Friendly Ice Cream Corporation
Wilbraham, MAThe firm is 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 proposes an expedited operational restructuring and an efficient sale of the debtors’ assets to maximize a return for all parties in interest.
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, MAThe firm represents the debtor in FB Liquidating Estate, formerly known as Filene's Basement, an iconic name in value-price fashion retail with multiple stores in the eastern and midwestern United States. A going-concern sale of substantially all of the debtors' assets resulted in significant proceeds for the estate, the continuation of the Filene's Basement 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 prompt proposal of the liquidating plan. Creditors voted overwhelmingly to support the plan, under which unsecured creditors should receive recovery on their claims in excess of 75%.
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.
Sunnyvale, CAThe firm represented Adaptive Broadband in its chapter 11 bankruptcy case in San Jose, California. The company was a publicly traded pioneer in the wireless broadband access market. The firm played a leading role in effectuating the sale of the company’s assets and confirming a chapter 11 plan that ultimately resulted in full payment to creditors and material distributions to shareholders.
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.
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.
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.
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 the sale of young women's and girls' clothing and fashion apparel. Prior to filing for bankruptcy, G+G had stores and outlets leased throughout 48 states, Puerto Rico, and the Virgin Islands, and a distribution center in New Jersey. Shortly after filing, G+G obtained court approval for a sale of substantially all of its assets as a going concern. Thereafter, the bankruptcy court confirmed G+G's chapter 11 plan of liquidation approximately 11 months after the petition date. The liquidating trustee anticipates that creditor recoveries will be approximately 50% on the dollar. This outcome is outstanding in light of the fact that at the petition date the company was on the verge of administrative insolvency.
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.
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.
Breuner's Home Furnishings
Lancaster, PAThe firm represented Brueners Home Furnishings and its affiliates in connection with chapter 11 bankruptcy cases filed in the United States Bankruptcy Court for the District of Delaware. The company conducted an orderly liquidation of its retail operations and leasehold interests.
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.
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.
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.
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.
S & K Famous Brands
Glen Allen, VAThe firm represents the official committee of creditors in this chapter 11 case pending in Virginia. S & K Famous Brands is 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 Circuit City Stores, Inc. Circuit City was 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 (Bank of America) almost $800 million, and also owed its trade vendors approximately $650 million. There was also significant involvement in a related CCAA proceeding, as 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.
Houston, TXThe firm represents 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 company also provided such special-event services for the Democratic & Republican National Conventions, the Super Bowl, the Lollapalooza Music Festival, and Ironman competitions. The firm is currently advising the company with winding down its operations and negotiating the terms ofor 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 for 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 represents the ad hoc committee of motion picture studios in this case. The committee is comprised of the major motion picture studios that supply Blockbuster with over 80% of their inventory. The firm represented the same group in the run-up to the Movie Gallery/Hollywood Video chapter 11 commenced in early 2010, although upon the appointment of the studios to the official creditors' committee in that case, we transitioned to creditors' committee counsel. In Blockbuster, by virtue of certain studios having collateral and others having received critical vendor treatment, none of the studios sit on the official creditors' committee in that case.
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.
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.
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.
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.
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.
Back Yard Burgers
Nashville, TNThe firm is 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 retained as 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.
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 represents the postconfirmation liquidation trustee appointed under the plan confimred 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.
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.
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.
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.
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 filed in Delaware bankruptcy court. 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. 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.
Bakers Footwear Group
St. Louis, MOThe firm represented the official creditors’ committee of Bakers Footwear Group in its chapter 11 bankruptcy case in Missouri. Bakers was a national mall-based retailer of shoes for young women that operated approximately 216 stores around the country. The company was underperforming and the amount of secured debt was substantially greater than the value of the company's assets. Through various creative business solutions, the firm lead 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.
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 represents American Suzuki Motor Corporation ("ASMC"), the sole distributor in the continental United States of Suzuki automobiles, motorcycles, all-terrain vehicles, and outboard engines. During the four-month prebankruptcy filing period, the firm worked to prepare for a chapter 11 filing to terminate ASMC’s automobile division and continue the operation of the other three divisions in the event ASMC’s parent, Suzuki Motor Corporation, determined not to continue absorbing mounting losses of its American subsidiary automobile division. The firm structured a chapter 11 case that is designed to take no more than 150 days and should provide creditors as much as 100 cents on the dollar, including terminated automobile dealers. The reorganization will preserve the hundreds of ASMC motorcycle, all-terrain vehicle, and marine dealers while at the same time paying terminated automobile dealers and trade creditors up to 100 cents on the dollar.
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.
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 the chapter 11 Gordian Medical, which provides wound-care dressings and supplies to more than 4,000 nursing homes, hospices, and other facilities in 49 states. Gordian was compelled to file for bankruptcy protection after Medicare stopped reimbursing it for its products.
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, CAThe firm represented creditor’s committees in two of three chapter 11 cases filed by No Fear, 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 debtor-in-possession financing and rationalizing the company’s operations. The firm played a key role in conducting two extremely successful auctions in July; one for nearly $11 million of intellectual property, and a second for the ongoing retail operations. The two auctions ensured that No Fear’s unsecured creditors would receive a distribution and have a trading partner going forward from the salvaged retail operations.
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
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 the debtors in their chapter 11 cases in Wilmington, Delaware. The debtors 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. The debtors sold their 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 substantially all of the debtors’ 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 is 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. The company agreed to sell all of its assets and operations before filing its chapter 11 petition.
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.
Movie Gallery Inc.(2010)
Wilsonville, ORThe firm represents 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 represents 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 is counsel to the creditors' committee in these bankruptcy cases pending in the United States Bankruptcy Court, Central District of California (Santa Barbara). The Walking Company, together with Big Dog USA, Inc., and The Walking Company Holdings, Inc., are nationwide retailers of shoes and apparel who, as of February 2009, 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).
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 is counsel to Z Gallerie, a $200 million, family-owned, specialty home-furnishing retailer in its chapter 11 case. On October 8, 2009, 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 will maintain their ownership stake and the company will continue 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 represents this independent energy company engaged in the development and production of oil and gas through its offshore drilling facilities. The company has over $500 million in debt and generates over $200 million in revenue. Pacific Energy also filed a CCAA reoganization proceeding in Vancouver in order to enforce certain the US bankruptcy court orders in Canada because Pacific Energy's common stock traded on the Toronto Stock Exchange.
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 represents Robbins Brothers, one of the nation's largest retailers of engagement rings and other forms of jewelry, in its chapter 11 case pending in Delaware. The company, which operates stores in California, Illinois, and Texas, stated that it would be broken up into two parts and sold to pay off creditors.
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 specialty children’s clothing and goods retailers Right Start and Babystyle in their chapter 11 cases. Through their forty stores, the debtors had annual revenues of approximately $50 million. The debtors intend to conclude their going-out-of-business sale and file a plan of liquidation within ninety days after the petition date.
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.
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 represents 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.
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.
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 II
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 represents 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 intends 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.
Anaheim, CAThis owner and operator of forty-six restaurants nationwide was also involved in real estate development, owned one of the world’s largest collections of vintage World War II airplanes, and faced creditor claims in excess of $30 million. The firm negotiated a reorganization plan that offered unsecured creditors 100% of their claims plus interest.
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.
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 represents 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. OwnIt filed its chapter 11 case in late 2006.
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, CASam Maizel 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 Mr. Maizel 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, Sam Maizel 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. Sam'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.
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.
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, and with more than $24 billion in assets and more than $18 billion in liabilities, it is the second largest bankruptcy case ever filed in the United States.
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. Bugle Boy was a clothing manufacturer and operated several hundred retail stores throughout the country. Although a distribution to general unsecured creditors seemed unlikely when the cases were filed, a liquidating plan was confirmed in June 2002 that provided for a distribution to creditors.
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 were 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.
Rodeo Canon Development Corporation
Beverly Hills, CA
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.
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.
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, CAAs committee counsel, the firm conceived and confirmed a plan of reorganization for the owner of the world recognized B.U.M. Equipment® mark. The committee plan placed B.U.M.'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.
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, CACounsel 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.
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.
San Jose, 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.
San Jose, 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.
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 defensed 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, Inc.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.