% return for unsecured creditors, despite the fact that the company had approximately $900 million of senior secured debt and over $20 million in underfunded pension obligations.
Scotia Pacific Company
Scotia, CATwo members of the firm represented holders of in excess of $200 million of secured notes in the chapter 11 case of Scotia Pacific, an affiliate of Pacific Lumber, including in connection with two appeals to the federal Fifth Circuit Court of Appeals.
Prime Measurement Products
City of Industry, CAThe firm represented Prime Measurement Products, a global supplier manufacturer of molded plastics, in its chapter 11 proceeding. The firm led the company through a sale pursuant to section 363 of the Bankruptcy Code, whereby a major segment of its business was sold on a going-concern basis to Cameron Technologies.
OwnIt Mortgage Solutions
Agoura Hills, CAThe firm represented OwnIt Mortgage Solutions, a Southern California-based subprime mortgage lender in its chapter 11 case filed in Los Angeles. In 2005, OwnIt originated approximately $8.3 billion in subprime mortgage loans. A member of the firm represented the creditors' committee and subsequently the liquidating trustee in this case before joining the firm.
West Contra Costa Healthcare District
San Pablo, CAThe firm represents the creditors' committee in the chapter 9 bankruptcy case of West Contra Costa Healthcare District. The District is a public agency created for the purpose of owning and operating a hospital in San Pablo, California.
Spectrum Restaurant Group
Irvine, CAThe firm represented the creditors' committee for Spectrum Restaurant Group, Inc. Spectrum is the operator or former operator of such well-known casual dining chains as Grandy's, Prego, National Sports Grill, Harry's Bar & Grill, MacArthur Park and Guaymas. A plan was successfully confirmed in this case in August 2007.
San Luis Obispo, CAIn 2006, the firm filed a chapter 11 case for Copelands' Enterprises, one of the leading specialty sporting goods stores in the United States, with over 30 locations, and sales of over $150 million. The company sold off its assets in the chapter 11 case, and a plan of reorganization was confirmed in less than 12 months.
Upland Surgical Institute
Upland, CAA member of the firm served as the patient care ombudsman and consumer privacy ombudsman in this case, appointed pursuant to the Bankruptcy Code by the Office of the United States Trustee. The firm represented the ombudsman in the discharge of his duties in these two roles.
Prescott, AZThe firm represented the creditors' committee in this healthcare distribution company chapter 11 case. The company was sold and a distribution was made to unsecured creditors as the result of a carve-out given by the secured lender.
Fremont, CAThe firm represented the creditors' committee in this chapter 11 case of a cable-television hardware manufacturing business. The committee succeeded in returning a 100% dividend to creditors.
Death Row Records/Marion "Suge" Knight
Compton, CAThe firm is counsel to the official committees of unsecured creditors for rap music label Death Row Records and its founder -- "Suge" Knight. The cases are currently pending in the Central District of California. The Firm has been actively working with the two trustees appointed in the cases to sell the music catalog that includes recordings by Tupac Shakur and other rap music superstars.
SeraCare Life Sciences
Oceanside, CAThe firm represented the creditors' committee in the chapter 11 of a manufacturer and supplier of biological materials and services in its San Diego bankruptcy case.
Functional Restoration Medical Center
Encino, CAThe firm represented the committee in the chapter 11 case of this owner and operator of a chain of MRI centers throughout Southern California. In light of evident management issues, the committee successfully sought the appointment of a chief restructuring officer and thereafter participated in an extensive marketing of the debtor's assets. With the assistance of the committee, the debtor was able to negotiate significant reductions in the secured debt held by various secured creditors. Within three months, the debtor was able to sell its assets at the market's maximum value.
Future Media Productions
Valencia, CAPrior to the petition date, this DVD and CD replicator had significantly reduced its labor force and entered into an agreement for the sale of substantially all of its assets. The creditors' committee, represented by the firm, determined that the proposed sale, subject to an auction and certain other restrictions, would maximize the recovery for the general unsecured creditors. The firm was also successful in identifying certain assets of the debtor that could be monetized through litigation, and is currently involved in litigation in an attempt to maximize the recovery for general unsecured creditors.
Irwindale, CANellson Nutraceutical was a leading manufacturer of nutritional bars and powders. The firm represented Nellson in its chapter 11 case, in which the company successfully completed a going-concern sale of its business and subsequently confirmed a plan of liquidation. The company also had a Canadian subsidiary with Quebec operations that raised significant federal and provincial tax issues as well as local real property matters.
City of Industry, CAThe firm represented Olympia in its chapter 11 bankruptcy case in Los Angeles, California. The company was a leading seller of tools, gardening, and related outdoor products. The firm led the company’s winddown, played a leading role in effectuating the sale of the company’s assets, and confirmed a chapter 11 plan that ultimately resulted in full satisfaction of secured claims and material recoveries for priority unsecured creditors.
Union City, CAThe firm represented this high-tech distribution company located in Silicon Valley that had approximately $100 million in revenue. The company was successfully reorganized.
San Jose, CAThe firm represented this chapter 11 debtor, a publicly held technology company. Proxim successfully completed a going-concern sale of its business during the first sixty days of the case and subsequently confimed a plan of liquidation.
City of Industry, CAThe firm represented the creditors' committee in the chapter 11 case of Mercury Plastics in the Central District of California. Through the firm's efforts, the committee negotiated a consensual plan with the debtor's principals and outside investors that resulted in an 80% distribution to general unsecured creditors on the effective date of the plan.
Catholic Diocese of Spokane
Spokane, WAThe firm represented the official committee of tort litigants (the “TLC”) in the chapter 11 case of the Catholic Diocese of Spokane. The TLC obtained the first ever trial court judgment that parish real property is property of the diocese. The Diocese negotiated a plan of reorganization with the TLC that has been confirmed.
Los Angeles, CAThe firm served as counsel to the examiner appointed in the chapter 11 case of Palomba Weingarten in the Central District of California. The debtor owns and manages several companies related to a residential development project located in San Diego, California. The examiner was appointed, among other things, to analyze whether the debtor and her spouse have a valid and enforceable interspousal transmutation agreement and to investigate the debtor’s conduct of her businesses. With the assistance and counsel of the Firm’s attorneys, the examiner prepared and submitted a comprehensive report on the interspousal agreement issues and an extensive report on various financial/accounting matters. These reports involved the investigation and analysis of complex legal and factual issues that the Firm believes will impact the ultimate resolution of this pending chapter 11 case by increasing the distribution to creditors.
San Ramon, CAThe firm represented Sydran, a large franchisee of Burger King restaurants in the United States. The company successfully confirmed a plan of reorganization that effectuated a going-concern sale of the business.
Oakland, CACrescent was a leading West Coast-based specialty jewelry chain comprised of 123 stores located in 3 states with scheduled assets of $128 million and liabilities of $164 million. The firm represents the creditor's committee in this ongoing case, which currently features a sale process aimed at both strategic and financial buyers, together with efforts toward a negotiated plan of reorganization.
Newark, CAThe firm represented Fresh Choice in its chapter 11 case in the Northern District of California in 2004. The firm confirmed a plan of reorganization that provided for an estimated 95% to 100% recovery to general unsecured creditors. At the time that the plan was confirmed, Fresh Choice owned and operated forty-six restaurants in California, Texas and Washington under the names Fresh Choice, Fresh Choice Express and Zoopa, including one dual-branded Fresh Choice Express and licensed Starbucks retail store and one licensed Starbucks retail store.
San Jose, CAThe firm represented this display-technology venture and its Bermuda subsidiary in U.S. chapter 11 bankruptcy cases in the Silicon Valley. The companies had spent $650 million to develop one of the largest intellectual property portfolios in the field-emission display-technology industry, and had public debt of over $350 million. The firm coordinated U.S. and Bermuda insolvency proceedings and assisted the companies in selling the stock of the bankruptcy remote company without triggering defaults, maintained the patents and prosecution of patents applications pending sale, and arranged and consummated a sale to Canon Inc.
San Francisco, CAFlintkote manufactured and sold vinyl floor tiles, cement pipes, and other products. More than 157,000 personal injury and wrongful death claims due to asbestos exposure forced the company to file for chapter 11 protection. The firm is cocounsel for Flintkote in the case.
Glendale, CAThe firm is counsel to the creditors' committee in the chapter 11 bankruptcy case of Sega Gameworks in the Central District of California. Gameworks was formed in 1986 as a joint venture among SEGA Enterprises, DreamWorks SKG and Universal Studios. The enterprise, headquartered in Glendale, California, includes fourteen full-scale location-based entertainment centers and four traditional video arcades.
Metropolitan Mortgage & Securities
Spokane, WAIn 2004, a member of the firm was appointed, pursuant to a request of the United States Securities and Exchange Commission, to serve as the examiner in the bankruptcy cases of Metropolitan Mortgage & Securities and Summit Securities, two financial services companies with more than $3.5 billion in debt and facing significant allegations of financial fraud. The examiner's team, including the firm's attorneys Jeremy Richards and Jonathan Kim and forensic accountants, published two voluminous reports in six months, on time and within budget. The reports were the subject of compliments by opposing parties and the bankruptcy judge alike.
Santa Paula Memorial Hospital
Santa Paula, CAThe firm represented the County of Ventura in acquiring a hospital for the local healthcare department to operate.
San Jose, CAThe firm served as principal counsel to this leading provider of advanced telecommunications equipment in its successful chapter 11 reorganization. The firm guided Redback through confirmation of its prepackaged plan of reorganization in less than fifty days, resolving approximately $500 million of debt.
Chi Chi's & Koo Koo Roo
Irvine, CAThe firm represented the debtor Chi-Chi’s and its affiliated debtors in their chapter 11 proceedings, which included the Chi-Chi’s, Koo Koo Roo, and Hamburger Hamlet restaurant chains. The debtors sold their Koo Koo Roo and Hamburger Hamlet businesses as going concerns, sold the assets of Chi-Chi’s, and confirmed a liquidating plan.
Brobeck Phleger & Harrison
San Francisco, CAThe firm represented the law firm of Brobeck, Phleger & Harrison in its dissolution and winddown. The case involved a wide range of issues, including negotiating with landlords, lenders, and retired partners and advising the winddown committee on maximizing the value of partnership assets and fulfilling its duties to the various constituents.
San Mateo, CAThe firm represented this biotech company in its Chapter 11 case in San Francisco. The company developed knockout mice and related phenotypic, genotypic, and other data and information that it licensed to academic and commercial customers worldwide for research and development purposes. The company confirmed a plan of reorganization that repaid all of its unsecured creditors in full and reinstated all outstanding shareholder interests.
Los Angeles, CAIn this case, the firm represented the official committee of unsecured creditors in negotiating a restructuring of over $100 million of secured debt and $290 million of bond debt, all of which was accomplished in approximately four months.
Sun World International
Coachella, CAThe firm represented the official equity holders' committee of this company and its affiliates, which formed one of the largest growers, packers, haulers and marketers of fresh fruit and produce in California, with annual sales in excess of $200 million.
Wherehouse Entertainment, Inc.
Torrance, CAThe firm represented the committee for one of the largest retailers of prerecorded music in the United States in its second chapter 11 case. Substantially all of the assets of Wherehouse were acquired by Trans World Entertainment in a bankruptcy court-approved sale.
Redwood City, CAClarent, together with its worldwide subsidiaries, was a leading provider of software-based communications solutions that enabled service providers to deliver simultaneous transmission of voice, fax and data over Internet Protocol (IP) communications networks. The firm worked with the debtor to implement the sale of substantially all of the debtor's business assets, which sale was consummated less than sixty days after commencement of the case. The firm also handled the mediation of complex securities and insurance rescission litigation.
Sunnyvale, CAThe firm represented General Magic in its chapter 11 bankruptcy case in San Jose, California. The company was a publicly traded provider of voice infrastructure software products. The firm played a pivotal role in effectuating the sale of the company’s assets, including intellectual property, and confirming a chapter 11 plan that resulted in material recoveries by unsecured creditors.
Integrated Telecom Express
San Jose, CAThe firm assisted a publicly traded "fabless" semiconductor manufacturer with over $100 million in cas by reducing its landlord obligations by approximately $20 million through litigation in the bankruptcy court, thereby significantly increasing distributions to shareholders.
San Diego, CAThe firm represented the debtor in the successful reorganization of Peregrine Systems, a major producer and distributor of business software systems whose operations had been plagued by accounting fraud. The firm helped the Peregrine divest itself of its Remedy division in chapter 11 for more than $350 million and confirmed a plan of reorganization restructuring more than $400 million of debt and providing a recovery for both shareholders and securities' fraud claimants. Shortly after its exit from chapter 11, reorganized Peregrine was acquired by HP.
Health Plan of the Redwoods
Santa Rosa, CAThe firm represented a not-for-profit health plan with more than 100,000 members in this liquidating chapter 11 case in Northern California. HPR's shut-down, with the firm's assistance, resulted in a seamless transfer of members to other health plans, confirmation of its liquidating plan in only seven months, and distribution of more than 40 cents on the dollar to creditors.
San Francisco, CAThe firm guided Yipes, a leading national provider of broadband internet services to businesses, through a section 363 sale within ninety days after filing its chapter 11 case, subsequently reorganized its regulated utility affiliates through a merger transaction with the buyer, and confirmed a chapter 11 plan of liquidation for the remaining unregulated entities.
Powerplant Maintenance Specialists
Costa Mesa, CAThe firm represented the creditors' committee of this general contractor that refurbished power plants. Through a combination of litigation and negotiation by the firm, the anticipated distribution to creditors was estimated at 40 to 50%, significantly higher than expected at the beginning of the case.
San Jose, CAThe firm served as cocounsel to the creditors' committee in this case. A chapter 11 plan was confirmed.
Los Angeles, CAThe firm represented the creditors' committee for this Los Angeles based independent movie production and distribution company. Pursuant to a confirmed plan of reorganization, management and operation of the debtor’s motion picture distribution rights was assumed by the company’s secured creditor, and a fixed percentage distribution was carved out for general unsecured creditors under circumstances in which the secured lender recovered less than 100 cents on the dollar.
Emeryville, CAThe firm completed the liquidation of one of the leading publicly traded business-to-consumer web merchants and content providers through a series of "going concern" sales of separate business units, facilitating meaningful distributions to unsecured creditors.
Redwood, CAThe firm represented the bondholders' committee in the At Home Corporation (Excite@Home) chapter 11 case. Bondholder claims were in excess of $750,000,000. The firm was instrumental in obtaining key settlements that resulted in a consensual plan of reorganization and the creation of a bondholders trust to pursue litigation against certain former directors and controlling shareholders. The case involved innovative use of mediation by the firm to resolve complex intercreditor issues under the subordination provisions of bond indentures, as well as an innovative strategy to reject costly customer contracts and replace them with contracts worth hundreds of millions of dollars.
San Jose, CAThe firm developed and negotiated a prenegotiated chapter 11 restructuring for this publicly traded company, the nation's largest independent provider of high-speed, dedicated service-line internet access. The case involved approximately $1.4 billion in bond indebtedness, securities fraud claims exceeding $2 billion, and $120 million in new financing. Covad confirmed its plan of reorganization within four months of the chapter 11 filing, and existing equity holders retaining an approximate 85% ownership interest in the restructured company.
Glendale, CAThe firm was counsel to the creditors' committee of one of the largest Burger King franchisees in the country, with approximately 100 restaurants in California, Washington, Hawaii, Texas, and Virginia.
Precision Specialty Metals
Los Angeles, CAThe firm represented Precision Specialty Metals, a Los Angeles based manufacturer of high-precision metal products, in its Delaware chapter 11 filing. Pursuant to the chapter 11 proceeding, the assets of the company, which had suffered financial stress due to high debt leverage, were successfully marketed and ultimately sold to the prior owner of the company, preserving numerous jobs and providing a distribution to general unsecured creditors.
Foster City, CAWebvan Group and affiliates provided internet-based home delivery services for groceries and other products throughout the West before filing for bankruptcy in July 2001. Over $1 billion was invested in the companies and their operations prior to the filing. We assisted management in the orderly liquidation of the debtors' assets, and confirmed a liquidating plan in less than six months' time.
San Jose, CAThe firm represented the creditors' committee of Metricom, a wireless modem-based internet access provider with more than 60,000 subscribers in thirteen markets nationwide. The committee directed the liquidation of the debtor's assets.
Jacqueline C. Melcher
San Jose, CAThe firm represented the creditors’ committee in this San Jose-based bankruptcy case in which hostile litigation activities by a creditor forced the debtor to file a bankruptcy in order to provide the breathing room necessary to pursue an appeal of an adverse trial court ruling. With the firm’s assistance, the debtor and the committee confirmed a joint plan which paid every creditor in the case in full with interest, except for the hostile creditor, whose claim was separately classified and treated in order to allow payment of the greater creditor body to take place.
Los Angeles, CAThe firm represented Reed Slatkin, co-founder of EarthLink, in his chapter 11 case. Slatkin perpetrated one of the largest Ponzi schemes in the United States since that conducted by Charles Ponzi himself, raising nearly $600 million from wealthy investors. The firm helped to effectuate a significant dividend for unsecured creditors; a chapter 11 trustee eventually took over the case.
San Francisco, CAWe confirmed a liquidating plan of reorganization that included a comprehensive settlement with bondholders holding over $75 million worth of "death spiral" notes issued by a publicly traded new-media company that had been one of the world wide web's leading sports and content producers.
Track 'n Trail
El Dorado Hills, CATrack 'n Trail and its sister company, Overland Trading, are collectively one of the largest full-service specialty retailers in the United States focusing on a high-quality brand casual and outdoor footwear. The firm represents Track 'n Trail in its chapter 11 restructuring.
San Francisco, CAThe firm represented the parent company of Pacific Gas & Electric Company, California's largest gas and electric utility, in connection with the utility's chapter 11 case and related issues. The utility case is the largest chapter 11 filing in California history with more than $24 billion in assets and more than $18 billion in liabilities.
Fremont, CAThe firm represented the creditors' committee of Software Logistics Corporation d/b/a iLogistix, provided global supply chain management services to some of the largest technology companies in the world. The committee played a pivotal role in a going-concern sale and proposed a plan of liquidation for iLogistix that resulted in substantial recoveries for unsecured creditors.
Fremont, CAThe firm represented the creditors' committee of Software Logistics in its chapter 11 bankruptcy case in Oakland, California. The company was a privately held provider of logistics-oriented software products. Following the appointment of a chapter 11 trustee in the case, the firm assisted in effectuating a going-concern sale of the company’s assets, and confirming a chapter 11 plan that resulted in substantial recoveries by unsecured creditors.
Scottsdale, AZThe firm as cocounsel represented the official creditors’ committee of The Finova Group, Inc. and its affiliates in their chapter 11 bankruptcy case in Delaware. The Finova Group was one of the largest independent commercial finance companies in the United States, specializing in providing financing to middle market businesses. The firm assisted in negotiating a consensual plan of reorganization with the company that paid unsecured creditors 100% on their claims.
Simi Valley, CAThe firm represented the creditors’ committee in the Bugle Boy Industries bankruptcy case, a clothing manufacturer that operated several hundred retail stores nationally. Although a distribution to general unsecured creditors seemed unlikely when the cases were filed, the firm was instrumental in negotiating a liquidating plan that provided a distribution to unsecured creditors.
Custom Food Products
Carson, CAThe firm represented the trade creditors' committee in this case; unsecured creditors received significant repayment of claims upon confirmation of the debtor's plan of reorganization.
San Francisco, CAThe firm represented the committee for Northpoint, a nationwide provider of DSL internet services to 100,000 subscribers, with unsecured debt exceeding $520 million. The company's assets were sold to AT&T for $135 million.
Pacific Gateway Exchange
Burlingame, CAThe firm served as chapter 11 cocounsel to Pacific Gateway Exchange and certain subsidiaries, which operated a global telecommunications enterprise offering voice-based telecommunications, internet, and bandwidth services.
Health Source Medical Group
Los Angeles, CAThe firm represented an independent physician association in its liquidating chapter 11 case in Los Angeles, California.
Tri Valley Growers
San Ramon, CAAt the time of its chapter 11 bankruptcy, Tri-Valley was the largest canner of peaches in the nation and a major processor of tomatoes and tomato products. The firm was chapter 11 counsel to this nonprofit agricultural cooperative with annual revenues of approximately $800 million. With DIP financing put in place in advance of the summer "pack," the debtor was sold to its secured lenders through a negotiated plan of reorganization in a case that concluded in less than one year.
Landels, Ripley & Diamond LLP
San Francisco, CAThe firm represented Landels Ripley & Diamond, one of the most respected law firms in San Francisco. When the firm was not able to successfully complete a contemplated merger, it decided to seek chapter 11 protection in order to conduct an orderly wind-down of its business.
Superior National Insurance Group
Calabasas, CAThe firm is counsel to the liquidation trustee in bankruptcy court, resolving millions in claims arising out of reinsurance disputes and surety bond disputes. Previously it acted as counsel for the chapter 11 bankruptcy debtor and noninsurance company subsidiaries (e.g., service providers), which owned and operated the tenth largest workers compensation carrier in the United States. The firm was able to resolve the seizure of the insurance company subsidiaries by the California Department of Insurance and reorganize the debtors and sell the core business, thus preserving the potential for a meaningful distribution to creditors.
First Alliance Mortgage Company
Irvine, CAThe firm represented the official joint borrowers committee in the bankruptcy of this subprime mortgage lender. The committee represented over 18,000 individuals who had obtained mortgages from First Alliance. At the time of filing bankruptcy, the debtor was under attack by several state attorneys general, AARP, and individual borrowers all claiming that First Alliance used unfair and deceptive sales presentations in the solicitation of its mortgage loans. Through the efforts of the committee, the FTC, the various state attorneys general, among others, a plan of liquidation was achieved in which the consumer borrowers recovered over $60 million. The plan included a settlement of the litigation then pending against First Alliance, which at the time was the largest settlement ever achieved by the FTC in a consumer fraud case.
Henderson, NVAgriBioTech and its subsidiaries were the sixth largest producer of turf grass seed and forage seed in the world. The result of an industry roll-up of thirty four separate companies, AgriBioTech had combined revenues of approximately $400 million in the year prior to its bankruptcy. The firm negotiated far-reaching settlements with major constituencies and a series of going-concern sales before confirming a plan of reorganization. During the case, we developed a cross-border protocol and coordinated the chapter 11 case with a Canadian reorganization proceeding of a Canadian affiliate, including linking a U.S. and Canadian judge for combined videophone hearings.
Kirkland, WAA member of the firm sucessfully reorganized this regional retailer of family apparel.
Rodeo Canon Development Corporation
Beverly Hills, CAThe firm represented Robert Goodrich, the chapter 7 trustee in this case, which involved numerous appeals to the Bankruptcy Appellate Panel for the Ninth Circuit and to the Ninth Circuit Court of Appeals, and took over a decade to resolve. The trustee is paying all creditors in full with interest. The primary asset of the estate, Beverly Hills real property, was sold during the previous chapter 7 trustee's tenure. Subsequent to the sale, the United States Trustee (“UST”) became aware of a wide range of misconduct the former trustee had undertaken in his capacity as bankruptcy trustee. Rather than defend against the UST’s motion, that trustee withdrew; he was as subsequently convicted of bankruptcy fraud and sentenced to prison. Goodrich was then appointed trustee.
Sun Healthcare Group
Irvine, CAIn Sun Healthcare, the firm represented creditors facing significant claims in the chapter 11 case.
Los Angeles, CACounsel to the creditors’ committee in the chapter 11 bankruptcy case of Fedco, which operated a chain of general merchandise retail stores in Southern California with annual sales of several hundred million dollars and approximately $150 million of debt as of the petition date.
The firm represented Pacific Eyenet in its chapter 11 case. Pacific Eyenet provided management and billing services to Pacific Eye Inc., a Medical Group (“PEN MG”), a separate entity with an emphasis on the delivery of ophthalmic services. The debtor and PEN MG cooperatively operated fifteen clinics throughout Southern California. Prepetition, Pacific Eyenet’s only source of revenue was pursuant to a management agreement with PEN MG. PEN MG asserted that it terminated that agreement prepetition based on asserted breaches of contract. Pacific Eyenet asserted that it reserved its right to challenge the validity of the purported termination. The firm helped Pacific Eyenet negotiate with PEN MG for an amicable “separation” of assets and liabilities to resolve their differences. Because Pacific Eyenet’s efforts to obtain another source of income were unsuccessful, it was forced to liquidate its assets. The firm then assisted the debtor in negotiating a “separation agreement” with PEN MG, assisted in the sales of various clinic rights to the doctors working in those clinics, and assisted in closing other clinics and transferring assets as appropriate. During this period the firm also assisted the Debtor in negotiating use of cash collateral with its secured lender. After this case converted to chapter 7, the firm worked closely with counsel for the Trustee to ensure a smooth transition.
Los Angeles, CA, CA
Carlsbad, CALynx was a well-known manufacturer of high-end golf clubs and related equipment. The committee actively participated in negotiations of a “new value” plan with the company’s equity holders, which is expected to generate a return to general unsecured creditors of approximately 55%.
FPA Medical Management
San Diego, CAIn FPA, the firm represented creditors facing significant claims in the chapter 11 case.
San Diego, CAThe firm represented this general engineering contractor in its chapter 11 bankruptcy case in the Southern District of California. The company, whose origins date back to the early 1900s, was involved in the construction of much of San Diego’s road infrastructure.
Guy F. Atkinson Company
San Bruno, CAThe firm served as counsel for the creditors' committee in this chapter 11 case. Guy F. Atkinson Company was one of the largest construction companies in the United States, with revenue in excess of $450 million in 1996. Atkinson built the Grand Coulee Dam, the United Nations headquarters, and the Diablo Canyon nuclear power plant.
Associated Physicians of St. John's
Santa Monica, CAThe firm represented the creditors' committee in this liquidation of an IPA in Santa Monica.
Rampage Clothing Company
Los Angeles, CAThe firm represented the creditors’ committee in the chapter 11 cases of Rampage Clothing, a clothing retailer that specialized in young women’s clothing. The firm worked with the company’s advisors to arrange for a going-concern sale of its assets.
Monrovia, CAWe represented the official bondholders’ committee, which represented more than $53 million of secured debt, in the successful reorganization of Barry’s Jewelers, a 130-store retail chain. A plan was confirmed in just over a year; the bondholders acquired a 55% stake in the reorganized company. In addition, a member of the firm represented this debtor before joining the firm.
First Lenders’ Indemnity
Irvine, CAThe firm represented the trustee in the bankruptcy case of First Lenders Indemnity Corporation. First Lenders raised $80 million from investors purportedly to acquire automobile loans. In the course of their investigation, the firm and the trustee discovered that First Lenders was running a Ponzi scheme. The firm promptly commenced litigation to recover cash, real property, and other assets that the debtor had transferred to insiders and affiliates. The firm also litigated disputed liens affecting over $40 million of cash and automobile finance contracts.
Valencia, CAThe firm represented the chapter 11 trustee of Magic Ford, the fifth largest Ford Motor Company dealership in the United States, in connection with the disposition of its assets through a bankruptcy court-approved sale.
Corcoran Hospital District
Corcoran, CAThe firm represented two California governmental units in this chapter 9 bankruptcy case.
Los Angeles, CASizzler, the NYSE operator of the iconic international restaurant chain with annual systemwide sales of over $900 million as of the petition date, successfully confirmed chapter 11 reorganization plans within one year after the cases were filed.
Rancho Dominguez, CAThe firm represented the committee in the chapter 11 cases of B.U.M. International, a clothing retailer that specialized in casual sportswear brand for men, women, and children. As committee counsel, the firm conceived and confirmed a plan of reorganization for the owner of the B.U.M. Equipment® mark. The committee plan placed company’s assets and operations under the control of a corporation owned 100% by B.U.M.’s unsecured creditors.
Hamburger Hamlet Restaurants
West Hollywood, CAThe firm was counsel to the creditors’ committee of this regional chain of full-service restaurants and had primary responsibility for negotiating the sale of the company and a plan of reorganization.
San Fernando (Mission) Community Hospital
San Fernando, CAWe confirmed a plan of reorganization for this non-profit hospital corporation in its chapter 11 case. Aggressive litigation with its secured lenders facilitated a plan that paid creditors in full.
Gateway Educational Products
Through its chapter 11 case, this manufacturer and distributor of Hooked on Phonics® and other educational programs stabilized its operations, and successfully resolved over $400 million in class-action litigation claims against the company and its principals.The case concluded in a sale to a private equity firm.
San Fernando, CA
Heffernan Memorial Hospital District
Calexico, CAThe firm represented bondholders and formulated a consensual plan of adjustment in this chapter 9 municipal bankruptcy case.
Santa Ana, CAThe firm represented an official subcommittee of employee organizations in the Orange County chapter 9 case and represented the chairman of that employee subcommittee in his role as a member of the official creditors’ committee. Before he joined the firm, Henry Kevane served as counsel to the unsecured creditors' committee and played an active role in formulating, negotiating, and supporting passage of the county's pivotal recovery legislation.
House of Fabrics
Los Angeles, CAThe firm represented the official equity holders’ committee in the chapter 11 case of this national fabrics retailer. The firm successfully negotiated a plan of reorganization that provided for equity’s receipt of a small share in the reorganized company and valuable warrants to purchase an additional 15% of its stock.
El Monte, CAThis defense contractor, with sales exceeding $75 million and prime contracts with both U.S. and foreign governments, achieved a court-approved sale through which secured and trade creditors were paid 100% of their claims.
Encino, CAThe firm represented the chapter 11 trustee of a nonprofit healthcare company that owned and operated hospitals. The firm led successful efforts to negotiate and confirm a reorganization plan for the debtor.
Commonwealth Equity Trust
Sacramento, CAThe firm confirmed a plan of reorganization for this publicly traded real estate investment fund. It was one of the largest cases ever filed in California's Eastern District, with over $150 million in debt, approximately 29,000 shareholders, and more than $200 million in equity interests.
Carson, CAThe firm was counsel to the creditors’ committee of the Red Onion, a popular Southern California restaurant chain.
San Diego, CAWe represented an official bondholders committee, with more than $115 million of bond debt, in a reorganization involving the parent company to HomeFed Corporation, formerly one of the nation’s largest savings-and-loan institutions. We filed an involuntary petition in bankruptcy to prevent any dissipation of the holding company’s assets.
Los Angeles, CAThe firm was counsel to the creditors’ committee of this 54-store men’s apparel chain with locations throughout California.
Penguin's Frozen Yogurt/Penguin's Place
We confirmed a plan of reorganization in related chapter 11 cases for these affiliates of a multinational conglomerate, which were franchisors of a chain of approximately 100 yogurt stores throughout the western U.S.
Los Angeles, CA
America West Airlines
Tempe, AZThe firm represented the creditors' committee of America West, a major, Phoenix-based regional airline. The firm confirmed a consensual plan of reorganization based on a path-breaking strategic alliance with Continental Airlines. Creditors who received stock in the reorganized airline were repaid in full with postpetition interest.
First Capital Holdings Corporation
Los Angeles, CAA holding company whose insurance subsidiaries were seized by state insurance regulators, the bankruptcy of this multi-billion dollar concern was one of the nation’s largest and most complex insurance-related insolvencies. In addition to billions of dollars of contingent and disputed claims, the company had bank and public debt in excess of $400 million. The firm played the lead role in confirming a committee-generated plan of reorganization.
First Executive Corporation
Los Angeles, CAAs counsel for the creditors' committee in the bankruptcy proceedings for the parent company of Executive Life Insurance Company and Executive Life Insurance Company of New York, with unsecured debt, including contingent claims, in the billions of dollars, the firm took the lead role in negotiating a committee-sponsored plan of reorganization that was confirmed less than eighteen months after the bankruptcy was filed.
Los Angeles, CAWe confirmed a plan of reorganization for this owner/operator of more than thirty hotels in fifteen states, against which filed claims exceeded $50 million.
Los Angeles, CAThis chain of sixteen department stores confirmed a consensual plan of reorganization in which unsecured creditors received full payment on their claims of over $50 million, and equity holders received a substantial return on their investment.
Pizza Time Theaters
San Jose, CAThe firm represented the creditors' committee of Pizza Time, aka Chuck-E-Cheese, a national chain of theme pizza restaurants and associated video-game parlors. The firm was instrumental in obtaining consensual confirmation of the debtors’ plan of reorganization by its aggressive pursuit of a competing plan of reorganization that offered substantially less to subordinated debenture holders.
Los Angeles, CAThe firm represented the creditors' committee of this television production and distribution company and related entities, which faced unsecured debt totaling more than $100 million. We participated in a successful asset sale and negotiated a complex consensual plan of reorganization.
The firm represents an employer in the entertainment business being sued by the Pennsylvania Insurance Commissioner as liquidator of two insolvent insurance companies, for additional premium for workers compensation policies.
Los Angeles, CA
Commonwealth and Underwriters at Lloyd's
The firm defended these companies in several reinsurance disputes over substantial property losses involving the "follow the fortunes" doctrine and "late notice" defense; it was resolved through arbitration.
Los Angeles, CA
Executive Life Insurance Company
Los Angeles, CAThe firm was counsel to holders of more than $750 million in group pension annuity contracts issued by Executive Life Insurance Company of California in one of the nation's largest life insurance rehabilitations, and litigated its clients’ entitlement to maximum creditor recovery successfully.
Fremont General Insurance Group
The firm represents Fremont General Corporation in several litigations arising out of the regulatory oversight, conservation, and eventual liquidation of its insurance subsidiaries, which together constituted one of the largest workers compensation carriers in the nation. The firm is litigating with the California Department of Insurance on many issues arising out of workers compensation policies written by the insurance subsidiaries. We successfully defended a suit brought by the Bank of New York regarding special deposits it released to Fremont General's insurance subsidiaries.
Los Angeles, CA
Mission Insurance Group
Los Angeles, CAOur attorneys represented the 49% shareholder of the holding company in litigation with the California Insurance Department regarding the insurance subsidiaries’ workers compensation and property and casualty business.
Pannell Kerr Forster
Los Angeles, CAThe firm represented the creditors' committeee of accounting firm Pannell Kerr Forster in its chapter 11 case in Los Angeles. The firm pioneered the use of a class-action lawsuit to obtain a release for settling partners against claims of their former, nonsettling partners, relief that was not otherwise permitted in Ninth Circuit bankruptcy cases. This novel approach facilitated settlements with partners that enabled confirmation of a plan.
Reinsurance Association of America
Los Angeles, CAThe firm successfully represented the association constituting national reinsurers in blocking the final plan of liquidation for the Mission Estates.
Sizzler International - Australia
The firm represented Sizzler in a coverage dispute with the London Market regarding business interruption coverage for Sizzler's Australian operations.
Los Angeles, CA
Los Angeles, CAThe firm was counsel to the bondholders of Ticor Title Insurance Company's parent in its restructuring, which included the sale of Ticor Title Insurance to Chicago Title and full payment to the firm's clients.
Tier One Auto Supplier
The firm was counsel to a "tier one" automotive supplier (the identity of which cannot be disclosed) that manufactured and sold products to nearly all major global OEMs including General Motors, Ford Motor Company, Toyota Group, Volkswagen Group, and Chrysler Corporation. The company was comprised of over 30 corporate entities incorporated and/or located in 10 countries with more than $500 million in annual revenues. The company, which employed over 7,000 employees worldwide, avoided bankruptcy by closing a sale outside of chapter 11.
Los Angeles, CA
Worlds of Wonder
Fremont, CAThis Fremont-based toy company manufactured such popular toys as Teddy Ruxpin and Laser Tag. A consensual plan of reorganization was confirmed that provided for a sale of the company's assets.
Englewood, COThe firm is counsel to the creditor's committee of Sports Authority Holdings, Inc. and its affiliates, which cases are currently pending in the District of Delaware. As of January 30, 2016, Sports Authority operated 464 stores in 40 states and Puerto Rico, and five distribution centers located in New Jersey, California, Colorado, Georgia, and Illinois. The debtors posted net sales of approximately $2.6 billion and net losses, before taxes, of approximately $156.6 million for fiscal year 2015. The debtors have over $1.1 billion of institutional debt.
American Eagle Energy Corporation
Littleton, COThe firm is counsel to the creditors' committee in the American Eagle chapter 11 case pending in Denver. American Eagle is engaged in the acquisition, exploration, and development of oil and gas properties. The committee obtained a ruling preserving critical assets and rights for the benefit of unsecured creditors and successfully opposed the debtors’ request to sell their assets on the original expedited timeframe, deferring the sale process to allow more time to market the assets.
Allen Systems Group
Naples, FLThe firm served as counsel to Allen Systems Group, a Florida enterprise-software company, in its prenegotiated restructuring. Allen Systems filed its chapter 11 case confirmed its prepackaged plan of reorganization 37 days after the filing. Under the plan, administrative, priority secured tax and unsecured claims were paid in full. Secured creditors either had their claims reinstated or received the collateral securing their claims. The company’s long-term debt load was reduced by 60% while it was under court protection.
Naartjie Custom Kids Inc.
Salt Lake City, UTThe firm represents the creditors’ committee in the chapter 11 case of Naartjie Kids. Naartjie designs, manufactures, and sells children’s clothing, accessories, and footwear for ages newborn through ten years old. At the time of filing, Naartjie had 55 stores around the country, and over $18.2 million in liabilities.
Salt Lake City, UTThe firm was debtor's cocounsel to Sorenson Communications, Inc., provider of video relay communication services. Sorenson listed $645 million in assets against its roughly $1.4 billion in liabilities as of Jan. 31. The company emerged from chapter 11 bankruptcy in late April 2014.
Fox & Hound and Champps (2013)
Wichita, KSThe firm represented the creditors' committee in the chapter 11 cases of F&H Acquisition Corp. F&H, known publically as Fox & Hound and Champps, operates approximately 101 casual family-dining restaurants and sports bars located in 27 states. The general unsecured creditors were far out of the money in the case, so the firm assisted the committee in structuring a sale that would pay all administrative claims, including 503(b)(9) claims and stub-rent claims, and priority claims, as well as making sure that there was sufficient liquidity for the buyer to perform much needed capital expenditures. In addition, notwithstanding that the secured creditors were not paid in full, the firm was secured a recovery to the general unsecured creditors while also making sure that no unsecured creditors were sued for a preference.
Roman Catholic Church of the Diocese of Gallup (Diocese of Gallup)
Gallup, NMThe firm represents the official committee of unsecuredcreditors in the Diocese of Gallup’s bankruptcy cases. The diocese spans northwestern New Mexico and northern Arizona, including Native American reservations; in terms of square miles, the diocese covers an area the size of Wisconsin. The diocese has 53 parishes in New Mexico, 31 parishes in Arizona, 1 retreat center, and 12 schools.
Salt Lake City, UTThe firm represents iBahn Corporation and two domestic affiliates in their chapter 11 bankruptcy cases in Delaware. The company provides high-speed Internet access, digital television, video on demand and other services to guest rooms, convention facilities and other common areas at hotels worldwide. The firm played a pivotal role in effectuating the sale of the company’s assets.
Digital Domain Media
Port St. Lucie, FLThe firm is lead counsel to Digital Domain, a Hollywood special effects company started in 1993 by director James Cameron and the late special effects guru Stan Winston. The assets of debtor affiliate Digital Domain Productions were sold at auction; a speedy sale process was necessary to maintaining ongoing work relationships with Hollywood studios. PSZJ successfully sold the VFX business on what the court noted was an unprecedented timetable.
Caribe Media/Local Insight Media
Englewood, COThe firm was cocounsel to Caribe Media, which owned the publication rights for certain print and internet Yellow Pages directories in Puerto Rico and the Dominican Republic, and associated debtor Local Insight Media. The balance-sheet restructuring gave senior secured creditors stock in the reorganized entity and general unsecured creditors passed through the reorganization unimpaired. Caribe Media a 2012 Turnaround Atlas Award from Global M&A Network for "Media & Entertainment Turnaround of the Year."
Broomfield, COThe firm was counsel to ManagedStorage and its affiliates in their chapter 11 cases in Delaware. The debtors' business included monitoring and management of IT storage. After winning a contested debtor in possession financing motion, the firm engineered a 363 sale of substantially all of the debtors’ assets as a going concern.
Parent Company ("eToys")
Denver, COThe firm was counsel to The Parent Company and its subsidiaries during their chapter 11 winddown before the United States Bankruptcy Court, District of Delaware. At the time of their chapter 11 filings, the companies were a leading commerce, content, and new media company for families, including seven e-commerce sites and three revenue generating e-content sites. The firm negotiated and closed 13 sale transactions for the companies during the first 60 days of their cases and resolved issues with their lenders resulting in substantial recoveries for creditors.
Flying J Inc.
Ogden, UTThe firm represents the creditors' committee in the chapter 11 cases of Flying J and certain of its subsidiaries. The debtors and their nondebtor subsidiaries are a fully integrated oil company with operations in exploration, production, refining, transportation, wholesaling, and retailing of petroleum products. Flying J is one of the twenty largest privately owned companies in the US with 2007 revenues in excess of $16 billion. Flying J operates over 240 retail locations, including travel plazas, convenience stores, restaurants, motels, and truck stops in 41 states and Canada; its subsidiaries own and operate two oil refineries and a 700-mile common carrier oil pipeline in Texas.
Overland Park, KSThe firm represents the creditors' committee in the chapter 11 case of Brooke Corporation, which operated an insurance agency franchise business that collapsed amid allegations of financial fraud.
North Salt Lake, UTThe firm represented approximately 180 of the 200 affiliated Woodside Homes companies in their chapter 11 cases. The Woodside Group is one of the nation’s largest privately held home building and construction companies. Its businesses include acquiring and developing property for sale to homebuilders; overseeing the acquisition, development, and management of commercial, retail, multi-family properties and self storage facilities; and home sales. With gross revenues exceeding one billion dollars on a consolidated basis, the Woodside Group has built over 25,000 homes and has approximately fifty projects pending in eleven states.
Aspen Executive Air
Basalt, COThe firm represented Aspen Executive Air, which provided luxury jet travel services to upscale travelers seeking premier services. During the case, substantially all of the assets of Aspen were sold as a going concern. Aspen's chapter 11 plan of liquidation was confirmed in January 2009.
Trans Continental Airlines
Orlando, FLThe firm represents the official creditors’ committee in the chapter 11 case of Trans Continental Airlines and disgraced music promoter Louis J. Pearlman in their chapter 11 cases pending in the Northern District of Florida. Working cooperatively with the chapter 11 trustee and his professionals, the firm is seeking to enhance recoveries for creditors who were the victims of a Ponzi scheme estimated to have involved over $400 million dollars in assets by means of the investigation and institution of litigation against third parties and involvement in the criminal proceedings that led to Mr. Pearlman’s conviction, incarceration and cooperation with the trustee and federal authorities to uncover assets.
Englewood, COThe firm represented Maxide Acquisition in the sale of stock of its foreign subsidiaries located in Australia, Canada, Japan, the Netherlands, New Zealand and the United Kingdom. Maxide provides music and entertainment subscription services to business locations, consumer subscribers, and airlines.
Thornton, COThe firm represented the creditors' committee (and, postconfirmation, the liquidating successor) in the chapter 11 case of this leading specialty retailer of high-end home entertainment and consumer electronics, operating more than 75 stores. In less than a year from the petition date, the debtors and the committee jointly proposed and confirmed a plan of liquidation, which continues to return distributions to unsecured creditors.
Windsor Woodmont Black Hawk Resort
The firm was counsel to the official committee of unsecured creditors in this chapter 11 bankruptcy case filed in Colorado. At the time of the filing, the Black Hawk Casino was the largest casino in Colorado. The case resulted in a confirmed plan of reorganization and sale to Ameristar Casinos, Inc. with unsecured creditors receiving an approximate 86% recovery on their general unsecured claims.
Western Integrated Networks
Denver, COThe firm represented the creditors' committee of Winfirst, a "fiber to the home" provider of combined local telephone and cable-television service, together with high-speed internet access. Winfirst sold its assets to SureWest Communications as a going concern.
West Palm Beach, FLCooker Restaurant Corporation owned and operated 66 full-service “Cooker” restaurants located in Florida, Georgia, Indiana, Kentucky, Michigan, North Carolina, Ohio, Tennessee and Virginia. The firm confirmed a plan of reorganization in the case that provided for a distribution to creditors.
United Artists Theatres Company
Englewood, COThe firm represented this sixth-largest motion picture exhibitor in North America, with more than 200 theaters in 23 states. In less than a year from the petition date, the debtors successfully confirmed a plan of reorganization that provided for recovery in full by the unsecured creditors of certain debtors and a limited recovery for other unsecured creditors.
La Vida Llena
A member of the firm successfully negotiated and confirmed a prepackaged plan of reorganization for this retirement and assisted-care community financed with publically held bonds issued by the City of Albuquerque.
Englewood, CO, NM
Overland Park, KSOne of the nation's largest independent distributors of business telephone systems and a reseller of long distance service, TIE had over $100 million in annual sales. As a result of the firm's efforts, the company was sold as a going concern for approximately $43 million, and a plan of reorganization was confirmed.
Miami, FLA member of the firm represented the indenture trustees for over $300 million of subordinated debt in the Southeast Banking bankruptcy case in appellate proceedings before the federal Fifth Circuit Court of Appeals. The appeal involved a dispute between holders of senior and subordinated debt over the extent to which the senior debt could recover postbankruptcy petition interest out of distributions that would otherwise be made on the subordinated debt. The subordinated indenture trustees ultimately prevailed.
Mobile, ALThe firm is counsel to the creditors' committee in Signal International’s chapter 11 bankruptcy. Signal does offshore drilling rig overhaul, repair, upgrade, and conversion, as well as new shipbuilding. The company faced contentious litigation, including numerous lawsuits that resulted in a $200 million claim against the company. The committee negotiated substantial changes to the sale process, DIP financing, and a plan support agreement to significantly enhance recoveries to general unsecured creditors.
Pike Nursery Holdings
Norcross, GAThe firm served as committee counsel in connection with the chapter 11 bankruptcy case of Pike Nursery Holdings, a regional plant and garden supply retailer in the Southeastern United States.
Exide Technologies 2013
Milton, GAThe firm is special conflicts counsel to Exide Techologies, a major manufacturer of car and truck batteries that filed for bankruptcy protection in order to repair its finances amid rising costs for materials and the shutdown of an important operation. As of the filing, had $1.9 billion in assets and $1.1 billion in liabilities.
Global Aviation Holdings
Peachtree City, GAThe firm serves as conflicts counsel to Global Aviation Holdings and certain of its direct and indirect subsidiaries in their chapter 11 cases pending in the Eastern District of New York. Global Aviation is a leading provider of customized military, cargo, passenger, and commercial charter global air transportation services. The firm is handling matters on behalf of Global Aviation with respect to key aircraft equipment lease counterparties Boeing Company, Delta Airlines, and PEMCO World Air Services.
Clarksville, GAIn 2011, the firm represented a major private equity firm in its acquisition by a new platform company of all the operating assets of this middle-market manufacturing company as the successful stalking horse in a section 363 bankruptcy sale.
Tampa, FLThe firm represented the official creditors’ committee of Custom Cable Industries in its chapter 11 bankruptcy case in Florida. Custom Cable was full-line provider of connectivity and information transfer solutions. The company manufactured and distributed audio and video cables, patch cords, central office cables, fiber optic cables, and also designed and installed customized cable solutions for data transmission. The firm played an important role in negotiating a consensual plan of liquidation for the company that provided unsecured creditors with a recovery from a cash pool and proceeds from certain avoidance actions that are being pursued by a liquidating trustee.
Miami, FLThe firm represented the creditor's committee in Neff Corp., the thirteenth largest equipment rental company in the US as measured by equipment rental revenues. The company had approximately $600 million of debt that included several tranches of debt. The firm challenged the bank-supported plan of reorganization and successfully obtained a significantly higher payout to unsecured creditors.
Point Blank Solutions
Pompano Beach, FLThe firm represents Point Blank Solutions and its affiliates in chapter 11 cases filed in Delaware. The debtors are leading manufacturers and providers of bullet, fragmentation, and stab-resistant apparel and related ballistic accessories, used domestically and internationally by military, law enforcement, security, and corrections personnel, as well as government agencies. The firm negotiated a $20 million debtor-in-possession financing facility with Steel Partners II, which provided for the payoff of the existing secured loan and a continued, limited guaranty. The debtors are currently investigating a number of restructuring strategies to maximize value for all creditors.
Six Flags - Premier International
Duluth, GAThe firm was cocounsel to the creditors' committee in the Six Flags (Premier Int'l Holdings)chapter 11 case. Six Flags is the largest regional theme-park operator in the world, with twenty parks located across North America. A plan was confirmed that provided unsecured creditors with a 100% recovery.
Bonita Springs, FLThe firm represents the creditors' committee in the WCI Communities chapter 11 case. WCI develops homes and town residences, mainly in Florida.
Movie Gallery / Hollywood Video (2007)
Dothan, ALThe firm represented the creditors' committee in this chapter 11 case in Richmond, Virginia, involving approximately 4,200 retail locations.
Melbourne, FLAirnet Communications The firm represented the creditors' committee in this case that was pending in the United States Bankruptcy Court for the Middle District of Florida. The case resulted in confirmation of a plan of reorganization that provided for a material distribution to general unsecured creditors even though the general unsecured creditors were out of the money based upon the capital structure of the company.
Birmingham, ALPrice Oil and its affiliates supply gasoline fuel to approximately 100 convenience store owners and operators throughout Alabama and the Florida panhandle. The firm, as counsel to the creditors' committee, was successful in negotiating a global settlement by and among the lender, the debtors, major fuel supply companies, and other parties in interest. Unsecured creditors should receive a substantial recovery and other consideration,funded by the proceeds of the sale of the debtors' fuel contracts and other distribution assets.
Piknik Products Company
Montgomery, ALWe were counsel to the creditors' committee in this chapter 11 bankruptcy case in Alabama. Piknik was a manufacturer and packager of condiments and beverages. As counsel to the committee, we participated in several successful asset sales for the debtor's bottling and condiment equipment, as well as the real property where its beverage operations took place. We successfully negotiated a liquidation plan with the debtor and other creditor constituencies.
HomePlace of America
Gainesville, GAWe represent this national home and home-products retailer, which had 200 stores at the commencement of its pending chapter 11 case.
Orlando, FLThe firm represented this publicly traded company, the nation’s leading manufacturer of asphalt plants, soil remediation plants, combustion systems, and screening equipment for the road and highway construction industry, in its chapter 11 case in Florida. Initially commenced as an involuntary bankruptcy by the company’s lenders, which were owed approximately $110 million, the case resulted in a confirmed full payment plan that left existing equity intact.
Mariner Post-Acute Network
Atlanta, GAThe firm represented the creditors' committee in the bankruptcy case of Mariner Post-Acute Network and its affiliated debtors. In this case involving one of the nation's largest operators of skilled nursing facilities, the firm successfully negotiated for a distribution to general unsecured creditors in a case where no such distribution was expected. In addition, two firm attorneys represented the debtor in this case before joining the firm.
Lakeland, FLBreed Technologies and affiliates were worldwide leaders in the design, development, manufacture, and sale of vehicle safety components, and had annual revenues of $1.3 billion and debt of $1.6 billion as of the petition date. The firm successfully confirmed a chapter 11 plan that accomplished an internal reorganization.
NewCare Health Corporation
Atlanta, GAIn NewCare, the firm represented creditors facing significant claims in the chapter 11 case.
Catholic Diocese of Fairbanks
Fairbanks, AKThe firm represents the official creditors' committee of the Catholic Bishop of Northern Alaska, aka the Diocese of Fairbanks. Geographically, this diocese is the largest Catholic diocese in the United States. The population of childhood sexual abuse survivors consists almost entirely of Native Alaskans resident in rural Alaska. The firm, on behalf of the committee, sued the Diocese, all of the parishes in the Diocese, and affiliated Catholic entities to establish the scope of property of the estate and to recover avoidable transfers.
CHA Hawaii, LLC
Witchita, KSThe firm was cocounsel to the debtors, which owned two hospitals in Hawaii.
Honolulu, HIThe principal for a debtor in a Japanese bankruptcy case filed a state court action in Hawaii seeking to enjoin the Japanese trustee from exercising further control over assets of the debtor in Hawaii and declaratory judgment that the trustee should not have proceeded without US court authority. The firm filed a chapter 15 case in Hawaii bankruptcy court relating to the Japanese main cases, removed the state court action to the chapter 15 proceeding in the bankruptcy court, and moved for summary judgment on the principal's claims against the Japanese trustee. The court granted summary judgment. On appeal, the Bankruptcy Appellate Panel of the Ninth Circuit affirmed in a substantial reported decision, holding that neither the Bankruptcy Code nor Hawaiian state law required the trustee to seek a U.S. court order before exercising ownership rights over the Hawaiian corporations when the trustee was acting pursuant to valid Japanese court orders.