National Presence
The firm’s strategic office locations allow us to handle the most significant bankruptcy matters throughout the United States and abroad, and file these cases in the jurisdiction that best meets a client’s objectives.
0th Circuit
Nexii Building Solutions
Vancouver, BC
Vital Pharmaceuticals
Weston, FL
Representation of Monster Beverage Corporation in its acquisition of Vital Pharmaceuticals (VPX) in VPX’s chapter 11 cases in the Southern District of Florida. Served as counsel to Monster in its acquisition of VPX, the parent company of energy drink brand Bang Energy, for $362 million. Prior to the chapter 11 filing in October 2022, VPX had more than $1.7 billion in liabilities, including Monster’s approximately $500 million in judgments against VPX arising from various lawsuits that posed a significant obstacle to VPX’s financial recovery. PSZJ helped guide Monster through numerous challenges, including regulatory hurdles, legal disputes, value discrepancies, and complex bankruptcy proceedings.
Cineworld Group
Brentford, UK
The firm is currently representing the creditors' committee in the chapter 11 bankruptcy case of Cineworld Group PLC, a movie theater chain. In September 2022, Cineworld, the world's second-largest movie theater chain, filed for bankruptcy protection due to the COVID-19 pandemic's devastating impact on the business. At first, the existing management refused to support a transaction that would maximize the company's value, but the firm helped change the course of the case by initiating a thorough marketing process.
LaForta - Gestão e Investimento Sociedade Unipessoal, Lda
Funchal Madeira, Portugal
In this chapter 11 case, in the United States Bankruptcy Court, for the Southern District of Texas, the firm represents the interests of the postpetition backstop lenders. Following the court’s approval of the DIP financing, the firm addressed the sale of substantially all of the debtor’s operating assets, which required appropriate court orders to transport the rig to the Bahamas. Throughout the case the firm addressed issues involving the offshore rig, international transportation issues, and rig operating and contract issues.
JP Lease Products Services Co.
Tokyo, JAPAN
The firm represented Korea Development Bank as a secured creditor in this chapter 11 case; the bank received payment in full plus default interest.
Alto Maipo Delaware LLC
Santiago, CHILE
The firm was co-counsel to Cerberus FSBA Corporate Credit Fund in the chapter 11 cases of Alto Maipo Delaware LLC and Alto Maipo SpA. Alto Maipo was incorporated as a special purpose company under the laws of Chile in 2011. Its primary business purpose was the construction and eventual operation of a large run-of-river hydroelectric project in the Andes Mountains, approximately 30 miles southeast of Santiago, Chile. Cerberus was a supporting party under the restructuring support agreement by which Alto Maipo ultimately confirmed its successful restructuring plan in May 2022.
Wardman Hotel Owner LLC
Washington DC
The firm was debtor counsel in the chapter 11 case of Wardman Hotel Owner, the debtor for the Wardman Park Hotel, a historic and century-old luxury hotel in Washington, D.C. The debtor filed for bankruptcy protection in January 2021, citing losses resulting from COVID-19-related shutdowns and a legal dispute with Marriott International, which operates the hotel. In September 2021, the court approved the debtor’s chapter 11 liquidation plan, which will distribute the proceeds of the hotel's $152,250,000 asset sale and settle the more than $87,000,000 in claims by Marriott. The plan received overwhelming support, with every voting creditor accepting the plan. The firm is counsel to the postconfirmation trust.
1st Circuit
Syncreon Automotive (UK)
Washington DC
Coal companies
Washington DC
Payless Holdings (2017)
Topeka, KS
The firm was counsel for the creditors' committee in the chapter 11 bankruptcy case of Payless Holdings and its related debtor subsidiaries in the United States Bankruptcy Court for the Eastern District of Missouri. Payless emerged from chapter 11 with a substantially deleveraged capital structure and a smaller retail footprint. The distributions to the general unsecured creditors (in the range of 17%-22%) were primarily funded by the proceeds of claims against the equity sponsors for dividend recapitalizations that were alleged to be fraudulent conveyances.
Great Atlantic & Pacific Tea Company (A&P)
Montvale, NJ
The firm was retained by the creditors’ committee in the bankruptcy of the oldest U.S. supermarket chain, operating 296 grocery stores. The company filed for chapter 11 protection three years after emerging from a previous trip through bankruptcy. The firm worked closely with trade creditors, landlords, unions, and buyers to develop a complex and creative sale process that saved over 18,000 jobs.
National Air Cargo
Orchard Park, NY
The firm was counsel to the creditors' committee of this air-based freight forwarding company in its chapter 11 case in the Western District of New York. At the time of its bankruptcy filing, National Air Cargo listed over $10 million of liabilities on its schedules.
Fired Up, Inc.
Lakeway, TX
The firm represented the creditors' committee in the chapter 11 case of Fired Up Inc., which owns, operates, and licenses Johnny Carino's Italian restaurants worldwide.
Friendly Ice Cream Corporation
Wilbraham, MA
The firm was co-counsel to Friendly Ice Cream Corporation ("Friendly's") and several affiliates companies, which included approximately 490 restaurants located in 16 states. In addition to their restaurant operations, Friendly's also manufactures a complete line of premium ice cream products distributed to more than 7,000 supermarkets and other third-party retail locations in 48 states. Through the chapter 11 cases, Friendly's implemented a comprehensive turnaround strategy designed to improve operations across all business segments, consummated a sale of its business and liquidated its remaining assets.
Evergreen Solar
Marlboro, MA
The firm served as co-counsel to Evergreen Solar in its chapter 11 bankruptcy case in the U.S. Bankruptcy Court for the District of Delaware. Evergreen manufactured String Ribbon® solar power products with its proprietary, low-cost silicon-wafer technology. The company’s patented wafer-manufacturing technology used significantly less polysilicon than conventional processes and its products provide reliable and environmentally clean electric power for residential and commercial applications globally. The noteholders agreed to support one or more asset sales as part of the restructuring.
Blockbuster Canada
Marlboro, MA
Persik Productions
Los Angeles, CA
The 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
Burlington, MA
Filene’s Basement was a retailer specializing in value-priced fashion with multiple stores in the eastern and midwestern United States. The firm obtained approval of a going-concern sale that resulted in significant proceeds for the estate, the continuation of the business and name under new ownership, and the preservation of the jobs of many of the company’s nearly 2000 employees. The success of the sale, combined with settlements with key constituencies, allowed for a prompt proposal of the liquidating plan that creditors voted overwhelmingly to support.
Carolina Fluid Handling
Easley, SC
The firm was retained as litigation counsel by the chapter 7 trustee in this case to prosecute avoiding actions. Carolina Fluids were designers and manufacturers of innovative fuel management and fluid handling systems for the automotive industry. They sold directly to the major automotive manufacturers in North America.
Smurfit-Stone
Easley, SC
Inyx USA
Manati, PR
The 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, MA
As 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.
Joan Fabrics
Tyngsboro, MA
The 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, NH
The firm served as counsel to the indenture trustee in this prepackaged chapter 11 case.
Foss Manufacturing
Hampton, NH
The firm represented the creditors' committee of this manufacturer of engineered fibers in its chapter 11 case in New Hampshire and represented 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.
Irving Tanning
Hartland, ME
The firm served as counsel to the creditors' committee in the case of Irving Tanning Company, which sells its treated and finished cow hides to manufacturers of leather products in the United States and worldwide. At the beginning of the case, the company's secured lender insisted 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.
Global Crossing
Hamilton, BERMUDA
The firm was conflicts counsel to Global Crossing Ltd, which provided integrated telecommunications solutions over an integrated global Internet Protocol (IP)-base fiber-optic network. A plan was confirmed in late 2002.
Caribbean Petroleum
Bayamon, PR
Caribbean 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.
Polaroid Corporation
Waltham, MA
The firm acted as cocounsel for the examiner in Polaroid's bankruptcy case filed in Delaware bankruptcy court. Polaroid and its related debtors were the leading instant-imaging company in the world and the only manufacturer of traditional chemical-based instant cameras and film in the United States. The examiner was appointed to review financial information and, among other things, investigate whether Polaroid’s accounting practices or irregularities materially undervalued Polaroid’s assets and/or resulted in an inappropriate liquidation of Polaroid’s assets.
Devon Convenience Holdings, Inc./Duke and Long Distributing Company
Waltham, MA
General Cinema Theatres
Chestnut Hill, MA
The 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.
Prime Succession
Erlanger, KY
The 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
Erlanger, KY
Equitable Life Assurance Society of America
Erlanger, KY
2nd Circuit
Vice Media
Brooklyn, NY
The firm represents the official committee of unsecured creditors in the chapter 11 bankruptcy of Vice Media, the global, multi-platform media company focusing on news and culture. According to the filing, the debtor’s rapid growth and resulting financial activity contributed to its liquidity challenges. Vice Media, which was valued at over $5 billion and spans the globe, in June 2023, filed for chapter 11 protection in New York. Promptly thereafter, a New York bankruptcy judge approved $60,000,000 in chapter 11 financing after a deal was struck to allow the unsecured creditors pursue litigation claims and potentially recover $12,000,000 in the debtor’s bankruptcy plan. Under the deal, certain payment clawback and commercial litigation claims that would have been sold with the rest of the company's assets will be given to a litigation trust to pursue on behalf of unsecured creditors. The plan will set aside $500,000 to fund the trust. The lenders also agreed to a recovery "waterfall" under which general unsecured creditors receive $12 million before the lenders recover on the $250 million in first-lien claims they have remaining after their credit bid. Even though the secured creditor would receive only about 50% on the dollar, the firm was able to secure a recovery for the unsecured creditors who were otherwise “out of the money.”
Athenex Inc.
Buffalo, NY
The firm represented Athenex, Inc., a publicly traded global oncology-focused biopharmaceutical company dedicated to the discovery, development, and commercialization of novel cell therapies for the treatment of cancer, aiming to develop safer and more efficacious cancer medication with over forty affiliates located in the U.S., Asia, South America, and Europe. The firm assisted the debtors in selling substantially all of their assets through an orderly disposition process, including an active auction with several rounds of overbidding, which resulted in the sales of major operating divisions. bankruptcy, The debtors confirmed a plan of liquidation in 121 days.
Carestream Health
Rochester, NY
The firm was debtor co-counsel to century-old X-ray and medical imaging company Carestream Health. The Rochester, New York debtor filed for chapter 11 bankruptcy protection in August 2022 to implement a prenegotiated plan to eliminate $470,000,000 in debt. The plan was successfully confirmed.
Voyager Digital Holdings
New York, NY
The firm is bankruptcy counsel to the lead plaintiff in the putative class-action litigation of Voyager Digital Holdings customers against Mark Cuban and the Dallas Mavericks pending in Florida federal district court. The firm successfully negotiated a stipulation with cryptocurrency brokerage Voyager to permit the class action to move forward. The firm also played an active role in opposing Voyager’s disclosure statement and sale motion, which resulted in Voyager removing nonconsensual third-party releases from its plan, preserving direct customer claims against the Cuban parties, and carving out claims that would have otherwise been transferred to FTX.
Madison Square Boys & Girls Club
New York, NY
Madison is a nonprofit company founded over 100 years that provides the youth in New York City’s most underserved communities with educational, recreational, and mentorship services at six clubhouses in the Bronx, Brooklyn, and Harlem. Madison was subject to approximately 150 childhood sexual-abuse claims involving individuals employed by or volunteering at Madison from as early as 1940s through the 1980s. The firm represents the Official Committee of Childhood Sexual Abuse Survivors in Madison’s chapter 11 case. Since the committee’s appointment, the firm has been engaged in mediation in an attempt to reach a global resolution regarding the claims against Madison. If successful, the firm will work with Madison to formulate a chapter 11 plan that will serve as the platform to make distributions to the childhood sexual-abuse victims.
The Roman Catholic Diocese of Rockville Centre
Rockville Centre, NY
The firm is counsel to the official committee of unsecured creditors in the chapter 11 bankruptcy of the Diocese of Rockville Centre. The filing came in October 2020 after the diocese was named in more than 200 lawsuits over sexual abuse allegations. The debtor is the largest Roman Catholic diocese in the U.S. to declare chapter 11 bankruptcy.
Town Sports International
Elmsford, NY
RTW Retailwinds (New York & Co.)
New York, NY
The firm was counsel to the creditors' committee in RTW Retailwinds and affiliated debtors in their chapter 11 proceedings in the United States Bankruptcy Court for the District of New Jersey. RTW, owner of New York & Co. and Lerner New York (among others), operates over 300 locations in various iterations include standalone and mall stores. The firm was instrumental in negotiating favorable terms with the debtors’ secured lenders and landlords. Recognizing the importance of an omni-channel platform in today’s retail environment, PSZJ was able to draw on its deep bench strength and relationships in the distressed retail sector, including real estate and business valuation experts, to ensure a robust sale process for the e-commerce platform and the opportunity for a significant go-forward brick and mortar footprint.
Maines Paper & Food Service
Conklin, NY
The firm was debtors' counsel to Maines Paper & Food Services in its chapter 11 bankruptcy. Maines was a 101-year old upstate New York-based foodservice supply chain services-and-products-distribution company with $3.5 billion in annual sales. The debtors’ largest secured creditor acquired substantially all of the company’s assets in a foreclosure.
Chinos Holdings (J.Crew)
New York, NY
The firm served as counsel to the creditors' committee of Chinos Holdings, which operates the J.Crew and Madewell brands, in the successful reorganization of over $2.0 billion of funded indebtedness. At the time of the filing, the debtors operated approximately 500 stores throughout the United States, the United Kingdom, and Canada. On behalf of the committee, the firm negotiated a recovery that doubled starting plan recoveries with a waiver of preference claims and significant payment to critical and foreign vendors and payment of all 503(b)(9) and stub-rent claims.
Rochester Drug Cooperative
Rochester, NY
The firm was counsel to the official committee of unsecured creditors, and is currently representing the liquidation trustee, of drug distributor Rochester Drug Co-Operative. The debtor filed for bankruptcy protection in March 2020 after it was unable to pay money owed to the United States Department of Justice pursuant to a deferred prosecution agreement. The committee negotiated a liquidating plan that gave control of substantially all of the debtor’s assets to a liquidation trust. The liquidation trust has recovered funds through A/R collection, asset sales, and litigation. It also commenced an action alleging breaches of fiduciary duties against certain former directors and an officer of the company.
Diocese of Buffalo
Buffalo, NY
The firm is counsel to the unsecured creditors’ committee in the chapter 11 bankruptcy of the Roman Catholic Diocese of Buffalo, New York. The debtor became the 22nd Catholic diocese in the country to file for bankruptcy protection as the Roman Catholic Church struggles with scores of sexual abuse claims. The diocese has at least 850 creditors, with estimated liabilities between $50 million and $100 million.
Diocese of Rochester
Rochester, NY
The firm is counsel to the creditors' committee for the Diocese of Rochester, the first New York diocese to file a bankruptcy after New York state passed a one-year window under the civil statute of limitations for child sexual abuse. The chapter 11 case involves unique issues of the interplay between the automatic stay protecting the Diocese and a statute-of-limitations window that provides a fixed period of time for commencing cases against affiliated nondebtor entities.
Barneys New York
Central Valley, NY
The firm was counsel to the creditors’ committee in the chapter 11 case of Barneys New York in the Bankruptcy Court for the Southern District of New York. The high-fashion, high-end iconic retailer faced declining revenue due to a confluence of factors, including increased online competition and substantial rent increases. Its estimated debt included $192 million in secured debt and another $100 million in unsecured trade debt.
HVI Cat Canyon Inc.
New York, NY
The firm represented the creditors' committee in the chapter 11 bankruptcy case of HVI Cat Canyon, an oil company that owned and operated hundreds of wells in central and southern California. Due to the mismanagement of prior principals, a chapter 11 trustee was appointed in the case. PSZJ worked closely with the trustee and his professionals to ensure that the interests of unsecured creditors were well represented. Ultimately, a sale was approved and substantially all of the estate’s assets will be sold as a going concern along with the assumption of substantial plugging and abandonment liability.
Weinstein Company
New York, NY
The firm is committee counsel in the chapter 11 bankruptcy case of Weinstein Company Holdings LLC and affiliates. The film studio filed for bankruptcy protection in the aftermath of numerous and highly publicized sexual misconduct allegations made against its co-founder Harvey Weinstein and The Weinstein Company. Women who were sexually abused and harassed are among the unsecured creditors with claims in the bankruptcy. The Weinstein Company listed more than $500 million in debts (excluding the sexual misconduct claims), of which $345 million is owed to banks and other secured lenders.
Orion Healthcorp
Jericho, NY
The firm was counsel to the liquidating trustee in multiple lawsuits against insiders (and friends of insiders) that received actual and constructively fraudulent transfers from the debtor, an enterprise of companies providing outsourced revenue cycle management services for physician practices. To date, the firm has recovered substantial assets that were transferred by former management, including valuable real property that was determined to be intentionally fraudulently transferred.
Bostwick Laboratories
Uniondale, NY
The firm was counsel to the committee of unsecured creditors in the chapter 11 bankruptcy case of cancer testing firm Bostwick Laboratories. The company filed for bankruptcy protection after the lab was impacted by a decline in medical insurance reimbursements that started in 2012. In April 2017, the debtor moved forward with an auction and sale process for its assets after securing approval for its $6,300,000 stalking horse agreement.
Big Apple Circus
New York, NY
The firm was pro bono counsel to the creditors’ committee appointed in the chapter 11 case of Big Apple Circus, a nonprofit performing circus and school for the instruction and artistic development of circus arts. The company commenced the case in November 2016 in the Bankruptcy Court for the Southern District of New York. It was sold as a going concern and continues to provide the community with its iconic circus and the charitable missions.
Phoenix Brands
Stamford, CT
The firm was debtor's co-counsel to Phoenix Brands LLC in its chapter 11 bankruptcy. The Connecticut-based company filed for bankruptcy protection in May 2016 after sales of its laundry and fabric products greatly decreased when competitors introduced single-use laundry detergents in 2012. The firm assisted in obtaining approval of an auction process that resulted in the successful sales of substantially all of the company’s assets through sales to separate bidders, achieving a $9 million increase from the initial stalking horse bids for the assets. The company later obtained confirmation of a liquidating plan that created a liquidating trust to administer the wind down of the estates. The firm continues to represent the liquidating trust in that capacity.
Aeropostale
New York, NY
Representation of the creditors' committee in the chapter 11 case of Aeropostale and its affiliates in the Southern District of New York. Clothing retailer Aeropostale operates more than 800 stores in the U.S. and Canada and through various licensing agreements in Latin America, Asia, Europe, and the Middle East. With substantial input from the committee, the debtors’ business was sold as a going concern to a consortium of landlords, liquidators, and an intellectual property firm that resulted in over 500 stores remaining open.
SFX Entertainment
New York, NY
The firm represented the litigation trustee for SFX Entertainment, following the firm's successful representation of the creditors' committee in the chapter 11 cases for this live events conglomerate that produces electronic dance music festivals worldwide. A chapter 11 reorganization plan was confirmed on a consensual basis and the company was reorganized. On behalf of the creditors' committee, the firm successfully preserved valuable litigation claims that were pursued by the litigation trust.
Quirky
New York, NY
The firm represented certain investors and the special committee of the board of directors of Quirky, Inc., a developer of crowdsourced inventions, and its affiliates. The New York-based company filed for bankruptcy protection in September 2015. During the case, the company sold its smart-home business Wink to Flextronics International, a supply chains solutions company and sold Quirky, Inc.’s remaining assets to Q Holdings, LLC.
Federation Employment and Guidance Service Inc. (FEGS)
Copiague, NY
The firm serves as counsel to the creditors' committee in the chapter 11 case of Federal Employment and Guidance Service, the largest nonprofit health and human services organization in the New York metropolitan area, which provides a broad range of health and social services to more than 120,000 persons annually.
Cache Inc.
New York, NY
The firm was debtors’ counsel to Cache Inc. and its affiliates in their chapter 11 cases. Cache was a publicly held women’s lifestyle specialty retailer targeting women ages 25-55. At the time of its bankruptcy filing, Cache operated 218 stores in 40 states nationwide. The firm assisted the company in obtaining court approval of a sale of substantially all of the assets to a liquidator buyer and successfully wound down the remaining business.
Namco
Manchester, CT
The unsecured creditors of this retailer pools, pool accessories and other recreational equipment sought the assistance of the firm to aggressively deal with the debtor's 1st lien lender, which was pushing for a chainwide liquidation. The firm worked to find an alternative strategy that led to a reorganization of the retailer, a distribution to general unsecured creditors who were substantially out of the money in a liquidation, and saved a customer and a tenant for the debtor’s vendors and landlords.
Southern Air Holdings
Norwalk, CT
The firm was counsel to the creditors' committee in the chapter 11 bankruptcy case of Southern Air Holdings, which was filed in the Delaware bankruptcy court. The debtor, a U.S. cargo line, filed for bankruptcy protection due to cutbacks in defense budget and U.S. troop reduction in Afghanistan. The debtor exited bankruptcy protection in April 2013 with substantially less debt and significantly improved operations.
Residential Capital
New York, NY
The firm was co-counsel 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 represented the committee in litigation over challenges to liens purporting to secure debts owed to certain noteholders in excess of $2 billion.
Christian Brothers
New Rochelle, NY
The firm represented the official committees of unsecured creditors of the Christian Brothers of Ireland, Inc. and the Christian Brothers Institute in two chapter 11 cases 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, NY
The 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 International
Latham, NY
The 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.
CIT Group
New York, NY
Two members of the firm represented funds and fund managers that were significant holders of debt issued by CIT Group including a foreign affiliate in connection with CIT's chapter 11 case.
R. Esmerian Inc.
New York, NY
The firm represents the examiner with expanded powers appointed in the chapter 11 cases of Ralph Esmerian and R. Esmerian, Inc. The debtors were the subjects of an involuntary bankruptcy in the wake of a chapter 11 case commenced by an affiliate of the debtors. After the examiner’s appointment, the debtors’ principal was arrested and ultimately pled guilty to bankruptcy fraud and other crimes. The firm advised the examiner in selling the debtors’ assets, investigating the debtors’ prepetition financial transactions, commencing litigation against third parties, resolving claims, and confirming a joint plan of liquidation with the creditors’ committee.
Lehman Brothers Holdings
New York, NY
Three members of the firm represented holders of large claims against Lehman Brothers Holdings and affiliates across the capital structure, including an affiliate in a proceeding under the Securities Investor Protection Act and affiliates that were subject to foreign proceedings.
DJK Residential/SIRVA
New York, NY
The 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 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.
Salander-O'Reilly Galleries
New York, NY
This 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. Postconfirmation, the firm has been representing the liquidating trust formed under the plan.
Empire Beef
Rochester, NY
In 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, CT
The firm represented 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.
G+G Retail
New York, NY
G+G was a national retailer specializing in young women’s and girls’ clothing and apparel. G+G had stores and outlets in 48 states, Puerto Rico, and the Virgin Islands, and a distribution center in New Jersey. During the restructuring, the firm obtained court approval for a sale of substantially all of the company's assets as a going concern and approval of a plan approximately 11 months after the petition date. Creditor recoveries were in the range of 50% on the dollar, which is an outstanding result considering the company was on the verge of administrative insolvency when it filed.
Calpine Corporation
New York, NY
Two members of the firm advised certain substantial holders of debt issued by Calpine and a member of the firm acted as appellate cocounsel for certain holders of Calpine's 6% convertible notes.
Coram Capital
New York, NY
The 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, NY
The 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
New York, NY
The 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, NY
The firm represented 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 confirmed a joint plan of reorganization with the creditors' committee.
Superior TeleCom
East Rutherford, NJ
The firm represented Superior TeleCom, a supplier of communications wire and cable products to telephone companies, in its chapter 11 case.
Combustion Engineering
Norwalk, CT
The 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, CT
The 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.
Dice
New York, NY
As 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.
Agway
DeWitt, NY
The 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.
American Tissue
Hauppauge, NY
The 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, NY
The 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.
Owens Corning
Fairport, NY
A member of the firm represented holders of $275 million of debt in the Owens Corning chapter 11 case, the world's largest manufacturer of fiberglass and related products.
3rd Circuit
Bed Bath & Beyond
Union, NJ
The firm represents the official committee of unsecured creditors in the chapter 11 bankruptcy of the storied Bed Bath & Beyond, which filed for bankruptcy protection in April 2023, blaming a loss of ground to online retailers, failed business strategies, and an ill-timed $1 billion stock buyback carried out just before the COVID-19 pandemic.
David's Bridal (2023)
Conshohocken, PA
The firm represents the official committee of unsecured creditors in the chapter 11 bankruptcy of wedding-dress retailer David’s Bridal. The debtor, which first filed for bankruptcy in 2018, filed for bankruptcy protection again in April 2023 due to the post-COVID-19 retail environment, inflation, and competition from online and secondhand retailers. After what seemed to be a full chain liquidation, the firm worked with the hundreds of landlords to reduce their rent structure, which led to a more desirable investment such that Cion Investment Corp. made an offer to purchase the company as a going concern, saving thousands of jobs. In July 2023, the debtor received court authority to sell its business to Cion Investment Corp., keeping 195 stores open, protecting thousands of jobs, and avoiding a total shutdown.
Party City
Woodcliff, NJ
The firm represents the official committee of unsecured creditors in the chapter 11 bankruptcy of party goods and Halloween specialty retail chain Party City Holdco, Inc., which filed for bankruptcy protection in January 2023 due to competition in the retail industry and years of financial losses. Party City had more than 750 stores throughout the United States, Canada, and South America.
Phoenix Services Topco
Radnor, PA
The firm was co-counsel to the prepetition lender and DIP Lender in the chapter 11 restructuring case of Phoenix Service Topco in the U.S. Bankruptcy Court for the District of Delaware. The company was the second largest service provider to steel mills domestically and the third largest globally, based on market position.
Sungard AS New Holdings
Wayne, PA
The firm represented the creditors' committee in the chapter 11 bankruptcy of Pennsylvania-based Sungard AS New Holdings LLC, which provides corporate IT services. The debtor filed for bankruptcy protection due to shifts in the IT business, above-market leases, and increased energy costs. In May 2022, the debtor reached a global resolution with the committee. The firm emphasized the three committee goals: the debtors’ business continuing as a going concern, the estates remaining administratively solvent, and obtaining maximum value for unsecured creditors. The presiding judge (Judge David Jones) stated to the firm’s attorneys, “thank you. I also appreciate the approach. I wish that every committee I saw looked at things in a commercial fashion and took a constructive approach to find — to finding a business resolution based on the facts that were presented. So I compliment your team for keeping that spirit in mind. You know, I'm now going to put you on the discussion circuit. And you'll now appear at every CLE for the next couple of years, on being a constructive committee, will be the title of your speech . . . I appreciate the approach.”
LTL Management LLC
New Brunswick, NJ
The firm currently represents Arnold & Itkin (A&I) as bankruptcy counsel in the chapter 11 case of LTL Management, a newly created and separate subsidiary of Johnson & Johnson (J&J) that was established to hold and manage claims in the cosmetic talc litigation. LTL filed for bankruptcy protection in October 2021. LTL was the result of a Texas two-step performed by J&J, which initially filed chapter 11 in North Carolina. PSZJ successfully moved to change venue, and the case was moved to New Jersey bankruptcy court. A&I then moved, with other parties, to dismiss the bankruptcy case. After the bankruptcy court denied the motion to dismiss the case, the U.S. Court of Appeals for the Third Circuit reversed the bankruptcy court and ordered the case be dismissed in a major precedential decision. In April 2023, the New Jersey bankruptcy court dismissed the case. Shortly after the dismissal order, LTL filed another chapter 11 case in New Jersey bankruptcy court.
Rockdale Marcellus, LLC
Cononsburg, PA
The firm represented the creditors' committee in the chapter 11 bankruptcy of Rockdale Marcellus. The debtor filed for bankruptcy with a prepetition marketing process to sell substantially all of its assets for approximately $50,000,000—substantially less than the 1st lien debt—leaving the 2nd lien debt and general unsecured debt out of the money. During the case, the debtors and the committee worked together to market the assets to three potential bidders. The firm got the bidders to not only increase their purchase price substantially, but also to assume the trade debt, giving the unsecured trade vendors a 100% recovery and a release of preference liability. The judge described the firms’ results as “stellar,” “fantastic,” and “excellent.” The firm’s outstanding work in this case was recognized by the Global M&A Network’s 2022 Turnaround Atlas Awards as a Mid-Market “M&A Deal of the Year.”
Ascena Retail Group (Ann Taylor)
Mahwah, NJ
The firm represented the creditors' committee of Ascena Retail Group (which owned the Ann Taylor, LOFT, Lane Bryant, Justice, Catherine’s, Lou & Grey, and Dress Barn brands) in its 2020 chapter 11 cases filed in the Eastern District of Virginia. At the time of filing, Ascena operated 2,800 retail locations across the country and had in excess of $2 billion of liabilities. On behalf of the committee, the firm negotiated a recovery that improved starting plan recoveries from a starting position of $500,000 to potentially up to $10,000,000 (a 20x increase) with a waiver of preference claims and significant payment to critical and foreign vendors and payment of all 503(b)(9) and stub-rent claims.
Cirque du Soleil
Montreal, QC
The firm was debtors’ co-counsel to Cirque du Soleil, the Montreal-based entertainment company and largest contemporary circus producer in the world, in its chapter 15 case. The debtors contemporaneously filed for relief under CCAA in Canada. To operate as a going concern, the company signed an agreement with its existing investors under which the group assumed Cirque's liabilities and invested $300 million to support a restart. As part of the investment, government body Investissement Québec provided $200 million in debt financing. Upon filing, Cirque produced shows in over 300 cities.
PES Holdings (2019)
Philadelphia, PA
The firm was co-counsel to PES Holdings LLC and related affiliates in their chapter 11 cases pending in the United States Bankruptcy Court for the District of Delaware. Headquartered in Philadelphia, PES owns and operates the largest oil refining complex on the U.S. Eastern seaboard. The refining complex, which spans 1,300 acres and has capacity to refine 335,000 barrels of crude oil per day, has been in continuous operation since the 1860s. The company completed a successful prepackaged plan and restructuring completed in August 2018. Following a June 2019 explosion at one of their refining facilities, the company filed for chapter 11 again in July 2019 to engage their stakeholders, insurers, and third parties around a value-maximizing plan transaction and to preserve and restore the operations of their refinery and maximize the value of their assets.
Ditech Holding Corporation
Fort Washington, PA
The firm represented the creditors' committee in the chapter 11 bankruptcy case of Ditech Holding Corporation, which had in excess of $5 billion in debt. Based on creative and novel arguments, the firm negotiated a substantial recovery for out-of-the-money unsecured creditors and second-lien lenders. The firm was awarded the "Deal of the Year Award (Financials)" by M&A Advisor for the representation.
Frank Theatres Bayonne/South Cove, LLC
Roseland, NJ
The firm represented the creditors' committee of this regional movie theater chain. On behalf of the committee, the firm successfully negotiated a consensual resolution to the case that resulted in a material recovery to unsecured creditors after the initial restructuring support agreement between the debtors and senior secured lenders provided for no such recovery.
David's Bridal
Conshohocken, PA
The firm was local counsel to the term-loan lender group in the chapter 11 bankruptcy of David’s Bridal, which filed to reduce its debt by $400 million. The debtor cited a heavy debt load amid changing consumer tastes in the wedding industry as the reason behind its filing. After staying open during the restructuring process, the debtor emerged from bankruptcy two months later.
Bon-Ton Stores
York, PA
The firm was committee counsel in the chapter 11 bankruptcy of Bon-Ton Department Stores and its affiliates. The chain of 200 regional department stores filed for bankruptcy protection in part due to an unprofitable holiday season and a competitive retail market. The company sought to sell itself as a going concern, but the sale process was not successful. After a lack of interest from buyers in the market, the committee helped form a consortium to buy the company, similar to what the firm did in the Aeropostale bankruptcy case that saved over 500 stores and more than 10,000 jobs. Unfortunately, performance at the Bon-Ton stores continued to worsen, eliminating all buyer interest, including from the consortium. The company decided it had no alternatives but to liquidate. The firm, working to protect the unsecured creditors, negotiated the release of over $400 million of potential preference payments made to unsecured creditors so that the hundreds of trade vendors and landlords would not be at risk of any clawback litigation. This case offers another example of how the firm, even in dire situations, can generate value and protection for unsecured creditors.
PES Holdings LLC (2018)
Philadelphia, PA
The firm was co-counsel to PES Holdings and eight of its subsidiaries, which filed prepackaged chapter 11 cases in January 2018 in the U.S. Bankruptcy Court for the District of Delaware. Headquartered in Philadelphia, PES owns and operates the largest oil refining complex on the U.S. Eastern seaboard. The refining complex, which spans 1,300 acres and has capacity to refine 335,000 barrels of crude oil per day, has been in continuous operation since the 1860s. PES successfully confirmed its prepackaged plan of reorganization in March 2018 with universal stakeholder support and commitments for over $260 million of new capital.
Aquion Energy
Pittsburgh, PA
The firm was lead counsel to this rising star among manufacturers of large-scale energy storage systems, which filed for chapter 11 in U.S. Bankruptcy Court for the District of Delaware in March 2017 amid struggles with fundraising from investors. The company, known for its aqueous hybrid ion battery technology, already had developed a microgrid for a California winery and just announced a partnership with Adara Power to make its storage systems remotely dispatchable. The firm assisted with a successful sale process that resulted in a buyer purchasing the company’s asserts after an auction for $9.16 million, well above the initial stalking horse bid price of $2.8 million. In December 2017, the bankruptcy court confirmed the company’s liquidating plan. Postconfirmation, the firm represented the liquidating trust that oversees review and reconciliation of filed claims and the winddown of the bankruptcy estates.
Horsehead Holding Corporation
Pittsburgh, PA
The firm was conflicts and local counsel to Horsehead Holding Corporation and its affiliates in their chapter 11 cases in the United States Bankruptcy Court for the District of Delaware. The Pittsburgh provider of specialty zinc and zinc-based products filed for chapter 11 protection to restructure its debt after missing an interest payment on its unsecured notes and incurring various other asserted defaults. Secured noteholders provided $90 million in debtor-in-possession funding in support of the reorganization. The court approved Horsehead’s plan of reorganization, overruling the objections of the committee of equity security holders that opposed the plan. Under Horsehead's confirmed plan, the noteholders who provided the debtor-in-possession financing received a majority stake in the reorganized debtor, purchasing 62.76% of new common equity for $160 million and purchasing an additional $100 million of new common equity to restart an idle production facility in Mooresboro, N.C. Horsehead’s plan of reorganization went effective on September 30, 2016.
East Orange General Hospital
East Orange, NJ
The firm was counsel to the purchaser of East Orange General Hospital in its chapter 11 bankruptcy case in the District of New Jersey in an acquisition estimated to be valued at over $100 million. As a result of a successful bid and sale closing, over 800 employee jobs were saved, and service remained uninterrupted to the hundreds of patients.
Essar Steel Algoma Inc.
Sault Ste. Marie, ON
The firm was U.S. counsel to the Canadian monitor appointed in the CCAA proceeding of Essar Steel Algoma Inc., a Canadian steelmaker that sought protection in the both the Canadian and U.S. courts amid an extended contract dispute with ore supplier Cliffs Natural Resources Inc., in connection with the related chapter 15 case filed in Delaware. With debt of more than $1 billion, Essar struggled with falling prices of steel and supply uncertainty due to the dispute with Cliffs.
Deb Stores
Philadelphia, PA
The firm was debtors’ counsel to Deb Stores Holding LLC and its affiliates in connection with their chapter 11 bankruptcy cases. Deb Stores was a mall-based retailer in the juniors "fast-fashion" specialty sector. At the time of filing, Deb Stores had 300 stores around the country, and over $120 million in liabilities. The firm assisted the company in obtaining court approval of a sale of substantially all of the assets to a liquidator buyer and successfully wound down the remaining business.
Ashley Stewart Holdings
Secaucus, NJ
The firm represented the creditors’ committee in the chapter 11 cases of Ashley Stewart Holdings, a women’s plus-size clothing retailer. Ashley Stewart was originally headed to liquidation, but the committee preferred to see the company continue. By developing a creative strategy, the firm was able to broker a global transaction among the debtors, the debtors’ secured creditors, the committee, and others to maintain the company as a going concern.
Physiotherapy Associates Holdings
Exton, PA
Dean Ziehl serves as the chair of the board of trustees overseeing the Physiotherapy Associates Holdings litigation trust. Physiotherapy Associates was the largest pure-play provider of outpatient therapy services in the United States with over 1500 clinicians and 581 rehabilitation, orthotics, and prosthetics clinics in 29 states and the District of Columbia.
Fresh & Easy Neighborhood Market
Wilmington, DE
The firm represented the creditors' committee of this west-coast based grocery chain that operated 167 Fresh & Easy store locations. The debtors offered basic grocery items and prepared “to go” food items, including many private-label Fresh & Easy branded products. On behalf of the committee, the firm was actively involved in the sale of substantially all of the company’s assets to Yucaipa in a transaction valued at more than $130 million and the disposition of other key assets to third-party purchasers. The firm successfully negotiated a plan that paid general unsecured creditors in full.
Strauss Discount Auto
South River, NJ
The firm represented 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 as of of the petition date. The case was filed in New Jersey bankruptcy court.
Prince Sports
Bordentown, NJ
The firm represented 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.
AFA Foods
King of Prussia, PA
Representation of AFA Investment and related affiliates in their chapter 11 case in the District of Delaware. AFA processed case-ready ground beef and quick-frozen hamburger patties to customers across the retail and food service market nationally. Serving as co-counsel, the firm aided in effectuating several sales of the company’s assets, including its five beef processing facilities.
Hellas Telecommunications (Luxembourg) V
London, UK
The firm represented a working group of senior secured noteholders of Hellas Telecommunications V as Delaware counsel. Hellas, a business entity organized in Luxembourg, existed 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
St. Laurent, Quebec
The firm represented 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, PA
The 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, DE
The 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.
Magna Entertainment
Wilmington, DE
The firm served as co-counsel 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, NJ
The 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.
Immunicon Corporation
Huntingdon Valley, PA
The 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, NJ
The firm represented the creditors’ committee of this less-than-full truckload company in its liquidating chapter 11 case, and played a pivotal role in ensuring that the debtors’ assets were liquidated effectively and for maximum returns, while investigating potential claims against the debtor's secured lenders and insiders.
Linens 'N Things
Clifton, NJ
The firm served as counsel to the ad hoc committee of holders of senior secured floating rate notes issued by Linens ‘n Things and Linens ‘n Things Center together with its affiliates, in the chapter 11 case of North America’s second largest specialty retailer of home textiles, housewares, and decorative home accessories.
Le-Nature's
Latrobe, PA
The 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 allowed for a liquidation trustee to pursue claims for the benefit of creditors.
Breuner's Home Furnishings
Lancaster, PA
The firm represented Bruener’s Home Furnishings in its chapter 11 bankruptcy cases. Breuner’s was a furniture company that operated for 148 years; its stores served California and Nevada before expanding to the east coast in the late 20th century. After the company declared bankruptcy, the firm oversaw the sale of its assets and closure of its retail stores. Breuner’s now operates solely through the internet.
DVI
Doylestown, PA
The 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 SEC, culminating in the preparation and submission of a comprehensive examiner’s report detailing an assortment of improper or suspect activities.
ACandS
Lancaster, PA
Representation of ACandS in its chapter 11 case in the District of Delaware. During the case, ACandS, an insulation construction company facing mass tort liability from its asbestos abatement work, 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.
Adelphia Communications
Coudersport, PA
The firm represented a swing constituency that held billions in bond debt and sat on a key ad hoc creditors' committee. We played an integral role in the settlement that was the catalyst for confirmation of a chapter 11 plan, and participated actively in the development and crafting of the approved plan.
Before joining us, a member of the firm also acted as special conflicts counsel to a group of bondholders of Adelphia as well as representing one of the bondholders directly.
Exide Technologies 2002
Reading, PA
The firm was cocounsel to Exide, one of the largest manufactures of lead acid batteries in the world, whose plan was confirmed in 2004.
Pennsylvania Fashions
Warrendale, PA
As 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.
Freedom Forge
Delaware Bankruptcy Court, Burham
The 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.
Pathmark Stores
Carteret, NJ
The 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, PA
The 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.
Inacom Communications
Malvern, PA
The 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.
Safety-Kleen
Richardson, TX
The firm represented Safety-Kleen and certain related affiliates in their chapter 11 bankruptcy case. Safety-Klean is a leading parts cleaner 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.
4th Circuit
Agway Farm & Home Supply
Richmond, VA
The firm represents the creditors' committee in the chapter 11 bankruptcy of Agway Farm & Home Supply, which filed for bankruptcy protection in July 2022. The debtor is a major wholesale product distribution company providing farm and home retailers with various supplies. The firm has been instrumental in maximizing value by ensuring a thorough sale and marketing process, which has improved outcomes for unsecured creditors.
Cafe Holdings
Taylors, SC
The firm represented the creditor's committee of Café Holdings Corp (dba Fatz Café), a quick-service restaurant chain with 38 locations in southern US. On behalf of the committee, the firm negotiated a consensual plan resolution that paid for all 503(b)(9) claims and waived preference claims against unsecured creditors.
Videology, Inc.
Baltimore, MD
The firm served as counsel to GroupM UK Digital Ltd. in the chapter 11 case of Videology, Inc. The debtor, an advertising-technology company, had estimated liabilities of more than $100 million.
Remington Outdoor Company
Madison, NC
The firm was debtors’ co-counsel to Remington Outdoor Company in its chapter 11 bankruptcy in the U.S. Bankruptcy Court for the District of Delaware. The company, one of the oldest firearm manufacturers in the country, filed for bankruptcy protection amid over $1 billion in debt and a decrease in sales. The firm guided the company to a successful confirmation of its reorganization plan that cut approximately $775 million from the company’s balance sheet and allowed it to emerge from bankruptcy with sufficient working capital to maintain its operations.
M&G USA
Apple Grove, WV
The firm was chapter 11 co-counsel to M&G USA Corporation and its affiliates, which comprised the "chemicals division" of Mossi & Ghisolfi S.p.A., formerly the largest privately owned chemicals company in Italy and one of the largest producers of polyethylene terephthalate ("PET") in North America. After commencing construction of what was contemplated to be the world’s largest vertically integrated PET plant in Corpus Christi, Texas, M&G experienced significant delays and massive cost overruns that ultimately precipitated its chapter 11 filing in the U.S Bankruptcy Court for the District of Delaware in October 2017. The company filed for bankruptcy with outstanding debt in the aggregate principal amount of nearly $1.7 billion. In December 2018, the bankruptcy court confirmed the company’s restructuring plan. After receiving antitrust approval, the company closed the sale of their Corpus Christi plant with a deal value in excess of $1 billion. The plan became effective on December 31, 2018. The chapter 11 plan provided for: (1) the payment or deemed payment in full of the company’s postpetition financing and prepetition first lien lender and other secured lenders, (2) the establishment of a reserve of $265 million to pay mechanics lien claims, and (3) the establishment of a litigation trust—funded by a cash pool of up to $50 million negotiated in connection with the sale of the Corpus Christi plant—to pursue and resolve claims and make distributions to creditors.
Hampshire Group Limited
Anderson, SC
The firm was creditors’ committee counsel in the chapter 11 bankruptcy of menswear supplier Hampshire Group. After failing to attract funding to facilitate a turnaround initiative, the company voluntarily filed for bankruptcy in November 2016. The company received a commitment from its senior secured creditor for the use of cash collateral to facilitate the orderly winddown of its licensed business operations.
USA Discounters Holding Company
Norfolk, VA
The firm was debtors’ co-counsel to USA Discounters Ltd. and certain of its affiliates in their chapter 11 cases filed in Delaware. USA Discounters was a retailer of furniture, appliances, electronics, bedding, jewelry, and other products through two separate brands: USA Living and Fletcher’s Jewelers. In early 2015, USA Discounters commenced an internally administered winddown of its receivables, inventory, and other assets. At the time of its bankruptcy filing, USA Discounters had completed the sales process and closed its USA Living stores but had not completed the sales process in its five remaining Fletcher’s Jewelers stores. The firm assisted the company in successfully winding down the business and its remaining assets.
Longview Power
Maidsville, WV
The firm represented the steering committee of secured lenders in the chapter 11 cases of Longview Power and its affiliated debtors in the United States Bankruptcy Court for the District of Delaware. Longview, an operator of electricity generating power plants, initially filed for chapter 11 bankruptcy protection because of a looming interest payment and to protect $59 million in letters of credit. After extensive negotiations among multiple parties with interests in the company, Longview confirmed a plan of reorganization that, among on other terms, paid the secured lenders in full and provided unsecured creditors with a distribution in excess of 22 percent.
Truland Service Corporation
Reston, VA
The firm acted as special litigation counsel to the chapter 7 trustee of a large DC electrical contractor; we were retained to prosecute claims against corporate insiders for breach of fiduciary duty and fraudulent transfers. The Truland matter was resolved after mediation on terms favorable to the bankruptcy estate.
Dex One Corporation
Cary, NC
The firm as co-counsel represented Dex One Corporation, a leading provider of yellow-page and digital directories and marketing services, in its prepackaged chapter 11 merger of equals with SuperMedia Inc. Dex One and SuperMedia, both publicly traded companies, filed separate but parallel prepackaged chapter 11 cases to consummate a stock-for-stock merger, amend or reinstate over $3.3 billion of debt obligations of the two companies, and maintain shareholder equity value in the combined enterprise. General unsecured claims received full payment under each of the plans.
AMF Bowling Worldwide
Mechanicsville, VA
The firm represented the creditors’ committee in the chapter 11 cases of AMF Bowling Worldwide and affiliates in the United States Bankruptcy Court for the Eastern District of Virginia. AMF was 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, NC
The 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
Hanover, MD
The 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.
KH Funding
Silver Spring, MD
The 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 were made pursuant to a joint plan of liquidation co-proposed by the debtors and the committee.
Luna Innovations
Roanoke, VA
The firm represented Luna Innovations in its chapter 11 case filed in Western District of Virginia. The developer of molecular and sensing technologies filed the bankruptcy case under the weight of a $36 million California state court verdict in favor of Hansen Medical Inc. The California state court jury found that Luna had misappropriated trade secrets after Luna and Hansen began exploring whether Luna's fiber-optic technologies could be adapted for Hansen's robotic catheter applications. Under a deal reached during the chapter 11 case, Luna agreed to pay Hansen $5 million in the form of a secured promissory note payable over four years, provided Hansen a license to Luna's sensing technology and granted Hansen shares of Luna common stock equal to 9.9 percent of the total outstanding shares, among other terms. On January 12, 2010, Luna confirmed a plan of reorganization which incorporated its settlement with Hansen, provided 100 percent recovery for creditors and allowed existing shareholders to keep their shares.
Qimonda Richmond
Sandston, VA
The firm was special counsel to Qimonda Richmond in its chapter 11 bankruptcy case in the U.S. Bankruptcy Court for the District of Delaware. The firm represented Qimonda in connection with its objection to over $290 million of claims asserted by lenders arising out of a complex, multi-party leveraged lease transaction. The claims asserted by the lenders included a makewhole claim. Following a summary judgment ruling in favor of Qimonda on various related issues spearheaded by the firm, a mediation, and months of negotiations, the firm was instrumental in concluding a settlement of the litigation that resulted in a substantially reduced allowed claim.
S & K Famous Brands
Glen Allen, VA
The firm represented the committee in this chapter 11 case in Virginia. S & K Famous Brands was a publicly held Virginia corporation engaged in the sale of men’s retail apparel. At the time of its bankruptcy filing, S & K Famous Brands had over 200 stores in the southeast.
Circuit City Stores
Richmond, VA
The firm represented the creditors’ committee in chapter 11 cases of Circuit City Stores, a consumer electronics retailer with more than 600 locations in the United States. At the time of the bankruptcy filing, the company owed its secured lender almost $800 million, and also owed its trade vendors approximately $650 million. There was also significant involvement in a related Canadian liquidating proceeding, because Circuit City had a 500+ store chain in Canada that was sold as a going concern to Bell Canada.
WorldSpace Satellite Company
Silver Spring, MD
The 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, NC
The firm was co-counsel to Hospital Partners of America, Inc. ("HPA"), which managed hospitals nationwide that are co-owned with physician investors.
MaxJet Airways
Dulles, VA
The firm representsed Maxjet in its chapter 11 case. Maxjet provided luxury intercontinental service between the US and London.
Tom's Foods
Columbus, GA
The 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.
RBX Corporation
Roanoke, VA
RBX 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, VA
We 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, GA
The firm served as counsel to the plan co-proponent and potential purchaser in this chapter 11 in Atlanta, Georgia.
Metrocall Inc.
Alexandria, VA
The 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.
Convenience USA
Durham, NC
The 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, MD
The 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 used the bankruptcy process to address their significant asbestos-related liabilities.
Crown-Simplimatic
Lynchburg, VA
The 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, MD
The firm represented a healthcare REIT in this Delaware bankruptcy of a major nursing-home chain.
5th Circuit
Lifesize Inc.
Laredo, TX
The firm currently represents the debtors in the consolidated chapter 11 bankruptcy cases of Lifesize, Inc. pending in the Southern District of Texas. The debtors, which provide video conferencing services and innovative solutions for customer service platforms, filed for chapter 11 protection in May 2023 and are currently in the process of selling substantially all of their assets pursuant to a court-approved auction process.
First Guaranty Mortgage Corporation
Plano, TX
The firm is counsel to First Guaranty Mortgage Corporation (“FGMC”), which filed for bankruptcy protection in the United States Bankruptcy Court for the District of Delaware in June 2022. Prior to filing for bankruptcy protection, FGMC operated as a full service, nonbank mortgage lender and was one of the leading independent mortgage companies in the United States that originated residential mortgages through a national platform. During its bankruptcy case, FGMC successfully negotiated settlement agreements with the Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal National Mortgage Association (Fannie Mae) and numerous other loan and servicing counterparties. As a result of these agreements, FGMC was able to propose and confirm a plan of liquidation in late September 2022. Under the confirmed plan, a liquidating trust was created to collect and liquidate assets transferred to the liquidating trust. The firm continues to act as counsel to the liquidating debtor and the trustee of the postconfirmation liquidating trust in completing those tasks.
Corsicana Bedding LLC
Dallas, TX
The firm represented the creditors' committee in the chapter 11 bankruptcy of Corsicana Bedding, one of the largest mattress manufacturers. The debtor filed for bankruptcy protection in June 2022 due to increased competition in the mattress industry, with plans to sell itself to top lenders. In October 2022, the debtor was acquired through a court-supervised auction under section 363 of the U.S. Bankruptcy Code. The firm was instrumental in securing maximum value for vendors, including a waiver of any preference exposure.
Talen Energy Supply
The Woodlands, TX
In this chapter 11 case, , in the United States Bankruptcy Court, for the Southern District of Texas, the firm represents the interests of the creditors' committee. The firm's involvement included issues of discovery from the debtors as well as various prepetition bond holders and secured lenders, in connection with litigation filed by the committee. Following commencement of litigation, the firm was instrumental negotiating a global settlement, reached following several days of court-approved mediation. In December, 2022, the bankruptcy court confirmed the debtors’ plan of reorganization (with an anticipated effective date in early 2023). Under the confirmed Plan, Michael D. Warner, a partner of the firm, was appointed the trustee under a trust created for the benefit of certain classes of general unsecured creditors.
Limetree Bay Services LLC
Houston, TX
Easterday Ranches and Easterday Farms
Austin, TX
The firm represented Easterday Ranches and Easterday Farms in their chapter 11 cases in the United States Bankruptcy Court for the Eastern District of Washington. The debtors operated significant cattle and farming operations, including farmland and orchards spanning approximately 22,500 acres over multiple farms and locations, as well as feed lot facilities for over 50,000 head of cattle, and related storage buildings, facilities, equipment, and other infrastructure. The “free-fall” chapter 11 cases required the firm to navigate a host of complex issues, including the postpetition operation of the debtors’ farming and ranching facilities, while conducting a value-maximizing sale and marketing process, with many material and active parties, including two official committees of unsecured creditors and the debtors’ equity holders.
Through the firm’s efforts, general unsecured creditors of Easterday Farms and Easterday Ranches were projected to recover approximately 100% and 80%, respectively, on their prepetition claims at confirmation. In confirming the Easterday debtors’ plan, the court remarked that the chapter 11 cases were a “great result” and a “triumph” of the chapter 11 process, despite the myriad challenges presented in the case.
Spherature Investments
Plano, TX
In this chapter 11 case, , in the United States Bankruptcy Court, for the Eastern District of Texas, the firm represented the interests of the creditors' committee. The debtors’ business consisted of multitiered marketing of travel packages worldwide. Through the entire case, the firm’s efforts were focused on the sale of the business as a going concern, including the negotiations with multiple interested buyers. In addition, litigation was addressed involvement the debtors’ prepetition secured lender, as well as postpetition financing and cash-collateral use. Ultimately, a plan of liquidation was confirmed by the court that resulted in the sale of the debtors’ assets and the creation of a trust for the benefit of unsecured creditors.
Studio Movie Grill Holdings
Dallas, TX
The firm was counsel for the creditors’ committee of Studio Movie Grill in Texas, which operated 33 “dine-in” movie theaters at the time of its bankruptcy filing in the midst of the COVID-19 pandemic. Through the firm’s efforts, unsecured creditors originally slated to receive nothing will now be beneficiaries of a meaningful trust and a significant litigation claim.
Valaris PLC
Houston, TX
The firm represented Daewoo Shipbuilding & Marine Engineering Co. (“DSME”) in the chapter 11 case of offshore drilling contractor Valaris, which filed for bankruptcy protection in August 2020 amid a challenging market environment. DSME, one of the “Big Three” shipbuilders of South Korea, was a major creditor in the bankruptcy. In March 2021, the debtor’s plan of reorganization was approved and confirmed by the bankruptcy court. The debtor emerged from bankruptcy in May 2021 with a strengthened capital structure, eliminating $7,100,000,000 in debt. As part of the bankruptcy negotiations, the debtor reached an agreement with DSME to amend its two newbuild drillship contracts to extend each delivery date to the end of 2023
Tuesday Morning Corporation
Dallas, TX
The firm represented the committee of equity holders in Tuesday Morning, a publicly traded company that filed for bankruptcy protection in the Northern District of Texas with immediate plans to close at least 133 underperforming store locations in the wake of the pandemic’s impact. Prior to the appointment of the equity committee, the debtors had filed both a plan of reorganization and a bidding-procedures motion to sell substantially all of their assets, with the stated intent to pivot toward one path or the other by October 2020. The equity committee regarded a reorganization as the only viable path to maximizing value for all constituents. Following a contested confirmation hearing, the judge confirmed Tuesday Morning’s reorganization plan and hailed the result as “wildly and surprisingly successful.”
Neiman Marcus Group
Dallas, TX
The firm was counsel to the creditors' committee in the chapter 11 bankruptcy cases of luxury retailers Neiman Marcus and Bergdorf Goodman in the Bankruptcy Court for the Southern District of Texas. The firm negotiated a favorable settlement following an extensive investigation into the prepetition transfer of the MyTheresa brand away from Neiman Marcus and potential claims arising from the transaction. Under the global settlement, unsecured creditors—originally slated to a negligible recovery under the debtors’ plan—will instead receive a combination of stock and a cash pool of $10.0 million for general unsecured creditors undiluted by any lender deficiency claims.
Roman Catholic Church for the Archdiocese of New Orleans
New Orleans, LA
The firm is counsel to the official creditors' committee for the Archdiocese of New Orleans. The case involves the claims of over 450 men and women who were sexually abused, as well as complex issues of the constitutionality of the Louisiana statute of limitations “window” for child sex-abuse cases and third-party releases for the benefit of Archdiocese affiliates and other entities.
Boy Scouts of America
Irving, TX
The firm is counsel to the tort claimants’ committee for the Boy Scouts of America, the largest scouting organization in the United States. As of the bankruptcy, thousands of men from all parts of the United States had asserted sexual abuse claims against BSA. The chapter 11 case involves the BSA, its 260 local councils, and thousands of organizations that are chartered to establish scouting troops.
Highland Capital Management
Dallas, TX
The firm is debtor counsel in the contentious and high-profile chapter 11 bankruptcy of Dallas-based investment advisor Highland Capital Management LP, which filed for bankruptcy protection due to a $189,000,000 legal claim over a fund that was frozen during the height of the global financial crisis. Total unsecured claims against the debtor totaled approximately $300,000,000. The case has resulted in two contempt findings against the debtor’s founder. Highland’s plan was confirmed in February 2021 and affirmed, in material part, by the U.S. Court of Appeals for the Fifth Circuit in September 2022. Litigation related to the case has expanded across multiple U.S. and international jurisdictions.
Erin Energy Corporation
Houston, TX
The firm represented the unsecured creditors’ committee in the chapter 11 cases of Erin Energy and its affiliates. Erin Energy is an E&P company with assets in multiple countries, including Nigeria. Litigation with a subsidiary of the international oil and gas company Eni SpA resulted in the shutdown of Erin Energy’s Nigerian operations, its default on certain debt, and, ultimately, its chapter 11 filing. The committee concluded that the company did not have a viable plan to restructure its operations in chapter 11 and moved successfully to convert the case to chapter 7.
EV Energy Partners
Houston, TX
The firm was co-counsel to EV Energy Partners, an independent oil and gas company engaged in the acquisition, operation and development of onshore oil and gas properties in the United States, in its U.S. Bankruptcy Court for the District of Delaware. On June 4, 2018, EV Energy successfully confirmed a plan of reorganization and emerged from chapter 11 as Harvest Oil & Gas Corp. The agreement reached with noteholders and lenders set forth in the plan eliminated approximately $355 million of debt and accrued interest from its balance sheet and significantly enhanced the company’s financial flexibility.
Cobalt International Energy
Houston, TX
The firm was counsel to the creditors’ committee in the Cobalt’s chapter 11 bankruptcy filed in Houston. Cobalt was an offshore oil and gas production company with operations in the Gulf of Mexico and West Africa. In the years leading up to its filing, Cobalt engaged in several exchange transactions, which the committee was prepared to challenge by filing a complaint with the bankruptcy court. Further, because Cobalt’s proposed plan of reorganization proposed to grant broad releases, the committee was mounted a confirmation objection to the plan. Through negotiations, the committee was able to pave the path for a consensual plan of reorganization, subsequently confirmed, that provided for nearly 100% payment to general unsecured creditors.
Seadrill Limited
Hamilton, Bermuda
The firm represented a major creditor in the chapter 11 case of Seadrill Limited and its affiliates. Seadrill Limited listed $11+ billion of liabilities at the time of filing and was the largest chapter 11 case to file in 2017. Seadrill is a world leader in offshore deepwater drilling. The plan went effective June 2018.
Ignite Restaurant Group
Houston, TX
The firm was counsel to the committee of unsecured creditors in the chapter 11 bankruptcy of Houston-based Ignite Restaurant Group, the operator of the Joe’s Crab Shack and Brick House Tavern restaurant chains. The stalking horse bidder agreed to buy both Joe’s Crab Shack and Brick House Tavern, and other companies were allowed to bid through the court-supervised auction.
Forbes Energy Services
Alice, TX
The firm was lead counsel to Forbes Energy Services, an independent oilfield services contractor located in Texas with over $330 million of debt. Prior to the chapter 11 filing in Houston, the firm negotiated a restructuring with the bondholders where all their debt was converted to new equity, as well as providing new employment and management incentive contracts for management. A prepackaged plan was confirmed.
Rita Restaurant
Dallas, TX
The firm was creditors' committee counsel in the chapter 11 case of Rita Restaurant Corporation, which operates 16 Don Pablo’s and one Hops Grill and Brewery in 10 states. The company filed for chapter 11 protection in the United States Bankruptcy Court in San Antonio in October 2016. After an investigation into an insider secured claim, the firm negotiated a consensual plan of reorganization that provided for an approximately 11% distribution to general unsecured creditors even though general unsecured creditors were out of the money.
Last Call Guarantor (Fox & Hound, Bailey's Sports Grille, Champps)
Dallas, TX
The firm represented the creditors’ committee in the chapter 11 case of Last Call Guarantor, owner of sports-bar chains Fox & Hound and Champps. The firm had represented the committee in the company's first filing in December 2013, in which the firm obtained a meaningful recovery for general unsecured creditors while making sure no preference actions were brought against unsecured creditors and reducing the amount of the company's secured debt. After purchasing the assets in the first bankruptcy case, the debtors’ turnaround efforts were not successful; in 2016, the buyer filed for chapter 11 again. In the 2016 case, the debtors moved quickly for a sale, and the firm made sure that landlords received payment for stub-rent claims and trade creditors received payment for 503(b)(9) claims. Additionally, as in the first case, the firm made sure that no unsecured creditor was sued for a preference or fraudulent transfer claim.
International Shipholding Corporation
New Orleans, LA
The firm served as counsel to the creditors’ committee in the chapter 11 bankruptcy of International Shipholding Corporation, which operates a diversified fleet of vessels that provide maritime transport service to commercial and governmental customers. The debtors confirmed a reorganization plan negotiated with the committee that resulted in a successful going concern and a distribution to unsecured creditors.
Paragon Offshore PLC
Houston, TX
The firm was co-counsel to the Paragon Litigation Trust, which was formed upon confirmation of the chapter 11 plan of Paragon Offshore plc. Paragon filed for chapter 11 in February 2016 in the U.S. Bankruptcy Court for the District of Delaware. The Paragon Litigation Trust was formed to, among other tasks, pursue claims against Paragon’s former parent company and other directors and officers as a result of a spin-off in February 2014.
Magnum Hunter Resources Corporation
Irving, TX
The firm was debtor’s co-counsel to Magnum Hunter Resources Corporation (and its affiliates), a publicly traded oil-and-gas exploration and production company. Based in Texas, the company entered chapter 11 bankruptcy with a negotiated restructuring support agreement.
Brinkmann Corporation
Dallas, TX
The firm was counsel to Outdoor Direct Corporation f/k/a Brinkmann Corporation and its affiliates, including National Consumer Outdoors Corporation f/k/a Dallas Manufacturing Company, in their chapter 11 bankruptcy cases in Delaware. Prior to filing bankruptcy, the companies were international manufacturers and suppliers of pet-bed products, outdoor lighting products, and barbecue grills. Based in Dallas, the companies entered chapter 11 bankruptcy with plans to sell their pet-bed business as a going concern and liquidate their remaining assets after the relationship with their principal customer and retail outlet was terminated. The bankruptcy court approved the sale of the companies' pet-bed business approximately one month after entering for $61 million—an approximate 65% increase in the stalking horse bid.
ERG Resources
Houston, TX
The firm was counsel to the creditors’ committee in the ERG Resources chapter 11 case. ERG produced crude oil and natural gas in the Cat Canyon Oil Field in Santa Barbara County and filed for bankruptcy with the intention of selling substantially all of its assets. The committee reached agreements with the debtor and the secured lender in the case that enhanced recoveries for unsecured creditors.
KiOR Inc.
Pasadena, TX
The firm represented Khosla Ventures in connection with the chapter 11 case of KiOR, Inc. in Delaware. KiOR was a next-generation renewable fuels company with a proprietary technology platform converting biomass into renewable crude oil that is processed into gasoline, diesel and fuel oil blendstocks.
GSE Environmental
Houston, TX
The firm served as debtor’s co-counsel representing GSE Environmental, the leading global manufacturer and marketer of geosynthetic lining solutions, in its prearranged chapter 11 cases. Prior to filing, GSE reached agreement with its secured lenders on a financial restructuring plan that would equitize approximately $170 million in funded debt and provide additional capital for GSE on a going forward basis. The firm assisted GSE in obtaining confirmation of its restructuring plan less than three months after GSE filed its chapter 11 cases. The plan provided payment in full for the company’s trade vendors that agreed to return to market trade terms and provided a meaningful recovery to its remaining unsecured creditors.
Energy Future Holdings
Dallas, TX
The firm was co-counsel representing holders of second -lien debt of Energy Future Intermediate Holdings, a subsidiary of Energy Future Holdings formerly known as TXU, the Texas utility company in one of the largest, complex and expensive bankruptcies in history. EFH was created in 2007 when private equity firms KKR and TPG Capital and Goldman Sachs acquired TXU Energy and its affiliated companies, Oncor and Luminant Energy, for $42 billion in the largest leveraged buyout in U.S. history. The economy fell into a recession in 2009, and the price of natural gas plummeted as the result of increased production from fracking. EFH found it difficult to service its debt loan and filed for chapter 11 bankruptcy in Delaware in April 2014 along with 70 affiliate companies. The firm guided the second lien debt holders through difficult and complex issues through several years during the chapter 11 cases, which eventually culminated in approval of EFH’s restructuring plan in February 2018.
Maxcom Telecomunicaciones
Houston, TX
The firm as co-counsel represented Maxcom Telecomunicaciones, S.A.B. de C.V., a Mexican telecommunications provider, in its prepackaged chapter 11 cases filed in the U.S. Bankruptcy Court for the District of Delaware. Under the prepackaged chapter 11 plan, Maxcom, private equity firm Ventura Capital Privado, S.A. de C.V., an ad hoc group holding an aggregate amount of approximately $86 million of certain notes, and certain of its prepetition equity holders reached agreements on the terms of restructuring support and recapitalization agreements. Ventura agreed to make a $45 million capital contribution and conduct a tender offer pursuant to U.S. and Mexican securities law to acquire up to 100 percent of the issued and outstanding shares of Maxcom. General unsecured claims received full payment under the plan. The bankruptcy court confirmed the plan in September 2013, allowing the company to exit bankruptcy in October 2013.
NE Opco (2013)
Frisco, TX
The firm represented the committee in this administratively insolvent case that appeared to be headed towards liquidation. The firm started to negotiate with the debtor, which produces custom envelopes, and its direct competitor on the terms of a potential sale that would ensure the unsecured creditors would not be sued for a preference, guarantee a recovery to unsecured creditors, and preserve hundreds of jobs.
Highway Technologies
Houston, TX
The firm represented Highway Technologies in its chapter 11 case, which was one of the largest traffic safety companies in the United States and a national leader in providing temporary and permanent roadway traffic management and safety services, including pavement marking installations, permanent installations of highway guardrails, barrier walls and signage, and traffic control services for special events. The firm negotiated the terms for sale of its various operating branches and other assets.
LifeCare Holdings
Plano, TX
The firm served 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, was acquired by the debtors’ secured parties. The firm structured a creative settlement that avoided paying a $24 million administrative claim that was ultimately upheld by the Third Circuit and paved the way for a meaningful distribution to unsecured creditors.
Reddy Ice
Dallas, TX
The firm served as counsel to the official committee of unsecured creditors appointed in the Reddy Ice Corporation chapter 11 case in Dallas. 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.
Coach America
Dallas, TX
The firm served as counsel to the official committee of unsecured creditors of Coach America. Coach America is the largest tour and charter bus service operator and the second largest motorcoach service in the country. In 2013, the case won two M&A Advisor Turnaround Awards for 1) restructuring deal of the year ($100m-$500m) and 2) industrial goods and basic resources over $50m. The case was also a finalist for distressed M&A deal of the year over $100m and for consumer services.
Souper Salad/Grandy's: SSI Group
Addison, TX
The 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 was also counsel to the postconfirmation liquidating trustee.
Premier Trailer Leasing
Grapevine, TX
The 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 as a going concern with a deleveraged balance sheet and exit financing.
Palm Harbor Homes
Addison, TX
The firm served as counsel to the creditors’ committee of Palm Harbor Homes and related affiliates in their chapter 11 bankruptcy cases 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 allowed holders of general unsecured claims to recover approximately 16.7 percent and 21 percent of what they were owed.
Emivest Aerospace
San Antonio, TX
The 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.
Blockbuster
Dallas, TX
The firm represented the ad hoc committee of motion picture studios in this case. The committee was comprised of the major motion picture studios that supply Blockbuster with over 80% of their inventory.
Trico Marine Services
The Woodlands, TX
The firm represented the creditors’ committee of Trico Marine Services and related affiliates in their chapter 11 bankruptcy case in Delaware. Trico Marine was 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 provided 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, TX
The 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.
U.S. Concrete
Houston, TX
The firm served as co-counsel 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 significantly deleveraged the debtors’ balance sheet—including satisfaction in full of the existing secured facility and equitization of the outstanding bonds—and provided for a full recovery to unsecured trade creditors.
Dallas Logistics Hub (Allen Group)
Dallas, TX
The firm represented 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.
Metromedia Steakhouses
Plano, TX
The firm represented Metromedia Steakhouses Company, a Texas-based operator of a chain of "all you can eat" buffet restaurants under the Ponderosa and Bonanza brands. Metromedia filed for chapter 11 due to declining sales. Under the plan of reorganization, Metromedia's parent provided three loans to support the reorganized debtor. Unsecured creditors were provided two options for recovery under the plan: payment from a litigation trust or equity in reorganized Metromedia.
NetEffect
Austin, TX
The 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.
Intermet
Ft. Worth, TX
The firm was co-counsel 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 in Delaware.
Keys Fitness and Keys Backyard
Garland, TX
The 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, TX
Representation of Aegis Mortgage Corporation and several of its related subsidiaries in chapter 11 cases in the District of Delaware. Prior to the commencement of their chapter 11 cases, Aegis, a Texas-based full-service mortgage company, 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 loans as well as retail loans made directly to consumers.
ABB Lummus Global
Houston, TX
Representation of ABB Holdings in the prepackaged chapter 11 cases of its subsidiaries, Combustion Engineering and ABB Lummus Global, in the District of Delaware. The cases resolved the asbestos-related liabilities of certain subsidiaries of ABB Ltd. and included trusts valued at over $1.2 billion.
Easy Gardener Products
Waco, TX
The 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.
Seitel Inc.
Houston, TX
The firm was chapter 11 counsel to Seitel, a leading provider of seismic data and related geophysical services to the oil and gas industry in North America.
Fleming Companies
Lewisville, TX
The firm was co-counsel 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.
Whitehouse Hotel
New Orleans, LA
The 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.
Enron Corp.
Houston, TX
A member of the firm represented fund and fund managers in excess of $3 billion of senior unsecured debt in Enron's chapter 11 case, including in connection with plan-related disputes and in an appeal regarding the extent of the "senior indebtedness" that was entitled to the benefit of subordination provisions in four different subordinated indentures. Separately, but also in the Enron case, a member of the firm represented funds and fund managers holding claims in excess of $3.8 billion in filing an amicus brief.
AmeriServe Food Distribution
Dallas, TX
AmeriServe 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.
American Rice
Houston, TX
We 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, TX
Publicly 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.
6th Circuit
Vertically Integrated Cannabis Company Ad Hoc Group
Fort Worth, TX
, MIBarfly Ventures
Grand Rapids, MI
The firm represented BarFly Ventures, a specialty casual food and bar concept with craft beer and made-from-scratch kitchen cooking, that was founded in 2008 in Grand Rapids, Michigan. BarFly expanded its operations, which included Grand Rapids Brewing Co. and Stella’s Lounge, into eight states in the Midwest. In 2020, BarFly was one of many restaurant chains that succumbed to the effects of the COVID-19 global pandemic. In response, the firm advised BarFly, securing a $6 million federal PPP loan that was used to offset rents and employee expenses while the restaurant chain weathered federal and state shelter-in-place orders prohibiting BarFly from operating for several months. BarFly orchestrated its reopening with a chapter 11 filing that was used to shed unprofitable locations so that BarFly’s assets could be marketed and sold to the highest bidder. The firm advised BarFly in its operational restructuring, and the bankruptcy court approved the sale of substantially all of its assets, preserving BarFly as a going concern and saving hundreds of jobs.
Art Van Furniture
Warren, MI
Representation of chapter 7 trustee of Art Van Furniture and its affiliates in the District of Delaware. Serves as counsel to the chapter 7 trustee, and previously as counsel to the creditors’ committee, of regional furniture retailer Art Van, whose chapter 11 cases were converted to chapter 7 in the face of hundreds of millions of dollars of liabilities and tens of thousands of creditors. PSZJ advises the chapter 7 trustee, who continued to operate Art Van in chapter 7 for a period of time and successfully sold the inventory and assets of 27 stores in May 2020.
Perkins & Marie Callender’s LLC
Memphis, TN
The firm was counsel to the creditors’ committee in Perkins & Marie Callender’s and affiliates in their 2019 chapter 11 case. The debt load included $115 million in secured debt, with $100 million owed on term-loan debt and $8 million in unsecured trade debt. The Tennessee-based company has a long history in the often volatile restaurant chain industry. Perkins was founded in 1958 and Marie Callender’s was founded in 1948. The firm facilitated a going-concern transaction that resulted in a meaningful recovery to unsecured creditors.
GST AutoLeather
Southfield, MI
The firm was co-counsel to GST Autoleather and its affiliates in their chapter 11 cases filed in U.S Bankruptcy Court for the District of Delaware. The company, now called Pangea, is a leading global designer and manufacturer of automotive leather components with operations in North America, China, South Korea, Europe, and South Africa. The company obtained a $40 million debtor-in-possession financing commitment, which was used to fund ongoing operations while pursuing a going-concern sale. A successful sale process resulted in the purchase of substantially all of the company’s assets after an auction for $166.9 million. The bankruptcy court approved the sale in February 2018. After the sale, the firm successfully obtained court approval of the company’s joint disclosure statement and liquidating plan.
TK Holdings (Takata Americas)
Auburn Hills, MI
The firm was counsel to the committee of unsecured tort claimant creditors appointed in the chapter 11 cases of TK Holdings, Inc. and its affiliates. TK Holdings and its U.S. affiliates, along with its Japanese parent company, Takata Corporation, are a worldwide automotive-parts company that manufactures automotive safety products, including seat belts and airbag systems. The debtors filed chapter 11 in the midst of the largest automotive recall in U.S. history due to the rupturing of certain airbag inflators. The committee represented the interests of all of the personal-injury and economic-loss claimants in the chapter 11 cases.
Limited Stores Company
New Albany, OH
The firm was co-counsel to the creditors' committee in The Limited bankruptcy cases. Prior to ceasing retail operations and filing chapter 11, the debtors operated 240 stores in 42 stores under The Limited brand throughout the United States.
Roadhouse Holding Inc. (Logan's Roadhouse)
Nashville, TN
The firm was counsel to the creditors’ committee in Logan’s Roadhouse, a Nashville-based casual dining steakhouse chain with hundreds of locations nationwide, in its chapter 11 bankruptcy. The company filed for bankruptcy protection after weakening sales in the restaurant industry, particularly in the casual dining segment, with a reorganization plan to shed $300,000,000 in debt. In bankruptcy, the company trimmed its debt to just over $100,000,000, and renegotiated leases to save $4,000,000 in annual costs. Logan’s Roadhouse successfully emerged from bankruptcy in November 2016.
EveryWare Global
Lancaster, OH
The firm was counsel to cookware and tableware marketer EveryWare Global in its prepackaged chapter 11 reorganization plan to swap long-term debt for equity for senior lenders. EveryWare markets and distributes tabletop and food preparation products to both the consumer and food-service markets in Asia, Canada, Mexico and the United States with products that include tableware, premium spirits bottles, gadgets, and candle and floral glass containers.
Groeb Farms
Onstead, MI
The firm was counsel for the creditors' committee of Groeb Farms, a leading processor and package of honey for food manufacturers, food service companies, and retail customers. For the fiscal year ended December 31, 2012, the debtor had net sales from operations of $137.8 million.
Adair County Hospital District
Columbia, KY
Representation of the creditors' committee in the chapter 9 case of Adair County Hospital District in the Western District of Kentucky. The district filed for bankruptcy protection as a result of its inability to pay its long-term debt and its disputes over the implementation and collection of a hospital district tax.
Metavation
Southfield, MI
The firm was lead debtor's counsel to this Michigan-based manufacturer of precision machined components and assemblies, including dampers, engine components, knuckles, and driveline products for the automotive industry. Dayco Products LLC acquired Metavation.
Back Yard Burgers
Nashville, TN
The firm was counsel to the creditors’ committee of Back Yard Burgers. The debtors are a quick-service restaurant chain with 90 locations throughout the Southeast. The creditors’ committee was able to reach a deal for significantly improved treatment of unsecured creditor recoveries over the proposed starting position and was a coproponent of the plan of reorganization, which was confirmed. The improved plan resulted in a waiver of avoidance actions, including preference claims, for unsecured creditors as well as a projected distribution of 26%.
NewPage Corporation
Miamisburg, OH
The 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.
Champion Enterprises
Troy, MI
The 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.
Visteon Corporation
Van Buren Township, MI
The 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.
Chrysler LLC
Auburn Hills, MI
The firm was conflicts counsel to the official creditors’ committee appointed in the historic Chrysler chapter 11 case. The focus of the firm’s engagement was the investigation and development of avoidance claims arising from the prebankruptcy divestiture of Chrysler by Daimler AG.
Nortel Networks
Nashville, TN
The firm represented the ad hoc committee of bondholders in Nortel, an international telecommunications and electronics company with approximately $21 billion of assets. Nortel's chapter 11 case filed 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 were conducted simultaneously through video conferencing between the Delaware bankruptcy court and the Canadian High Court. The debtors sold their assets.
DHP Holdings II (Desa)
Bowling Green, KY
The 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
Nashville, TN
The 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, OH
The 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.
Dana Corporation
Toledo, OH
The 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.
Delphi Corporation
Troy, MI
Two members of the firm represented the holders of approximately $500 million in senior unsecured notes in the chapter 11 cases of Delhi Corporation, the largest auto parts supplier in the United States.
S-Tran Holdings, Inc.
Cookeville, TN
The 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.
Organized Living
Westerville, OH
The firm represented the committee in this case, which involves twenty-six retail stores selling products designed for organizing the home and office.
Murray, Inc.
Brentwood, TN
The firm was 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.
RFB Cellular
Gaylord, MI
The 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.
Waterlink
Columbus, OH
The 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.
Glasstech
Perrysburgh, OH
The 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.
Federal-Mogul
Southfield, MI
The 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, OH
The firm represented the postconfirmation liquidation trustee appointed under the plan confirmed in this convenience store chain's chapter 11 case.
Plainwell
Plainwell, MI
The 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.
Safelite Glass
Columbus, OH
The 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.
7th Circuit
Specialty Retail Shops Holding Corp. (Shopko)
Green Bay, WS
The firm was counsel to the creditors’ committee of Shopko, the operator of over 300 general merchandise stores throughout the Midwest, Northwest and Southwest, which filed for bankruptcy protection in the District of Nebraska. Counsel for Shopko had proposed a dual-track plan in which a sales process ran concurrently with the confirmation process for a reorganization plan in which secured debt was traded for equity if no superior purchase offer were received.
USA Gymnastics
Indianapolis, IN
The firm is counsel to the creditors' committee for USA Gymnastics, the US Olympic Committee’s governing body for gymnastics in the United States. The case involves the claims of over 500 women who were sexually abused by coaches and trainers, including the notorious and infamous serial abuser Larry Nassar. The case involves complex issues of third-party releases for the benefit of the US Olympic Committee and other entities and people who bear responsibility for the sexual abuse of America’s elite athletes.
Keystone Tube Company (A.M. Castle)
Oakbrook, IL
The firm represented A.M. Castle and its subsidiaries in connection with their prepackaged chapter 11 cases in the District of Delaware. A.M. Castle is a publicly traded specialty-metals distribution company serving customers on a global basis. A.M. Castle filed for bankruptcy in June 2017, confirmed a plan approximately six weeks later, and successfully emerged from bankruptcy on August 31, 2017. The plan preserved the going-concern value of the company and restructured approximately $300 million of prepetition multi-tranche secured debt. The firm was instrumental in the prebankruptcy negotiations with various lender and bondholder constituents that ultimately resulted in the plan and included a management incentive plan for key employees of the company.
United Road Towing
Mokena, IL
The firm represented the creditors' committee in the chapter 11 bankruptcy of United Road Towing, the nation’s largest towing company, which filed for bankruptcy protection along with more than two dozen affiliates due to expenses related to a 2014 noncompete lawsuit with former executives. The company was sold to the existing second-lien holder in a transaction that satisfied the senior lien and credit bid a portion of the buyer’s junior lien. Although general unsecured creditors were significantly out of the money, the firm negotiated an assumption of a portion of the general unsecured claims as part of a transaction that resulted in an approximately 5% distribution to general unsecured creditors which was made shortly after the transaction closed.
Marbles
Chicago, IL
The firm was counsel to the committee of unsecured creditors in the chapter 11 bankruptcy of Marbles Holdings, also known as Marbles: The Brain Store. The Chicago-based puzzle and game retailer filed bankruptcy after missing rent payments when sales took a steep downturn during the 2016 holiday season. The company entered bankruptcy with a plan to close all 37 of its stores. In a bankruptcy sale that closed April 28, 2017, a toy retailer and entertainment company purchased substantially all of the assets of Marbles.
Vertellus Specialties
Indianapolis, IN
The firm was co-counsel to the ad hoc group of lenders in the chapter 11 case of an Indianapolis-based chemical company Vertellus Specialties Inc., a leading provider in specialty chemicals. Vertellus placed its U.S. operations under chapter 11 bankruptcy protection in the US Bankruptcy Court for the District of Delaware in early June 2016. At the same time, the court granted an order for a group of lenders to provide a term loan in the amount of $110 million for Vertellus to pay off more than $80 million in debt and finance the company’s operations during the sale process.
Alvion Properties
Harrisberg, IL
The firm represented the creditors' committee for Alvion Properties, which owns 1,294 acres of land in Virginia with minerals, coal reserves, timber, and other land-based assets including, potentially, oil & gas plus 3,219 acres of mineral rights adjacent to its owned land.
Alsip Acquisition
Alsip, IL
The firm served as co-counsel-to coated paper manufacturer Alsip Acquisition LLC. Alsip filed for chapter 11 bankruptcy protection on November 20, 2014, seeking to sell substantially all of its assets. On January 8, 2015, Judge Kevin Carey of U.S. Bankruptcy Court for the District of Delaware a sale order approving a sale to Paper Mill Acquisition LLC for $8.22 million after it won a Jan. 7 auction. The buyer outbid the stalking horse at the auction. Alsip set aside a portion of sale proceeds in an account to pay certain creditors asserting liens on the purchased assets. All remaining proceeds from the sale paid directly pay off $7.74 million in prepetition secured debt owed to the creditor.
Quantum Leap Restaurants
Alsip, IL
, WIIPC International Corporation
Bannockburn, IL
IPC was one of the largest mall security firms in the United States. The firm represented the committee in this sale case and helped to maximize recoveries to unsecured creditors by ensuring there was a spirited and robust auction, and negotiating the sale of nondebtor property for the benefit of the estates.
Bowe Systec
Wheeling, IL
The 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 & Howell, manufactures modern and intelligent automation solutions, including high-speed mail-sorting equipment. 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, WI
The firm was counsel to the creditors' committee of the Archdiocese of Milwaukee, which filed bankruptcy in the face of mounting claims of sexual abuse by its priests and other archdiocese employees.The archdiocese includes 210 parishes, 109 Catholic elementary schools, 13 Catholic high schools, 5 Catholic colleges and universities, and 9 Catholic hospitals in a large area of the southeastern Great Lakes area. In August 2015, the Archdiocese announced a $21 million settlement with the abuse survivors—five times more than the Archdiocese offered in its original reorganization plan. The Seventh Circuit Court of Appeals issued a landmark decision in the case, holding that the Religious Freedom Restoration Act does not shield church assets from recovery by creditors’ committees.
Gas City
Frankfort, IL
The firm represented the creditors' committee of Gas City Ltd., which operated over fifty gas stations and truck stops with convenience stores across the country.
Accuride Corporation
Evansville, IN
Representation of an ad hoc committee of noteholders in the chapter 11 cases of Accuride Corporation in the District of Delaware. Through its prearranged restructuring plan, Accuride, a manufacturer of commercial vehicle components, sought approval of a plan of reorganization that, among other terms, canceled its existing notes in exchange for 98% of the common stock of reorganized Accuride and offered new senior secured notes worth $140 million. After a contentious confirmation process, the ad hoc committee supported the confirmation of Accuride’s third plan of reorganization.
Tribune Company
Chicago, IL
A member of the firm represented a substantial noteholder in connection with this chapter 11 case.
JHT Holdings
Kenosha, WI
The firm represented 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, IL
The firm represented the committee in Select Snacks, which
produced private-label salty snacks, such as corn chips. The company was sold as part of the chapter 11 proceedings along with its sister company, Jays Foods.
Home Products International
Chicago, IL
The firm served as counsel to the ad hoc committee of holders of the debtors’ outstanding 9.625% senior subordinated notes, and negotiated a plan support agreement and term sheet providing for a debt-for-equity swap whereby the notes and HPI stock would be extinguished, noteholders would receive 95% of new HPI stock and, provided the noteholders and old HPI stockholders accepted the Plan, old HPI stockholders would receive 5% of the new HPI stock.
JL French
Sheboygan, WI
The 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.
Glazed Investments
Oak Brook, IL
The 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.
Gingiss Group
Addison, IL
The firm represented Gingiss Group/Gary's Tuxedo's in connection with their chapter 11 bankruptcy cases. Gingiss/Gary's operated the only national chain of retail stores specializing in the rental and sale of formalwear with more than 400 stores and annual revenues exceeding $75 million and completed a sale of substantially all of their assets to May Department Stores less than sixty days after the bankruptcy cases were filed.
Neenah Foundry Company
Neenah, WI
The 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.
Spiegel Inc.
Downers Grove, IL
The 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.
Focal Communications
Chicago, IL
The 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.
UAL Corporation
Elk Grove Township, IL
The firm was special debtor counsel to UAL Corporation, parent company of United Airlines, in its chapter 11 bankruptcy case that was filed in the United States Bankruptcy Court for the Northern District of Illinois. The debtor filed for bankruptcy protection after being unable to pay off nearly $1 billion in debt due to two years of heavy losses, including the September 11 terrorist attacks. In February 2006, the debtor successfully emerged from bankruptcy and was able to cut costs by $7 billion per year.
Stations Holding Corporation
Hoffman Estates, IL
The firm was counsel to Stations Holding, formerly known as Benedek Communications Corp. Stations was acquired by Gray Television in 2002.
Decorative Surfaces International
Dupo, IL
Decorative 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.
Fansteel Inc.
North Chicago, IL
The 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, IL
The 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.
LogoAthletics
Indianapolis, IN
LogoAthletics was the nation’s largest manufacturer of licensed sports apparel with annual sales exceeding $250 million. As counsel to the company, the firm successfully negotiated a sale to Reebok maintaining the integrity of the operations and saving thousands of jobs
Fruit of the Loom
Chicago, IL
We represented the ad hoc committee of senior secured noteholders in the chapter 11 case of this well-known undergarment manufacturer.
Zenith Electronics
Glenview, IL
Zenith 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.
Harnischfeger Industries
Oak Creek, WI
Harnischfeger 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.
8th Circuit
iMedia Brands Inc.
Eden Prairie, MN
The firm is debtor counsel to media company and shopping channel hub iMedia Brands and subsidiaries. The Minneapolis-based debtor, which filed for bankruptcy protection due to decreased consumer spending, operates four channels; its flagship channel ShopHQ reaches more than 90 million homes. In June 2023, a Delaware bankruptcy judge granted permission to the debtor to take out a $15,000,000 loan until it can close on a $27.4 million offer for its shopping-channel business.
Surgalign Holdings
Deerfield, IL
The firm represents the official committee of unsecured creditors in the chapter 11 bankruptcy of surgical device maker Surgalign Holdings. The debtor filed for bankruptcy protection in June 2023 after facing SEC charges and threats of delisting by Nasdaq. The debtor agreed to sell its U.S. hardware and biomaterials assets to Xtant Medical Holdings for $5,000,000.
Bluestem Brands
Eden Prairie, MN
The firm was co-counsel to Cerberus Business Finance in the chapter 11 cases of Bluestem Brands and related affiliated in the U.S. Bankruptcy Court for the District of Delaware filed in March 2020. Bluestem was a leading direct-to-consumer retailer of name-brand, private label, and nonbranded fashion, home, and entertainment merchandise, with approximately $1.6 billion in total merchandise sales annually. Cerberus was a prepetition and DIP lender of Bluestem Brands. The firm assisted in guiding Cerberus through the chapter 11 cases including a sale and successful chapter 11 plan that was confirmed in August 2020.
Goodrich Quality Theaters
Grand Rapids, MI
The firm was counsel to the creditors' committee in the chapter 11 bankruptcy case of Goodrich Quality Theatres, filed in Western Michigan bankruptcy court. Goodrich is a Michigan-based chain of 30 movie theaters in five states and reported assets of $50,000,000 to $100,000,000 and liabilities of $10,000,000 to $50,000,000, according to court records. The debtor filed for bankruptcy protection in February 2020, attributing its problems to the rise of streaming services and a decreased audience for traditional movie theaters. In July 2020, substantially all of the chain’s assets, including the majority of its theaters, were purchased by Mason Asset Management and Namdar Realty Group.
BioAmber Inc.
Saint Paul, MN
The firm served as debtor’s counsel in the chapter 15 bankruptcy filing of BioAmber Inc. The debtor, a sustainable chemicals company, initially filed a chapter 11 bankruptcy petition but later entered a motion to dismiss. BioAmber completed the sale of certain assets in October 2018.
Dolan Company
Minneapolis, MN
The firm was debtors’ co-counsel to the Dolan Company and its subsidiaries, a diversified information management and professional services company comprised of three distinct but complementary businesses: litigation support, mortgage processing, and business and legal publishing. The company emerged from chapter 11 only 81 days after filing for bankruptcy protection in March 2014. The firm assisted the company in successfully obtaining court approval of a comprehensive balance-sheet restructuring with the company's secured lenders that significantly improved the company's capital structure.
Allens Inc. (counsel to asset purchaser Sager Creek)
Siloam Springs, AR
The firm represented Sager Creek after it purchased Allens, Inc. out of bankruptcy and handled Sager Creek’s out-of-court stabilization and sale of its business to Del Monte Foods. Sager Creek employed approximately 1,000 people in Arkansas, Wisconsin and North Carolina, operating as a canner of fruits and vegetables.
Bakers Footwear Group
St. Louis, MO
The firm represented the creditors’ committee in Bakers Footwear Group’s chapter 11 cases, a national mall-based retailer of shoes for young women that operated approximately 216 stores. The company was underperforming and its secured debt was substantially greater than the value of the company’s assets. Through various creative business solutions, the firm led the committee in developing strategies to ensure that the Bakers name would survive as a going concern, providing an opportunity for vendors to have a customer and landlords to have a tenant.
Buffets Restaurant Holdings (2012)
Egan, MN
The 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, MN
The 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
Nebraska Book
Lincoln, NE
The firm represented as co-counsel Nebraska Book Company and related affiliates in their chapter 11 bankruptcy case in Delaware. Nebraska Book was 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.
Buffets Holdings
Eagan, MN
The 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, IA
The 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, MN
The 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, MN
Twin 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.
Trend Technologies
Chino, CA
The 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.
Adesta Communications
Omaha, NE
Representation of the creditors' committee in the chapter 11 case of Adesta Communications in the District of Nebraska. The debtor was 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, MO
We were counsel to this well-known air carrier, which was sold to American Airlines in its chapter 11 case.
9th Circuit
Hornblower Holdings LLC
San Francisco, CA
The firm represented the creditors' committee in the complex chapter 11 cases of Hornblower Holdings in the United States Bankruptcy Court for the Southern District of Texas. The Hornblower debtors were one of the largest and most diversified providers of tourism and transportation services globally, operating ferries, day cruises, and overnight cruses and providing related maritime and tourism services. Following an extensive investigation into the debtors, their insiders, and their prepetition debt and equity holders, the firm negotiated substantially more favorable treatment for general unsecured creditors under the confirmed plan from what was originally proposed by the debtors, including (i) a 13x increase in cash consideration, (ii) an interest in proceeds from certain litigation claims held by the debtors, (iii) the waiver of preference claims, and (iv) the waiver of funded-debt deficiency claims.
Noble House Home Furnishings
Chatsworth, CA
The Roman Catholic Archbishop of San Francisco
San Francisco, CA
The firm is counsel to the creditors’ committee for the Roman Catholic Archbishop of San Francisco (the Archdiocese of San Francisco). The Archdiocese filed for bankruptcy protection in August 2023 after it was named in over 500 lawsuits alleging child sexual abuse.
Amyris, Inc.
Emeryville, CA
The firm is debtors’ counsel to this leading synthetic biology company, based in Emeryville California, in connection with its chapter 11 bankruptcy case pending in Delaware bankruptcy court. Amyris was founded in 2003 to create a more stable supply of a key antimalarial treatment. Through its cutting-edge science, artemisinin—the most effective anti-malarial drug in the world—is now consistently available to treat the deadly disease. Using the same technological innovations that produced artemisinin, Amyris has become the world’s leading manufacturer of ingredients made with synthetic biology. Amyris provides sustainable ingredients that are eco-friendly alternatives to raw materials sourced for flavors and fragrances, sweeteners, cosmetics, pharmaceuticals, and other consumer products.
Borrego Community Health Foundation
Borrego Springs, CA
The firm represents the official committee of unsecured creditors of Borrego Community Health Foundation, a nonprofit federally qualified health center that provides culturally competent healthcare services to underserved communities in San Diego and Riverside Counties. Borrego filed a chapter 11 bankruptcy case in September 2022 amid a dispute with the California Department of Health Care Services that threatened to shutter its 21 locations.
Enjoy Technology
Palo Alto, CA
The firm was co-counsel to the prepetition lender, DIP lender, and asset purchaser in the chapter 11 restructuring case of Enjoy Technology in the U.S. Bankruptcy Court for the District of Delaware. Enjoy Technology was a company that sold mobile phones and other technology online.
Secured Creditor
Sacramento, CA
The firm currently advises the majority shareholder and secured creditor of a Sacramento-based cannabis cultivator.
Loudpack Ad Hoc Group 2022
Sacramento, CA
Watsonville Hospital Corporation
Watsonville, CA
The firm was counsel to Watsonville Hospital Corporation in its chapter 11 case commenced in December 2021 in the San Jose division of the Northern District of California. The debtor operated the Watsonville Community Hospital, a 106-bed acute care facility serving patients in the Pajaro Valley area of Santa Cruz and Monterey counties. The debtor sold the hospital to a newly created local healthcare district, formed with widespread political support, placing the hospital under public stewardship and ensuring continued access to medical care for a diverse and growing community. In July 2022, the debtor confirmed a plan of liquidation that established a trust to resolve claims and make distributions to creditors.
Riverbed Technology, Inc.
San Francisco, CA
The firm represented Riverbed Technology in its chapter 11 filing in Delaware. The debtor filed for bankruptcy protection to implement a prepackaged restructuring plan that would erase $1 billion in debt and provide an infusion of $100 million of new equity capital into the business, as it sought to recover from the financial impact of the COVID-19 pandemic. Only two weeks after the case commenced, the debtor received court approval for its plan, which received support from all 604 lenders entitled to vote on the plan.
California Cannabis Extraction Company Ad Hoc Group
Los Angeles, CA
The firm served as counsel to the ad hoc group holders of unsecured convertible notes issued by a Los Angeles-based extraction company.
CarbonLite Holdings
Los Angeles, CA
The firm was debtors’ counsel to CarbonLite Holdings LLC and its affiliates, which filed for chapter 11 bankruptcy protection in Delaware in March 2021. CarbonLite, one of the world’s leading plastic recycling companies, filed amid the COVID-19 pandemic and the resulting production slowdowns, reduced prices, and delays in opening a new, state-of-the-art facility. In May and June 2021, the firm successfully shepherded four individual sales of each of the debtors’ facilities (two in California, one in Texas, and one in Pennsylvania) that garnered a total of $220 million in proceeds to benefit CarbonLite’s creditors. In September 2021, CarbonLite’s bankruptcy plan was confirmed and went effective.
MobiTV
Emeryville, CA
The firm was debtor counsel in the chapter 11 bankruptcy of video streaming service MobiTV. The company, which was founded in 2000 and provided live and on-demand video for televisions and mobile devices, filed for bankruptcy protection in Delaware in March 2021 with $75,000,000 in liabilities. In May 2021, the bankruptcy court approved the debtor’s $23,000,000 going-concern sale to TiVo Corp.
Loudpack Ad Hoc Group 2020
Emeryville, CA
, CANorthwest Hardwoods
Tacoma, WA
The firm represented the ad hoc noteholder group in connection with the chapter 11 bankruptcy case of global lumber supplier Northwest Hardwoods. The debtor filed for bankruptcy protection in November 2020, citing financial strain due to trade disputes with China and the COVID-19 pandemic. In January 2021, the debtor completed its financial restructuring process and emerged from chapter 11.
Tailored Brands (Men's Wearhouse et al.)
Fremont, CA
The firm was counsel to the creditors’ committee in the chapter 11 case of Tailored Brands. The parent company of menswear chains Jos A. Bank and Men's Wearhouse filed for chapter 11 bankruptcy protection with an equity swap plan in hand to cut $630,000,000 in debt during the coronavirus pandemic. In November 2020, bankruptcy court approved a plan to transfer ownership to lenders, with unsecured creditors receiving 7.5% of the reorganized equity in Tailored Brands as well as warrants to buy additional stock. The equity payout was more than five times higher than what was initially offered to the unsecured creditors. The firm successfully argued that the entity was more valuable than the debtors and lenders originally indicated and therefore 1) preserved the going concern (including hundreds of locations and thousands of jobs) and 2) provided a return to unsecured creditors. Importantly, Tailored Brands included international (Canadian and Cayman) entities. The firm determined that the Cayman entity was solvent as of the filing, and orchestrated an intercommittee settlement in which creditors of that entity received increased value, successfully obtaining unity amongst the entire creditor body—including those with disparate interests. The debtor emerged from bankruptcy in December 2020 after eliminating $686,000,000 of debt.
Professional Financial Investors (Professional Investors Security Fund)
Novato, CA
The firm is creditors’ committee counsel in the chapter 11 bankruptcies of Professional Financial Investors and its primary fund, Professional Investors Security Fund. In May 2020, the debtors became the target of a federal investigation for alleged financial misconduct and operating a long-running Ponzi scheme. The debtors sought bankruptcy protection after the firm assisted petitioning creditors in filing an involuntary chapter 11 petition against PISF. The case features approximately 60 parcels of improved real estate, approximately 1,000 investors, and total investments of $550 million.
Lucky Brand Dungarees
Los Angeles, CA
The firm was counsel to the creditors’ committee in the chapter 11 bankruptcy case of well-known clothing retailer Lucky Brand Dungarees, filed in Delaware. The firm negotiated with the SPARC Group, which operates brands including Aéropostale and Nautica, for the sale of “substantially all” of Lucky Brand's operating assets. ABG-Lucky, a newly formed unit of brand manager Authentic Brands Group, acquired Lucky Brand’s intellectual property. This sale, which avoided an outright liquidation, paved the way for maximum recovery to unsecured creditors.
24 Hour Fitness Worldwide
San Ramon, CA
Representation of 24 Hour Fitness and related affiliates in chapter 11 cases in the District of Delaware. COVID-19 business closures in California forced 151 of 158 of the 24 Hour Fitness locations in California to close. Before the pandemic, the company operated 445 clubs with 3.4 million members nationwide. Serving as co-counsel, the firm assisted the company in obtaining confirmation of a successful reorganization plan in December 2020. The firm was also co-counsel to the postconfirmation trust overseeing administration of the chapter 11 cases.
Hytera Communications America
Irvine, CA
The firm was debtors’ counsel to Hytera Communications America (West), Inc. and Hytera America, Inc., distributors of mobile two-way radios manufactured by nondebtor Hytera Communications Corp. Ltd., a global Chinese company. The debtors filed for bankruptcy protection in response to litigation with Motorola Solutions Inc. that resulted in an approximate $600 million judgment. The debtors, with the assistance of its professionals, were able to maintain operations in the U.S. during the pendency of the bankruptcy, and sell their distribution network and substantially all of their assets through three separate sales. After the sales closed, the debtors were able to confirm a plan that provided a fixed distribution to all general unsecured creditors with the remaining assets distributed to Motorola.
Imperial Toy
North Hills, CA
The firm represented the official committee of unsecured creditors in this fast-moving chapter 11 case in which issues involving the post-closing involvement of insiders subject to substantial clawback claims needed to be addressed and reserved. The case has since converted to chapter 7, where the claims against insiders were pursued as a result of the committee’s focus on this valuable asset that was not subject to any lenders' liens.
Yueting Jia
Los Angeles, CA
Representation of Yueting Jia in his individual chapter 11 case in the Central District of California. Served as restructuring co-counsel to Yueting “YT” Jia, a Chinese technology entrepreneur and founder of Faraday Future. Mr. Jia’s chapter 11 reorganization plan—confirmed after just seven months—restructured over $3 billion in debt held almost entirely by creditors located in the People’s Republic of China through creative alignment of interests of Mr. Jia’s and Faraday Future’s creditors. PSZJ’s work in Mr. Jia’s successful reorganization was recognized at Global M&A Network’s 13th Annual Turnaround Atlas Awards as “Cross-Border Turnaround of the Year.”
Forever 21 Inc.
Los Angeles, CA
The firm represented Forever 21 and its affiliates as bankruptcy co-counsel in their chapter 11 restructuring in the U.S. Bankruptcy Court for the District of Delaware. Based in Los Angeles, California, Forever 21 was a fast-fashion retailer specializing in women’s and men’s fashion, jewelry, and accessories with over 750 stores globally.
JRV Group USA
San Bernadino, CA
The firm was debtor’s counsel in the chapter 11 bankruptcy of JRV Group USA, a California-based, German-owned company that custom upfitted Jeep Wranglers. Two recalls stalled sales and forced the bankruptcy filing. The company sold its inventory to a dealer with the capacity to make the Jeeps compliant with weight restrictions. A plan was confirmed after the sale.
Kona Grill Inc.
Scottsdale, AZ
The firm represented Kona Grill a publicly owned seafood restaurant chain established in 1998 in Scottsdale, Arizona. Kona later expanded the chain to 18 states, Puerto Rico, Canada, and United Arab Emirates. In 2019, Kona commenced its chapter 11 cases to right-side its operations and deleverage its balance sheet. Over the course of five months, the firm implemented Kona’s operational restructuring by closing down unprofitable locations and negotiating a court-approved asset purchase agreement that provided for the sale of substantially all of Kona’s assets, which preserved Kona as a going concern and saved the jobs of over a thousand employees.
Fuse Media
Los Angeles, CA
The firm was debtors’ counsel in the chapter 11 bankruptcy of Fuse Media, Inc. The debtor, backed by singer Jennifer Lopez, was a digital cable and satellite television company that filed for bankruptcy protection after its flagship cable network was dropped by major pay-TV providers. At the time of its filing, Fuse Media listed $201,200,000 in assets against $242,000,000 in debt. A judge in Delaware bankruptcy court approved a debt-cutting plan that would allow bondholders to swap their claims for equity in the reorganized business.
Munchery Inc.
South San Francisco, CA
The firm served as counsel to the creditors' committee in the chapter 11 case of Munchery, Inc.in the Northern District of California. The debtor, a prepared food-delivery start-up, filed for bankruptcy protection with $28,500,000 of secured debt and $6,000,000 of unsecured debt. Once valued at $300,000,000, the company listed its aggressive expansion, inability to attract new customers, and increased competition as reasons behind its filing. During its bankruptcy case, Munchery successfully sold substantially all of its assets to Gate Gourmet for approximately $5 million.
Imerys Talc America
San Jose, CA
The firm is bankruptcy counsel to Arnold & Itkin, which represents ovarian cancer personal-injury claimants in the chapter 11 bankruptcy of Imerys Talc America. The manufacturer filed for bankruptcy protection in February 2019 in the face of many thousands of lawsuits alleging its products caused asbestos-related ovarian cancer and mesothelioma. The firm was successful in challenging confirmation of the Imerys plan and defeated confirmation.
PG&E Corporation (2019)
San Francisco, CA
The firm advised two clients in connection with the chapter 11 case of Pacific Gas and Electric Company (PG&E).
Gymboree Group Inc.
San Francisco, CA
The firm was counsel to the committee of unsecured creditors in the chapter 11 proceedings for clothing retailer Gymboree Group and ten affiliated debtors. Gymboree filed for bankruptcy protection with plans to close all 900 of its stores. The filing was the debtor’s second bankruptcy in less than two years. Through the firm’s efforts, Gymboree was able to salvage a going-concern platform.
Sedgwick LLP
San Francisco, CA
The firm represented Sedgwick LLP in its chapter 11 case in the Northern District of California. Prior to its dissolution, Sedgwick was a national law firm with approximately 300 attorneys located in thirteen offices nationwide, with international offices in London and Bermuda. Prior to the commencement of its chapter 11 case, the firm advised Sedgwick in its winddown, which included paying off its secured lender in full, paying all employees, and negotiating the termination of certain office leases and other long-term contractual obligations. Sedgwick used the chapter 11 process to complete the collection of accounts receivable, disposition of former client files, and negotiation of the return of distributions made to equity partners. Sedgwick confirmed its plan, which created a trust that liquidates assets and distribute cash to the holders of allowed claims.
Open Road Films
Los Angeles, CA
The firm represented the creditors' committee in the Open Road Films chapter 11 cases in the United States Bankruptcy Court for the District of Delaware. Founded in 2011, Open Road licenses motion pictures in the U.S., mostly to home entertainment, pay television, subscription, video-on-demand, and other nontheatrical distribution markets. Open Road reached an agreement with its proposed buyer and a group of film producers over contract assumption issues to gain approval for its $85 million chapter 11 asset sale.
Verity Health System of California
El Segundo CA, CA
The firm was co-counsel to Verity Health System, one of the largest nonprofit health care providers in California, in its chapter 11 case commenced in August 2018. Verity owned six general acute-care hospitals located in the Bay Area and Los Angeles. During the case, two of its Bay Area hospitals were sold to the County of Santa Clara, and other hospitals were sold to private operators. In August 2020, Verity confirmed a plan of liquidation that restructured over $1.3 billion in bond and other funded debt, trade, employee and pension obligations.
Ruby's SoCal Diners
Newport Beach, CA
The firm was chapter 11 bankruptcy counsel to six affiliates of Ruby’s Diners Inc. The debtors are investigating an investment by an outlet mall developer who is also a franchisee.
Tintri
Mountain View, CA
The firm served as debtor’s counsel to cloud-storage venture company Tintri, Inc. in its 2018 chapter 11 bankruptcy in Delaware. Tintri was founded in 2008, launched an IPO in 2017, and, at the time of its bankruptcy filing, provided cloud data services for 1,500 customers worldwide. The firm assisted Tintri in concluding a successful auction and subsequent sale of substantially all assets to DataDirect Networks, which allowed Tintri’s technology to persist in the marketplace while returning significant value to creditors.
Arecont Vision Holdings
Glendale, CA
The firm was counsel to this video surveillance solutions manufacturer that filed for chapter 11 bankruptcy protection as part of a restructuring effort that resulted in the company being sold to a private equity firm.
Walking Company (2018)
Santa Barbara, CA
The firm was debtor's counsel to this Southern California-based comfort shoe retailer, which confirmed its plan a mere three months after filing for bankruptcy protection in March 2018. The approved plan included the extinguishment of existing equity and a capital injection of $10.2 million from certain equity holders, and anticipated significant distributions to general unsecured creditors.
Eagan Avenatti LLP
Newport Beach, CA
The firm was chapter 11 counsel to Michael Avenatti's Newport Beach law firm, which emerged from bankruptcy protection in
March 2018 after reaching agreements to pay its creditors.
Penthouse Global Media Inc.
Chatsworth, CA
The firm represented the chapter 11 trustee appointed in the bankruptcy cases of Penthouse Global Media and its fourteen debtor subsidiaries. Penthouse, originally founded in 1965 by Bob Guccione, operates an adult-entertainment business that includes the publication of Penthouse Magazine as well as Penthouse Letters magazine. In addition to publication, Penthouse’s business includes broadcasting, licensing and digital media utilizing its intellectual property. Penthouse broadcasts eight television channels that are available in over 100 countries. The trustee was appointed to analyze the viability of Penthouse’s continued operations and the feasibility of a plan of reorganization or other appropriate disposition of Penthouse’s assets.
Woodbridge Group of Companies
Sherman Oaks, CA
The firm was counsel to the creditors' committee in the Woodbridge Group of Companies LLC's chapter 11 bankruptcy filed in Delaware. Woodbridge, a web of over 150 related entities, was owned and controlled by its founder, Robert Shapiro, and operated as a real estate finance and development company that bought, improved and sold high-end luxury homes. To fund its operations, Woodbridge fraudulently raised over $1 billion in capital through full-service real estate brokerages through which unregistered brokers solicited funds from individuals. The company and its founder faced multiple investigations by the SEC and state-regulatory agencies for the unlawful selling of securities that precipitated the company’s bankruptcy filing. Shortly after its appointment, the committee filed a motion to appoint a chapter 11 trustee, which resulted in a global resolution by and among the debtors, the SEC and certain ad hoc committees representing defrauded investors. The committee’s efforts caused, among other things, the resignation of the chief restructuring officer and independent manager hand-picked by the debtors’ founder on the eve of bankruptcy, the election of a new board of managers with the committee’s direct input, and the stay of a receivership action initiated by the SEC to gain control over the company.
Stion Corporation
San Jose, California
The firm represents Khosla Ventures and related entities as shareholder and secured lender in connection with the winddown and sale of its portfolio company Stion Corporation. Headquartered in San Jose, CA, Stion produced high-efficiency solar panels in its 700,000+ square foot manufacturing plant in Hattiesburg, Mississippi which is one of the largest and most advanced solar manufacturing facilities in the United States.
Zetta Jet USA
Burbank, CA
The firm represented the creditors’ committee in the chapter 11 cases of Zetta Jet USA and Zetta Jet PTE. Zetta Jet operated twenty aircraft that provided private flight operations for international business and luxury travel, with ultra-long range intercontinental capabilities across the Pacific Rim. The commencement of Zetta Jet’s chapter 11 cases were predicated on the alleged fraud of one of the founders. As a result, a chapter 11 trustee was appointed to stabilize operations and attempt to develop a business plan that could be bridged to a sale or plan of reorganization. While the chapter 11 sought financing and investors, the firm was instrumental ensuring that the interests of unsecured creditors were preserved and not sold out through a financing proposal left unsecured creditors with nothing. In the end, the chapter 11 trustee’s business plan and marketing efforts were not successful and the company discontinued operations.
Layfield & Barrett APC
Los Angeles, CA
The firm represents the chapter 11 trustee of the bankruptcy estate of a now-defunct personal-injury law firm whose former principal was convicted of stealing millions of dollars of settlement money from multiple clients in addition to certain tax-related offenses. The firm implemented a court-approved protocol to help ensure that Layfield & Barrett’s former clients received continuing representation on pending legal matters. The debtor failed to file schedules or provide adequate information regarding its assets and liabilities, which required the trustee and the firm to investigate the debtor’s financial condition primarily through third parties. The case is pending in Los Angeles.
True Religion Apparel (2017)
Manhattan Beach, CA
The firm was lead counsel representing True Religion and its affiliates in connection with their prenegotiated chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. True Religion designs, markets, sells, and distributes premium fashion apparel. The company’s products are distributed through wholesale and retail channels on six continents and, as of the petition date, included approximately 140 retail stores and over 1,900 employees. True Religion filed its bankruptcy case in July 2017 with a proposed prenegotiated chapter 11 plan with its secured lender constituents. The plan preserved the going-concern value of the company, provided a management incentive plan for key employees, and restructured nearly $500 million of prepetition secured debt. In October 2017, the bankruptcy court confirmed the plan and the company emerged from chapter 11.
Horisons Unlimited
Merced, CA
The firm represented the chapter 11 trustee of Horisons Unlimited, a healthcare organization based in Merced, California that operated six health care clinics. The Horisons's bankruptcy was precipitated by the suspension of its Medi-Cal reimbursements by the California Department of Health Care Services. The firm assisted the trustee to quickly take control of operations. Due to the debtor's financial losses and questionable patient care, the trustee closed the clinics, secured patient records and other assets, terminated all employees, and liquidated assets in fewer than 60 days.
Nuverra Environmental Solutions
Scottsdale, AZ
The firm was co-counsel to a group of noteholders that executed a restructuring support agreement in support of the prepackaged chapter 11 cases of Nuverra Environmental Solutions and affiliates filed in May 2017 in the U.S. Bankruptcy Court for the District of Delaware. The company, which provides environmentally appropriate disposal options for oil and gas driller wastes, sought chapter 11 protection citing the continued pressure of low oil and gas prices on producers and support companies. In July 2017, the bankruptcy court confirmed the plan and the company emerged from chapter 11 shortly thereafter. The confirmed debt-for-equity plan cancelled the debts of both existing term lenders and the supporting noteholders in return for prorated shares of new common equity.
B&B Bachrach, Inc. dba Bachrach Men’s Clothing
Los Angeles, CA
The firm served as creditors' committee counsel for Bachrach Men’s Clothing in its chapter 11 before the United States Bankruptcy Court for the Central District of California. In a quick moving four-month case, PSZJ helped craft a successful plan of reorganization under which creditors receive a share of a pot distribution plus the right to certain key litigation proceeds. The plan allowed Bachrach, founded in 1877 in Decatur, Ill., to continue its operations, save jobs, and boost its online presence.
Roman Catholic Bishop of Great Falls
Great Falls, MT
The firm represented the official committee of unsecured creditors for the Diocese of Great Falls-Billings, Montana. The committee consisted of eight survivors of clergy sexual abuse. The committee reached a settlement of 86 abuse claims for $20 million.
BCBG Max Azria
Vernon, CA
The firm represented the creditors’ committee in the chapter 11 cases of national women’s clothing retailer BCBG/Max Azria. During the case, BCBG faced a weak retail and mall environment, poor wholesale and intellectual property licensing strategies, substantial debt, and decreased brand loyalty. The firm devised a fast-tracked, multi-tier plan to prevent the company from being forced to liquidate while securing payment to the creditors. The firm aggressively and creatively structured a process that definitively enhanced the recovery for unsecured creditors. Postconfirmation, the firm represented the plan administrator tasked with implementing the confirmed plan, including liquidating assets and augmenting recoveries for the benefit of holders of general unsecured claims.
Beamreach Solar
Milpitas, California
The firm represented Beamreach, a Silicon Valley solar technology company, in its capital raising efforts in late 2016 and early 2017. When the funds available became too small to sustain further operations, the firm assisted Beamreach in conducting an orderly winddown process.
Sullivan Vineyards
Rutherford, CA
APVO Corporation
San Francisco, CA
The firm represented the foreign representative for APVO and obtained recognition of French insolvency proceedings and the sale of assets in connection with such proceedings.
American Apparel 2016
Los Angeles, CA
The firm was debtor’s co-counsel to retailer American Apparel and its affiliates in their chapter 11 bankruptcy case filed in November 2016. American Apparel is a nationally known clothing manufacturer and retailer specializing in trendy apparel designed for young consumers. The case included a successful sale process that led to the purchase of the company’s intellectual property rights and certain assets by Canadian apparel maker Gildan Activewear for $88 million after a competitive auction was held, resulting in a net increase of approximately $22 million to the estate. The firm later obtained confirmation of the company’s liquidating plan in November 2018.
Tri-Valley Learning Corporation
Livermore, CA
The firm was debtor’s counsel to Tri-Valley Learning Corporation, a nonprofit that operated two public charter schools in Livermore, California, and two in Stockton, California. After news of financial mismanagement, the schools’ attendance dropped substantially creating cashflow problems beginning in fall 2016. While the company was not able to reorganize, the firm was instrumental in negotiations with lenders and other major constituencies that enabled all four schools to finish the 2016-17 school before discontinuing operations.
Channel Technologies Group
Santa Barbara, CA
The firm was debtor's counsel in the chapter 11 bankruptcy case of Channel Technologies, a designer and manufacturer of piezoelectric ceramics, transducers, sonar equipment, and other related products sold to military, commercial, and industrial customers. Founded locally in 1959 as Channel Industries, the company has research partnerships with the U.S. Naval Research Laboratory and a number of universities, including UC Santa Barbara.
Delivery Agent
San Francisco, CA
The firm was debtor’s co-counsel to Delivery Agent, a San Francisco-based electronic commerce company, in its chapter 11 bankruptcy case. Delivery Agent provides t-commerce capabilities to media and entertainment companies, sports organizations and others. In November 2016, Delivery Agent won bankruptcy court approval of its sale to its lender, which bought the company with a credit bid, after coming to an agreement with unsecured creditors.
New-Cal Neva Lodge
St. Helena, CA
The firm was counsel to the creditors’ committee of New-Cal Neva Lodge. After several competing plans and bids were submitted, the firm confirmed a plan on behalf of the committee that resulted in a sale of the property of $38 million.
PopExpert
San Francisco, CA
The firm represented the creditors' committee in this San Francisco chapter 11 case. PopExpert was an online clearinghouse for expert services in various fields. Its bankruptcy auction featured vigorous bidding that doubled the price paid for the unencumbered assets.
Blue Earth
San Francisco, CA
The firm was debtors’ counsel in the chapter 11 bankruptcy of Blue Earth Inc., a publicly held company that facilitates the commercialization of clean technologies, which was filed in the United States Bankruptcy Court for the Northern District of California. The debtors were able to successfully complete an operational and balance-sheet restructuring in the span of four short months with an infusion of capital and loans from a prepetition senior lender and shareholder under a plan of reorganization that was approved by creditors and the bankruptcy court.
Jumio
Palo Alto, CA
The firm represented the equity committee of Jumio Inc, an online mobile payments and identity verification company, in a chapter 11 protection that was filed in the US Bankruptcy Court in Wilmington, Delaware. Facebook co-founder Eduardo Saverin, main creditor of Jumio, offered to acquire Jumio out of bankruptcy for $22.7 million, inclusive of debt forgiveness and $3.2 million in cash. Saverin’s bid fell short, and Jumio’s assets were sold to an investment firm.
Liberty Asset Management
West Covina, CA
The firm is committee counsel in the Liberty Asset Management Corporation bankruptcy. Liberty allegedly ran a Ponzi-type real estate investment scheme. The committee has undertaken the primary role of recovering real estate assets and prosecuting litigation against the company’s former insiders and their affiliates for breach of fiduciary duty and dissipation of corporate assets.
Premium Transportation Services
Rancho Dominguez, CA
The firm represented the creditors' committee in the chapter 11 case of Premium Transportation, one of Southern California’s largest port trucking companies. At the inception of the case, the debtor indicated that there would be no distribution to unsecured creditors. Through the committee’s investigation of and pursuit of a subordination fight with the debtor’s secured creditors, a plan has been negotiated that is likely to pay trade claims in full and a recovery for other unsecured creditors who were to receive nothing under the debtor’s initial plan.
Henderson Holdings
Sherman Oaks, CA
Henderson Holdings 1, LLC was a single-asset entity that held real property in Greenville, North Carolina. The firm represented the chapter 7 trustee for real estate developer Roger Meyer, Henderson’s managing member and majority owner. In order to administer the property owned by Henderson, the firm obtained the consent of the other members of Henderson and, as representative of its managing member, initiated a chapter 11 case for Henderson and sold the Greenville property through a plan, substantially eliminating default interest and providing a return to the Roger Meyer estate as well as to the other members of Henderson.
Yellow Cab Cooperative
San Francisco, CA
Yellow Cab Cooperative, the largest taxi business in San Francisco, filed for bankruptcy in the wake of a large personal-injury judgment against it that exceeded available insurance coverage by many millions of dollars. The firm represented the creditors' committee, which included Yellow Cab accident victims and a group of class-action plaintiffs, and forced the appointment of a chapter 11 trustee.
Metropolitan Automotive Warehouse
San Bernadino, CA
The firm was special chapter 11 counsel to this automotive parts distributor and Richard Pachulski served as chief restructuring officer.
Homejoy (assignment for the benefit of creditors) LLC
Mountain View, CA
The firm served as committee counsel to the chapter 11 filing of the assignment for the benefit of creditors of Homejoy. Homejoy was a start-up, on-demand cleaning service company based in San Francisco that raised $38 million in funding from investors including Google Ventures.
Fuhu
El Segundo, CA
The firm was debtor’s co-counsel in the chapter 11 case of El Segundo, California, based Fuhu, Inc., a company that designs Nabi tablets and associated accessories. On the same day that Fuhu and its affiliates filed voluntary petitions for relief under chapter 11, it agreed on the principal terms of an asset acquisition by leading toy company Mattel, Inc. The company was bought at auction in January 2016 by Mattel.
Cloudbreak Entertainment
Santa Monica, CA
The firm was debtor’s counsel in the chapter 11 bankruptcy of Cloudbreak Entertainment. Founded by television producer Conrad Riggs, the company provided management, development, production, distribution, and related services in the entertainment industry. The bankruptcy was filed to allow the company to properly defend a pending breach-of-contract suit relating to revenues received by the company from a number of highly successful reality television shows, such as “Survivor” and “The Apprentice,” and, if necessary, restructure any resulting liability and other debts.
Rdio
San Francisco, CA
The firm represented the creditors' committee and thereafter the plan trustee for digital music-streaming service Rdio. Following the sale of substantially all of Rdio’s assets to Pandora, the key parties in the case, including the creditors' committee, equity investors/lenders, and top music labels, negotiated the terms of a consensual plan.
Freedom Communications (2015)
Santa Ana, CA
In the 2015 Freedom Communications case, the firm was again creditors’ committee counsel, and led the Committee’s litigation against directors and officers in connection with the administration of the pension plan.
American Apparel 2015
Los Angeles, CA
The firm was debtor’s co-counsel to retailer American Apparel and its affiliates in a widely publicized chapter 11 bankruptcy that commenced in October 2015. American Apparel is a nationally known clothing manufacturer and retailer specializing in trendy apparel designed for young consumers. A major institution in the fashion industry, the company filed chapter 11 due to increasing liquidity challenges. The company entered bankruptcy with a negotiated deal with its secured lenders to exchange approximately $200 million in senior notes for equity in reorganized American Apparel. With overwhelming creditor support, the restructuring plan was approved in January 2016.
NewZoom
San Francisco, CA
The firm was debtor’s counsel to NewZoom, Inc. in its chapter 11 case. NewZoom operated “ZoomShops,” custom-branded automated self-service retail kiosks that were located in malls, airports, and similar locations.
Quiksilver
Huntington Beach, CA
The firm was debtor’s co-counsel in the chapter 11 case of Quiksilver, Inc. Based in Huntington Beach, California, the company designs, develops, and distributes surfwear-branded apparel, footwear, accessories, and related products internationally. Quiksilver filed bankruptcy with a detailed restructuring plan and preliminary approval from the court for a $175 million financing package, which called for debt holder Oaktree Capital Management to become a majority owner of the brand. With the firm’s guidance through its bankruptcy case, Quicksilver obtained court approval in February 2016 of its turnaround plan, and the company emerged from bankruptcy a mere five months after filing chapter 11.
Haggen Holdings
Bellingham, WA
The firm represented the creditors’ committee in the bankruptcy of Haggen Holdings and its affiliates. Haggen is a Seattle-based company that, at the time of the bankruptcy filing, owned and operated 164 Haggen grocery stores across 5 states primarily on the West Coast. At the time of filing, Haggen had in excess of over $154 million of secured liabilities. The firm prosecuted a multi-day trial against the debtors’ private equity owners and insider affiliates to unwind alleged fraudulent transfers that moved valuable real estate assets away from the debtors into nondebtor real estate holding companies. The trial paved the way for a consensual global case settlement.
Response Genetics
Los Angeles, CA
The firm was chapter 11 bankruptcy counsel to this company engaged in the research and development of clinical diagnostic cancer testing. The firm negotiated an asset-purchase agreement for the sale of substantially all of the company’s assets. The chapter 11 case was commenced, operations stabilized, and sale closed in the short span of sixty days.
Z'Tejas Restaurant Holdings
Scottsdale, AZ
The firm was debtor’s counsel to Z’Tejas, which operates a chain of “Tex-Mex” restaurants in Arizona and Texas. The firm negotiated an asset purchase agreement for the sale of substantially all of the company’s assets. The chapter 11 case was commenced, the company’s operations stabilized, and the sale closed in the short span of sixty days. Hundreds of jobs were saved and general unsecured creditors are expected to receive a distribution.
Turnberry/MGM Grand Towers
Las Vegas, NV
The firm served as counsel to the creditors’ committee of Turnberry/MGM Grand Towers, LLC and two affiliated debtors in the United States Bankruptcy Court for the District of Nevada. The debtors were a joint venture between Turnberry and MGM, which built three luxury condominium towers behind the MGM Grand on the Las Vegas strip. The debtors filed bankruptcy to address litigation by plaintiffs who accused the debtors of fraud, among other causes of action, in selling the condo towers.
Anna's Linens
Costa Mesa, CA
The firm was counsel to the creditors' committee of Anna’s Linens, which at the time of its filing for chapter 11 operated 261 Anna’s Linen stores in 19 states and generated $300 million plus in revenue on an annual basis.
Deerfield Ranch Winery
Glen Ellen, CA
The firm represented the creditors' committee in this chapter 11 case. The debtor’s plan paid unsecured creditors in full, plus interest. Five years later, the winery’s principals approached the firm about representing the winery itself in an out-of-court restructuring of first lien debt held by Rabobank. The restructuring—in which the bank agreed to accept a discounted payoff and release the guarantors—was successful. The winery remains a vibrant part of the Sonoma Valley economy.
Hipcricket
Bellevue, WA
The firm was debtor’s counsel to Hipcricket, which provides mobile advertising and marketing solutions through its proprietary, mobile engagement platform. The approved chapter 11 plan implemented ESW's $7.7 million deal to acquire Hipcricket and distributed the proceeds to creditors. Unsecured creditors, who may have received nothing under the original $4.5 million stalking horse offer, saw a return of “at least 20 cents on the dollar” under the ESW-sponsored plan.
Wet Seal
Foothill Ranch, CA
The firm was counsel to the creditors' committee of this publicly traded retailer. Wet Seal specializes in fast fashion apparel, footwear, and accessories designed for teen girls and young women. Immediately prior to its filing for bankruptcy, Wet Seal had over 500 stores in retail locations throughout the country and over 6,500 employees. The debtors originally proposed a prenegotiated plan offered unsecured creditors with stock or a limited cash component option. Through the firm’s efforts, the debtors accepted an overbid to the plan from a third party that provides a materially enhanced guaranteed cash component to unsecured creditors.
Dendreon Corporation
Los Angeles, CA
The firm represented FUJIFILM Diosynth Biotechnologies in connection with Dendreon’s chapter 11 case and the transfer of FDB’s contract with Dendreon to a purchaser of Dendreon’s business. FDB's predecessor manufactured a component antigen for a cancer-fighting drug distributed by Dendreon.
Ultura (LA)
Long Beach, CA
The firm represented Ultura, fka APTwater, in connection with its chapter 11 case in Delaware. Ultura was a specialist in the treatment of difficult-to-treat wastewater and fluids through advanced membranes and modules. The firm succesfully completed a sale and global settlement of issues with all key constituents in the case.
Variant Holding Company
Tucson, AZ
The firm was debtor’s counsel to Variant, which acquires and operates multifamily residential properties, self-storage, and office properties, as well as hospitality assets. In March 2015, Variant was allowed to sell $275 million in property, allowing the company's nondebtor subsidiaries to sell the bulk of their real estate assets.
Mineral Park
Golden Valley, AZ
The firm represented Mineral Park and its affiliates in chapter 11 cases before the United States Bankruptcy Court, District of Delaware. Mineral Park owned and operated a large copper and molybdenum mine and mill in northwest Arizona. Despite severe operational challenges and a dramatic drop in copper and molybdenum prices during the pendency of the case that forced the mine to transition from an ongoing operation to “care and maintenance” status, the firm oversaw a sale of the mine in January of this year. The firm was also able to negotiate a settlement of competing claims relating to a “silver streaming transaction” that threatened to derail the sale process and is presently attempting to the remaining, conflicting claims of secured creditors to the proceeds of sale.
S.B. Restaurant Company (Elephant Bar)
Costa Mesa, CA
The firm represented S.B. Restaurant Co., the owner and operator of a restaurant chain known as Elephant Bar and Restaurant. After filing the bankruptcy cases and stabilizing the debtors’ operations, the debtors' assets were marketed on a national basis. At the conclusion of the marketing period, the firm negotiated an asset-purchase agreement with a large national restaurant and hospitality operator. The sale was approved and closed within a span of 75 days.
Woodforest Square LLC
Sherman Oaks, CA
The firm was chapter 11 bankruptcy counsel for Woodforest Square, LLC (“Woodforest”), the owner of a shopping center located in Houston. Woodforest was owned by an entity controlled by chapter 7 debtor Roger W. Meyer, in a related case before the U. S. Bankruptcy Court for the Central District of California. The firm represented the chapter 7 trustee for the estate of Roger W. Meyer; Woodforest Square shopping center was one of several real estate developments administered by the trustee on behalf of the Meyer estate. Through the chapter 11 proceedings, Woodforest was able to reach a settlement with its secured lender and sell the shopping center for a price exceeding the secured debt by approximately $2 million. In May 2015, a plan was confirmed that paid all creditors in full and distributed significant funds to equity.
Amonix (Solar)
Seal Beach, CA
The firm represented Amonix in an out-of-court workout. Founded in 1989, Amonix is headquartered in Seal Beach, California, with an additional R&D facility in Torrance, California. Amonix is the world’s leading designer and manufacturer of concentrator photovoltaic (CPV) commercial solar power systems.
Easy Life Furniture
Buena Park, CA
The firm represented the official committee of unsecured creditors in the chapter 11 case of Easy Life Furniture in Orange County, California. Easy Life was a family-owned and operated furniture retail chain that sold furniture to the consumer marketplace through the operation of its retail stores located in Southern California.
Select Staffing
Santa Barbara, CA
During 2010 through early 2013 the debtors pursued various restructuring alternatives, including a sale of their assets and a consensual restructuring with their secured lenders. None of these alternatives succeeded. Although the debtors were a profitable company, valuations obtained during the sale process were not sufficient to satisfy creditor and equity constituencies. The chapter 11 restructuring right sized the balance sheet, injected liquidity, resulted in the appointment of a very sophisticated board of directors and ended years of hostility with creditor constituencies thereby enabling the company to focus on its business prospects.
Event Rentals
Inglewood, CA
The firm served as counsel to the creditors' committee in this chapter 11 bankruptcy of the business known nationally as Classic Party Rentals. The company was saddled with more than $200 million in debt when the case was filed. Even though unsecured creditors were “out of the money,” the firm negotiated a settlement that made a distribution possible while ensuring creditors would be immune from any postconfirmation litigation.
BR Festivals
Napa, CA
BR Festivals put on the Bottle Rock Festival in Napa in 2013. Despite impressive turnout and a successful event from the visitor’s perspective, expenses far exceeded income. The firm represented the creditors’ committee in this liquidating chapter 11 case that featured clawback actions and preferred insiders
Hot Dog on a Stick
Santa Monica, CA
The firm was counsel to the creditors’ committee to HDOS Enterprises, which operated Hot Dog on a Stick and Muscle Beach Lemonade restaurants. The company was sold through a 363 process; a plan was subsequently confirmed that paid general unsecured creditors 100%.
Roman Catholic Bishop of Helena, Montana (Diocese of Helena)
Helena, MT
The firm was counsel to the official creditors’ committee of the Diocese of Helena, which filed bankruptcy to resolve more than 360 claims of childhood sexual abuse by diocesan priests, religious community priests, and lay workers in the diocese. The diocese spans western and north-central Montana. It has 58 parishes, 38 missions, 5 cemeteries, and more than 1,100 children enrolled in 6 diocesan schools. Three Catholic hospitals and one Catholic college are also located within the diocese. In March 2015, the court confirmed a consensual plan that compensates the survivors.
Martifer Solar USA
Los Angeles, CA
The firm was counsel to the creditor's committee of Martifer Solar USA, Inc., a solar engineering, procurement, and construction (“EPC”) company that implements commercial and industrial scale solar installations throughout the country. Martifer USA has installed more than 45 MW (megawatts) of solar assets nationwide, implementing a variety of solar technologies, including ground mounted systems, roof mounted arrays, building integrated photovoltaics, distributed arrays, and solar canopies.
Roman Catholic Bishop of Stockton (Diocese of Stockton)
Stockton, CA
The firm represents the official creditors’ committee in the Diocese of Stockton’s bankruptcy case, which filed bankruptcy before any cases went to trial concerning childhood sexual abuse. The diocese is located in the San Joaquin Valley of California. The diocese has 35 parishes, 14 missions, and 3 cemeteries. Twenty Catholic schools and 2 Catholic universities are located in the diocese.
Evergreen International Aviation
McMinnville, OR
The firm represented the chapter 7 trustee in this global aviation services company. The firm played a significant role in the sale of the bulk of the company's assets for nearly $5 million after resolving several objections from the FAA and an Arizona-based aircraft repair station that asserted it had mechanics and garage-keepers liens on some of the debtor's assets.
Fisker Automotive
Anaheim, CA
The firm was co-counsel to this American automaker in its chapter 11 case in Delaware bankruptcy court. Fisker was the manufacturer of one of the world’s first production plug-in hybrid electric vehicles. The company was bought by Chinese auto-parts conglomerate Wanxiang Group through the chapter 11.
Nirvanix
San Diego, CA
The firm represented Khosla Ventures, the postpetition lender and sponsor of this provider of cloud-storage systems.
KSL Media
Encino, CA
The firm is counsel to the chapter 7 trustee of KSL Media (previously represented the creditors' committee in the case). Prior to its downturn, KSL Media was one of the largest independent media buying companies in the country. On behalf of the committee, the firm aggressively questioned the company’s chapter 11 strategy and commenced an investigation of several current and former executives of the company. Following the company’s decision to voluntarily convert its chapter 11 case to one under chapter 7, the firm was retained by the chapter 7 trustee to complete this complex winddown involving nearly 1000 creditors asserting nearly $100 million in claims. As part of the recovery, the trustee has commenced several actions against third parties. Moreover, the firm designed an economical claims-resolution strategy that will shave substantial litigation costs off the total costs of administration for the case. The firm anticipates that creditor recoveries will be substantially increased as a result of these efforts.
IntraOp Medical Corporation
Sunnyvale, CA
IntraOp manufactured a cancer-scanning medical device. When the company filed for bankruptcy, proposing to allow a friendly foreclosure and pay unsecured creditors nothing, the firm sought to recharacterize the secured debt as equity by filing an adversary proceeding against the purchaser. A favorable settlement quickly ensued.
Orchard Supply Hardware Stores
San Jose, CA
The firm represented the creditors' committee in the OSH chapter 11 case, filed in Delaware in June 2013. The debtors’ going-concern sale to Lowe’s featured more than $40 million of trade-debt assumption.
Palm Drive Health Care District
Sebastapol, CA
The firm twice represented the committee of unsecured creditors appointed in the chapter 9 municipal bankruptcy cases of the Palm Drive Health Care District, located in Sebastopol, California. In Palm Drive’s first case, commenced in April 2007, the firm helped to formulate a consensual plan of adjustment that enabled the district to emerge from chapter 9 protection in May 2010. In April 2014, Palm Drive commenced its second case. The firm was again engaged to represent the creditors’ committee and helped to reach a settlement for a consensual plan that became effective in July 2019.
GGW Brands
Santa Monica, CA
The firm served as counsel to Wynn Las Vegas and Steve Wynn, the largest creditors of GGW Brands LLC and its subsidiaries in connection with GGW’s chapter 11 bankruptcy cases. The company was the producer and distributor of "Girls Gone Wild" and other adult entertainment through web, pay-per-view and DVD platforms. The firm successfully obtained the appointment of a trustee to take control of GGW’s business, which ultimately was sold in order to pay creditors’ claims.
Rodeo Creek Gold
Reno, NV
The firm served as counsel to the official committee of unsecured creditors of Rodeo Creek Gold, whose assets generally consisted of a trial gold mine known as the Hollister trial-mine, the Esmeralda Mill, and 950 unpatented federal mining claims covering 42 square miles on the Carlin Trend gold belt. On behalf of the committee, the firm successfully negotiated a resolution for unsecured creditors and represented the liquidating trust of Rodeo Creek postconfirmation.
Gabriel Technologies Corporation
San Francisco, CA
The firm represented the creditors’ committee in the chapter 11 cases of debtors involved in intellectual property litigation with Qualcomm Incorporated.
San Diego Hospice & Palliative Care
San Diego, California Bankruptcy Court - Southern District
The firm represented the official committee of 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. 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 was 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, CA
The 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, CA
The firm represented American Suzuki Motor Corporation ("ASMC") in its chapter 11 case in the Central District of California (Santa Ana Division). ASMC was the sole distributor in the continental United States of Suzuki automobiles, motorcycles, all-terrain vehicles, and outboard engines. On the first day of the case, the firm filed a chapter 11 plan and a sale motion that were designed to terminate ASMC’s automobile division and continue and sell the operation of the other three divisions to a company formed by Suzuki Motor Corporation of Japan. In connection with the Plan, the ASMC rejected over 200 agreements with ASMC’s independent automobile dealers and the firm negotiated claim settlements with all of the dealers. Notably, 97% of the claim settlements were completed within 30 days after the commencement of the case. The firm obtained the necessary support of creditors and confirmed a chapter 11 liquidating plan less than four months after the petition date. The sale through the plan preserved the hundreds of ASMC motorcycle, all-terrain vehicle, and marine dealers while at the same time ensuring 100% payment to unsecured creditors.
Mendocino Coast Health Care District
Mendocino, CA
The firm was counsel to the Mendocino Coast Health Care District in its chapter 9 case in the U.S. Bankruptcy Court for the Northern District of California, in Santa Rosa. The district owns a 25-bed acute-care hospital located in Ft. Bragg and also operates a primary-care clinic and home health service.
Meridian Sports Clubs California
North Hills, CA
The firm successfully guided Meridian Sports Clubs California, which operates fitness clubs in California, Hawaii and Nevada, through its successful chapter 11 reorganization.Meridian exchanged debt for equity held by an affiliate of Praesidian Capital, a leading provider of mezzanine capital for small and mid-sized companies, and an affiliate of another mezzanine lender.
Tri-Valley Oil & Gas
Bakersfield, CA
The 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, CA
The firm represented this leading provider of wound-care solutions for long-term care facilities in the United States in its successful reorganization under chapter 11. Gordian was involved in litigation involving difficult factual issues and regulatory and statutory arguments against (and negotiations with) various agencies of the U.S. government and the State of California, as well as litigation with numerous third parties over claims and pending contracts. Through the firm’s efforts, the federal Centers for Medicare & Medicare Services's froze of tens of millions of dollars of payments to the company was lifted; settlements were reached with CMS, the IRS and California’s Franchise Tax Board; and a plan of reorganization was confirmed, allowing Gordian to emerge from bankruptcy protection.
CyberDefender Corporation
Los Angeles, CA
The 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.
Peak Broadcasting
Fresno, CA
The 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.
Trident Microsystems
Sunnyvale, CA
The 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
Sunnyvale, CA
William Lyon Homes
Newport Beach, CA
The firm was 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 delevered balance sheet.
Nevada Cancer Institute
Las Vegas, NV
The firm represented 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, CA
The 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.
Solyndra
Fremont, CA
The firm was debtor’s counsel to Solyndra, which 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 intercreditor disputes, provided the means to maximize asset values, and preserved net operating losses at the parent level. Postconfirmation, the firm represented the trustee of the Solyndra Residual Trust created under the plan.
Renaissance Surgical Arts at Newport Harbor
Costa Mesa, CA
The firm represented 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, HI
The firm represented the creditors' committee in the bankruptcy of a nonprofit hospital system in Honolulu. The committee objected to an initial plan by the hospitals that proposed to give nothing to unsecured creditors and negotiated a modification of the plan that would provide unsecured creditors with a pro rata share of a liquidating trust. Ultimately, however, the debtors were not able to attract a buyer that was satisfactory to their secured lenders, resulting in all major constituencies in the case agreeing to an orderly winddown of the hospitals.
Rocket Farms
Honolulu, HI
Harry & David Holdings
Medford, OR
The firm was co-counsel and conflicts counsel to the creditors' committee in the prearranged case of Harry & David, a producer and marketer of premium gift-quality fruit, gourmet food products, and specialty gifts headquartered in Medford, Oregon.
No Fear Retail Stores
Carlsbad, CA
No Fear was a popular motocross apparel retailer based in Carlsbad, California. After being appointed committee counsel, the firm worked diligently to preserve the company’s going-concern business by facilitating a financing and stabilizing the company’s operations. The firm played a key role in conducting two successful sales; one for No Fear’s intellectual property and the other for the retail operations. The sales ensured that No Fear’s unsecured creditors would receive a distribution and have a trading partner with the salvaged retail operation.
Hardage Hotels
San Diego, CA
The firm represented Hardage Hotels II, LP in its chapter 11 bankruptcy case in Delaware. Hardage Hotel’s primary asset was a hotel in Rockville, Maryland
SCI Real Estate Investments
Los Angeles, CA
The firm represented Secured California Investments and SCI Real Estate Investments in a chapter 11 bankruptcy case in Los Angeles. SCI had an outstanding history of acquiring and syndicating interests in commercial real estate properties, most often on behalf of tenants in common and other private investors. The firm led the company’s restructuring efforts, confirming a chapter 11 plan in conjunction with the creditors' committee, on terms that wound down SCI’s business for the benefit of creditors.
Contessa Premium Foods
San Pedro, CA
The firm was co-counsel 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 allowed creditors to be paid in full.
Consolidated Horticulture Group
Irvine, CA
The firm represented CHP in its chapter 11 cases, which operated one of the largest commercial nursery operations in North America, producing and distributing one of the broadest assortments of ornamental shrubs, color plants, and container-grown plants in the industry. CHP sold its products to more than 1,180 retail and commercial customers, representing more than 6,670 outlets throughout the United States, including premium local and regional garden centers, as well as leading national home centers and retailers, such as The Home Depot, Lowe’s and Wal-Mart. The firm was instrumental in effectuating a sale of the company’s assets to New Hines Holding Company and wound up the remainder of the cases through a structured dismissal.
Toni Braxton
Los Angeles, CA
The 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, CA
The firm represented Victor Valley Community Hospital in its 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, CA
The firm was co-counsel to Claim Jumper Restaurants, a restaurant chain inspired by California's Gold Rush. Claim Jumper operates forty-five restaurants in eight states, offering American cuisine with a modern twist. Claim Jumper filed for bankruptcy protection to seek an expedited sale of its assets to a stalking horse bidder, but sold its assets to competing bidder Landry's Restaurants at auction. Under the liquidating plan, secured lenders received a share of leftover cash from the $76.6 million sale and holders of general unsecured claims received pro rata distributions from a trust funded with $1.84 million of the sale proceeds.
Apex Digital
Walnut, CA
The firm represented the creditors’ committee in the chapter 11 case of Apex Digital 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. Apex Digital and the committee confirmed a joint plan of reorganization in 2013.
ISE Corporation
Poway, CA
The firm was counsel for the creditors’ committee in this case filed in the Southern District of California. ISE Corporation was a manufacturer of clean technology fuel emission drive systems.
Charleston Associates
Las Vegas, NV
The firm was co-counsel to Charleston Associates and certain affiliates in their chapter 11 bankruptcy case. Charleston Associates owned a large, high-end shopping center in Las Vegas. 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, CA
The 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.
Specialty Trust
Reno, NV
The firm represented Specialty Trust in its chapter 11 case. Specialty Trust was a Reno-based real estate investment trust (REIT) that managed 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.
Escom
Calabasas, CA
The firm represented Escom LLC in its chapter 11 proceedings before the United States Bankruptcy Court, Central District of California. The firm advised Escom on the sale of its primary asset—the internet domain “sex.com”—for $13 million, a then-record for a single domain.
Movie Gallery (2010)
Wilsonville, OR
The firm represented the creditors' committee in the chapter 22 case (second chapter 11 filing) of the nation's second largest video retailer. The representation began as counsel to the ad hoc committee of motion picture studios; when the studios were appointed to the official creditors' committee, the firm transitioned to committee counsel.
Arlie & Company
Eugene, OR
The firm replaced the original debtor’s counsel in this real estate chapter 11 case 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, CA
The 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, CA
The firm was counsel to the creditors' committee in this bankruptcy case in the Southern District of California. Daphne's is a specialty restaurant chain headquartered in San Diego with 67 locations throughout the western United States at the time of filing.
Fasteel Corporation, MMFX Steel Corporation and MMFX Technologies Corporation
Irvine, CA
The 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.
Mesa Air Group
Phoenix, AZ
The firm represented the regional air carrier Mesa Air Group and its affiliated companies in their chapter 11 cases 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, CA
The firm was counsel to the creditors' committee in the chapter 11 cases of Walking Company, Big Dog USA and Walking Company Holdings, which are nationwide retailers of shoes and apparel that operated 135 retail stores in malls, shopping centers, outlet centers, and stand-alone locations in 24 states across the southeast, mid-atlantic and midwest regions.
Majestic Star Casino
Las Vegas, NV
The firm served as co-counsel 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.
Georges Marciano
Beverly Hills, CA
The firm represented 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 or statements or otherwise disclose assets, liabilities, and transfers. The debtor and many of his alleged assets were located in Canada, necessitating the commencement of an involuntary proceeding 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.
Galleria USA
Anaheim, CA
The 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, CA
The firm represented the official committee of unsecured creditors of this developer of a condominium project in downtown Los Angeles.
Clement and Ann Marie Carinalli
Sonoma, CA
The 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, CA
The firm represented Legendary Investors in proposing a secured creditor plan in the heavily contested chapter 11 bankruptcy of Meruelo Maddux and affiliates, at one time the largest private landowner in downtown Los Angeles. Legendary Investors, which was the largest secured creditor of the debtors, obtained a very favorable settlement of its claims prior to commencement of the confirmation proceedings (which involved two other plans).
Freedom Communications (2009)
Irvine, CA
Freedom 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. Specifically, the Firm, on behalf of the creditors’ committee, pursued fraudulent-conveyance claims relating to the insider LBO, which materially raised unsecured recoveries from 5% to 70%.
ProtoStar Ltd.
San Francisco, CA
The 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.
MagnaChip Semiconductor
Sunnyvale, CA
The 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. 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, CA
Representation of Accredited Home Lenders Holding Company in its chapter 11 case in the District of Delaware. The case involved liquidation of the subprime lender’s assets and resolution of class-action litigation.
S&B Surgery Center
Beverly Hills, CA
S&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.
Humboldt Creamery
Fortuna, CA
Humboldt 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 then the liquidating trustee postconfirmation.
Z Gallerie
Gardena, CA
The firm was counsel to Z Gallerie in its chapter 11 case, a $200 million, family-owned, specialty home-furnishing retailer. Less than six months after commencement of the chapter 11 case, the court approved the company's reorganization plan. Pursuant to the plan, Z Gallerie's founders maintained their ownership stake and the company continued to operate fifty-five retail locations throughout the United States.
Rhodes Homes
Las Vegas, NV
The firm was counsel to Rhodes Homes in its chapter 11 case as well as 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 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.
Fleetwood Enterprises
Riverside, CA
The 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
Los Angeles, CA
The 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, CA
The firm represented Pacific Energy Resources and its affiliates in their chapter 11 cases. The debtors were independent energy companies that developed and produced oil and gas in offshore drilling facilities in California and Alaska. The debtors had over $500 million in debt and generated over $200 million in revenue, and the parent was publicly traded on the Toronto stock exchange. The debtors were sold successfully as going concerns and a plan was confirmed.
Monaco Coach
Coburg, OR
The 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, CA
The firm represented Robbins Brothers in its chapter 11 case, one of the nation's largest retailers of engagement rings and other forms of jewelry. The company, which operated stores in California, Illinois, and Texas, completed a going concern sale to its majority equity sponsor.
WL Homes LLC dba John Laing Homes
Irvine, CA
The firm was 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, CA
The firm represented the creditors' committee in the bankruptcy case of Pacifica Hospital of the Valley, which operates a hospital near Los Angeles. The firm litigated against and successfully negotiated with the hospital’s secured creditors to achieve a settlement for the benefit of the unsecured claims. The settlement was memorialized into a plan, which paid $4,575,000 to unsecured creditors (the original offer from the hospital was for no money). After the plan was confirmed by the bankruptcy court, the firm represented the posteffective-date committee and the trustee tasked with enforcing the rights of unsecured creditors under the confirmed plan.
Society of Jesus Oregon Province
Portland, OR
The firm represented 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, CA
The firm represented Right Start and Babystyle, a specialty children’s clothing and goods retailer, in their chapter 11 cases. Through their forty stores, the debtors had annual revenues of approximately $50 million. The asset were sold sale and the proceeds distributed through a plan of liquidation.
Retail Pro
La Jolla, CA
The firm represented La Jolla, Calif.-based Retail Pro, a provider of merchandising software to retailers, and several of its affiliates in their chapter 11 cases. The retailer was sold for $21.3 million to secured creditors Laurus Master Fund Ltd. and Midsummer Investment Ltd. on April 24, 2009.
Heller Ehrman
San Francisco, CA
The firm was 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. Heller dissolved and filed a voluntary chapter 11 petition in late December 2008 in order to preserve the right to pursue a significant avoidance action.
Namvar/Namco
Los Angeles, CA
The firm was 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 were owed over $500 million. Namvar was convicted of wire fraud. The firm litigated 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 were 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 trustees in order to generate funds for the satisfaction of creditors' claims.
EZ Lube
Costa Mesa, CA
The 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.
Sunwest Management
Salem, OR
The 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, CA
The 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.
Ltd Ceramics
Newark, CA
The firm represented the prepetition ad hoc creditors' committee of this specialty maker of ceramics for the chip industry in Silicon Valley.
Washington Mutual
Seattle, WA
The firm represented an ad hoc group comprising a large subset of the holders of WMB senior notes. The firm actively represented the interests of the group in connection with the chapter 11 cases of Washington Mutual, Inc. and WMI Investment Corp., resulting in a global settlement agreement and confirmed plan of reorganization that benefited all holders of WMB senior notes.
Vineyard Christian Fellowship of Malibu
Malibu, CA
The 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, OR
Nashville 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 represented these debtors in their Nashville-filed chapter 11 cases.
Barbeques Galore
Carlsbad, CA
The firm represented Barbeques Galore, the nation's leading specialty barbeque retailer, in its chapter 11 proceeding. The firm led the company through a "private sale" pursuant to section 363 of the Bankruptcy Code, whereby its business was sold on a going-concern basis to an affiliate of Grand Home Enterprises.
Century City Doctors Hospital
Los Angeles, CA
A member of the firm represented secured lenders in the chapter 7 bankruptcy of this Los Angeles hospital and affiliated surgery center, including negotiating and implementing postpetition financing.
MedAvant Healthcare Solutions
Santa Ana, CA
The firm represented Marlin Equity Partners 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.
Western Nonwovens
Carson, CA
The firm was 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 provided a recovery to unsecured creditors.
Estate Financial, Inc.
Paso Robles, CA
The 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, CA
The 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, CA
The firm represented the chapter 11 trustee in this case. Mr. Del Biaggio was accused of defrauding investors and lenders of at least $50 million and perpetrating a Ponzi scheme. The case's most significant asset was a minority interest in a National Hockey League team.
Empire Land
Rancho Cucamonga, CA
The 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, CA
This 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.
Karykeion Inc.
Studio City, CA
The firm represented Avanti Health System, the purchaser of a hospital from Karykeion in its chapter 11 case.
Answer Financial
Encino, CA
The 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, CA
The firm represented 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.
Perris, CA
The 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, OR
The 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.
Dunmore Homes
Granite Bay, CA
The 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, CA
The firm represented Thorpe Insulation Company in its chapter 11 case in the Central District of California. At one time, Thorpe was the largest independent mechanical insulation contractor in the western United States. Thorpe had over 2,000 asbestos claims pending against it when it filed for bankruptcy protection, and multi-district coverage litigation against its insurers. The firm is in the process of confirming a plan, over the objections of insurers, to establish a trust for administering asbestos claims and a channeling injunction under section 524(g) of the Bankruptcy Code.
A member of the firm represented the asbestos-related settlement trustee appointed in this case.
Billing Resource (Integretel)
San Jose, CA
The 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.
Currie Technologies
Chatsworth, CA
The firm represented the creditors' committee in the chapter 11 case of this middle-market manufacturer of electric scooters in Woodland Hills, California. The committee was largely manufacturers located in the People's Republic of China. The company's assets were sold through the bankruptcy case.
Delta Entertainment
Los Angeles, CA
Delta 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.
Alert Cellular
Carpenteria, CA
The firm represented this western U.S. retailer of wireless products its chapter 11 case in Santa Barbara. The firm obtained confirmation of the company's plan of reorganization within nine months, which provided for payment to creditors.
Custom Food Products (2007)
Carson, CA
The 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.
Pleasant Care Corporation
La Canada, CA
Represent 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, CA
The firm represented Irvine-based People's Choice Home Loan and two of its affiliates in their chapter 11 case. Warehouse line liquidity, repurchase requests, and reduced pricing for nonprime loans in the secondary market led to the filing. The company intended to utilize chapter 11 to explore financial and strategic alternatives with respect to its strong core assets.
Roman Catholic Bishop of San Diego
San Diego, CA
The 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.
Pacific Lumber
Scotia, CA
The firm represented the creditors' committee in the bankruptcy case of Pacific Lumber Company and its affiliates. The case involved a wide range of timber-related assets, including over 200,000 acres of prime forestlands, a lumber mill, a cogeneration plant, and a company town. Through the efforts of the firm, the committee, as coproponent of a confirmed plan of reorganization, was successful in realizing an estimated 75% return for unsecured creditors, despite the fact that the company had approximately $900 million of senior secured debt and over $20 million in underfunded pension obligations.
Scotia Pacific Company
Scotia, CA
Two members of the firm represented holders of in excess of $200 million of secured notes in the chapter 11 case of Scotia Pacific, an affiliate of Pacific Lumber, including in connection with two appeals to the federal Fifth Circuit Court of Appeals.
Prime Measurement Products
City of Industry, CA
The 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, CA
The firm represented OwnIt Mortgage Solutions, a Southern California-based subprime mortgage lender in its chapter 11 case filed in Los Angeles. In 2005, OwnIt originated approximately $8.3 billion in subprime mortgage loans.
A member of the firm represented the creditors' committee and subsequently the liquidating trustee in this case before joining the firm.
West Contra Costa Healthcare District
San Pablo, CA
The firm represented 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, CA
The 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.
Copeland's Enterprises
San Luis Obispo, CA
In 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, CA
A member of the firm served as the patient care ombudsman and consumer privacy ombudsman in this case, appointed pursuant to the Bankruptcy Code by the Office of the United States Trustee. The firm represented the ombudsman in the discharge of his duties in these two roles.
Western Medical
Prescott, AZ
The 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.
Prediwave
Fremont, CA
The 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, CA
The firm was 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 worked with the two trustees appointed in the cases to sell the music catalog that included recordings by Tupac Shakur and other rap music superstars.
SeraCare Life Sciences
Oceanside, CA
The 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, CA
The 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, CA
Prior 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.
Nellson Nutraceutical
Irwindale, CA
Nellson 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.
Olympia Group
City of Industry, CA
The 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.
Telogy
Union City, CA
The firm represented this high-tech distribution company located in Silicon Valley that had approximately $100 million in revenue. The company was successfully reorganized.
Proxim Corporation
San Jose, CA
The 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.
Mercury Plastics
City of Industry, CA
The 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, WA
The firm represented the official committee of tort litigants in the chapter 11 case of the Catholic Diocese of Spokane. The committee obtained the first-ever trial-court judgment holding that parish real property is property of the diocese. The Diocese negotiated a plan of reorganization with the committee that was confirmed.
Palomba Weingarten
Los Angeles, CA
The firm served as counsel to the examiner appointed in the chapter 11 case of Palomba Weingarten in the Central District of California. The debtor owned and managed several companies related to a residential development project located in San Diego, California. The examiner was appointed to analyze whether the debtor and her spouse had 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, which involved the investigation and analysis of complex legal and factual issues, increased the distribution to creditors.
Sydran Services
San Ramon, CA
The 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.
Crescent Jewelers
Oakland, CA
Crescent was a leading West Coast-based specialty jewelry chain with 123 stores located in 3 states with scheduled assets of $128 million and liabilities of $164 million. The firm represented the creditor's committee in this case, which featured a sale process aimed at both strategic and financial buyers, together with efforts toward a negotiated plan of reorganization.
Fresh Choice
Newark, CA
The 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.
Candescent Technologies
San Jose, CA
The 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.
Flintkote Company
San Francisco, CA
Flintkote 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 was co-counsel for Flintkote in the case.
Sega Gameworks
Glendale, CA
The firm was 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, WA
In 2004, a member of the firm was appointed, pursuant to a request of the United States Securities and Exchange Commission, to serve as the examiner in the bankruptcy cases of Metropolitan Mortgage & Securities and Summit Securities, two financial services companies with more than $3.5 billion in debt and facing significant allegations of financial fraud. The examiner's team, including the firm's attorneys Jeremy Richards and Jonathan Kim and forensic accountants, published two voluminous reports in six months, on time and within budget. The reports were the subject of compliments by opposing parties and the bankruptcy judge alike.
Santa Paula Memorial Hospital
Santa Paula, CA
The firm represented the County of Ventura in acquiring a hospital for the local healthcare department to operate.
Redback Networks
San Jose, CA
The 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, CA
The 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, CA
The 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.
Deltagen
San Mateo, CA
The 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.
Key3Media
Los Angeles, CA
In 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, CA
The 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, CA
The 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.
Clarent Corporation
Redwood City, CA
Clarent, 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.
General Magic
Sunnyvale, CA
The 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, CA
The 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.
Peregrine Systems
San Diego, CA
The firm represented the debtor in the successful reorganization of Peregrine Systems, a major producer and distributor of business software systems whose operations had been plagued by accounting fraud. The firm helped the Peregrine divest itself of its Remedy division in chapter 11 for more than $350 million and confirmed a plan of reorganization restructuring more than $400 million of debt and providing a recovery for both shareholders and securities fraud claimants. Shortly after its exit from chapter 11, reorganized Peregrine was acquired by HP.
Health Plan of the Redwoods
Santa Rosa, CA
The 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.
Yipes Communications
San Francisco, CA
The 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, CA
The 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.
Globalstar
San Jose, CA
The firm served as cocounsel to the creditors' committee in this case. A chapter 11 plan was confirmed.
Kushner-Lock Company
Los Angeles, CA
The 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.
Healthcentral.com
Emeryville, CA
The 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.
At Home
Redwood, CA
The 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.
Covad Communications
San Jose, CA
The 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.
Cimms
Glendale, CA
The 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, CA
The 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.
Webvan Group
Foster City, CA
Webvan 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.
Metricom
San Jose, CA
The 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, CA
The 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.
Reed Slatkin
Los Angeles, CA
The 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.
Quokka Sports
San Francisco, CA
We 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, CA
Track 'n Trail and its sister company, Overland Trading, were 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 represented Track 'n Trail in its chapter 11 restructuring.
PG&E Corporation
San Francisco, CA
The 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. When it was filed, the utility case was the largest chapter 11 filing in California history with more than $24 billion in assets and more than $18 billion in liabilities.
iLogistix
Fremont, CA
The 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.
Software Logistics
Fremont, CA
The 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.
Star Telecommunications
Santa Barbara, CA
The firm was co-counsel to Star Telecommunications, a leading facilities-based international telecommunications company that owned and operated an extensive global communications network of transoceanic cables, domestic and international fiber optic capacity, and switching facilities.
Finova Group
Scottsdale, AZ
The 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.
Bugle Boy
Simi Valley, CA
The firm represented the creditors’ committee in the Bugle Boy Industries bankruptcy case, a clothing manufacturer that operated several hundred retail stores nationally. Although a distribution to general unsecured creditors seemed unlikely when the cases were filed, the firm was instrumental in negotiating a liquidating plan that provided a distribution to unsecured creditors.
Custom Food Products
Carson, CA
The 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.
Northpoint Communications
San Francisco, CA
The 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, CA
The 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, CA
The firm represented an independent physician association in its liquidating chapter 11 case in Los Angeles, California.
Tri Valley Growers
San Ramon, CA
At 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, CA
The 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, CA
The firm was counsel to the liquidation trustee in bankruptcy court, resolving millions in claims arising out of reinsurance disputes and surety bond disputes. Previously it acted as counsel for the chapter 11 bankruptcy debtor and noninsurance company subsidiaries (e.g., service providers), which owned and operated the tenth largest workers compensation carrier in the United States. The firm was able to resolve the seizure of the insurance company subsidiaries by the California Department of Insurance and reorganize the debtors and sell the core business, thus preserving the potential for a meaningful distribution to creditors.
First Alliance Mortgage Company
Irvine, CA
The 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.
AgriBio Tech
Henderson, NV
Representation of AgriBioTech and its subsidiaries in their chapter 11 case in the District of Nevada. The result of an industry roll-up of thirty-four separate companies, AgriBio Tech was the sixth largest producer of turf grass seed and forage seed in the world and had combined revenues of approximately $400 million in the year prior to its bankruptcy. PSZJ negotiated far-reaching settlements with major constituencies and a series of going-concern sales before confirming a plan of reorganization. During the case, the firm 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.
Lamont's Apparel
Kirkland, WA
A member of the firm sucessfully reorganized this regional retailer of family apparel.
Rodeo Canon Development Corporation
Beverly Hills, CA
The firm represented Robert Goodrich, the chapter 7 trustee in this case, which involved numerous appeals to the Bankruptcy Appellate Panel for the Ninth Circuit and to the Ninth Circuit Court of Appeals, and took over a decade to resolve. The trustee is paying all creditors in full with interest. The primary asset of the estate, Beverly Hills real property, was sold during the previous chapter 7 trustee's tenure. Subsequent to the sale, the United States Trustee (“UST”) became aware of a wide range of misconduct the former trustee had undertaken in his capacity as bankruptcy trustee. Rather than defend against the UST’s motion, that trustee withdrew; he was as subsequently convicted of bankruptcy fraud and sentenced to prison. Goodrich was then appointed trustee.
Sun Healthcare Group
Irvine, CA
In Sun Healthcare, the firm represented creditors facing significant claims in the chapter 11 case.
Fedco
Los Angeles, CA
Counsel 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.
Pacific Eyenet
Los Angeles, CA
, CALynx Golf
Carlsbad, CA
Lynx 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 that generated a return to general unsecured creditors of approximately 55%.
FPA Medical Management
San Diego, CA
In FPA, the firm represented creditors facing significant claims in the chapter 11 case.
Daley Corporation
San Diego, CA
The 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, CA
The 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, CA
The firm represented the creditors' committee in this liquidation of an IPA in Santa Monica.
Rampage Clothing Company
Los Angeles, CA
The firm represented the creditors’ committee in the chapter 11 cases of Rampage Clothing, a clothing retailer that specialized in young women’s clothing. The firm worked with the company’s advisors to arrange for a going-concern sale of its assets.
Barry’s Jewelers
Monrovia, CA
We represented the official bondholders’ committee, which represented more than $53 million of secured debt, in the successful reorganization of Barry’s Jewelers, a 130-store retail chain. A plan was confirmed in just over a year; the bondholders acquired a 55% stake in the reorganized company. In addition, a member of the firm represented this debtor before joining the firm.
First Lenders’ Indemnity
Irvine, CA
The 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.
Magic Ford
Valencia, CA
The 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, CA
The firm represented two California governmental units in this chapter 9 bankruptcy case.
Sizzler International
Los Angeles, CA
Sizzler, 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.
B.U.M. International
Rancho Dominguez, CA
The firm represented the committee in the chapter 11 cases of B.U.M. International, a clothing retailer that specialized in casual sportswear brand for men, women, and children. As committee counsel, the firm conceived and confirmed a plan of reorganization for the owner of the B.U.M. Equipment® mark. The committee plan placed company’s assets and operations under the control of a corporation owned 100% by B.U.M.’s unsecured creditors.
Hamburger Hamlet Restaurants
West Hollywood, CA
The 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, CA
We 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
San Fernando, CA
Heffernan Memorial Hospital District
Calexico, CA
The firm represented bondholders and formulated a consensual plan of adjustment in this chapter 9 municipal bankruptcy case.
Orange County
Santa Ana, CA
The 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, CA
The 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.
Sargent-Fletcher
El Monte, CA
This 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.
Triad Healthcare
Encino, CA
The firm represented the chapter 11 trustee of a nonprofit healthcare company that owned and operated hospitals. The firm led successful efforts to negotiate and confirm a reorganization plan for the debtor.
Commonwealth Equity Trust
Sacramento, CA
The 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.
International Onion
Carson, CA
The firm was counsel to the creditors’ committee of the Red Onion, a popular Southern California restaurant chain.
HomeFed Corporation
San Diego, CA
We 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.
C&R Clothiers
Los Angeles, CA
The firm was counsel to the creditors’ committee of this 54-store men’s apparel chain with locations throughout California.
Penguin's Frozen Yogurt/Penguin's Place
Los Angeles, CA
America West Airlines
Tempe, AZ
The 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, CA
A 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, CA
As 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.
Imperial Hotels
Los Angeles, CA
We confirmed a plan of reorganization for this owner/operator of more than thirty hotels in fifteen states, against which filed claims exceeded $50 million.
Buffums
Los Angeles, CA
This 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, CA
The 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.
Qintex Entertainment
Los Angeles, CA
The 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.
Ascent Media
Los Angeles, CA
Commonwealth and Underwriters at Lloyd's
Los Angeles, CA
Executive Life Insurance Company
Los Angeles, CA
The firm was counsel to holders of more than $750 million in group pension annuity contracts issued by Executive Life Insurance Company of California in one of the nation's largest life insurance rehabilitations, and litigated its clients’ entitlement to maximum creditor recovery successfully.
Fremont General Insurance Group
Los Angeles, CA
Mission Insurance Group
Los Angeles, CA
Our 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, CA
The firm represented the creditors' committeee of accounting firm Pannell Kerr Forster in its chapter 11 case in Los Angeles. The firm pioneered the use of a class-action lawsuit to obtain a release for settling partners against claims of their former, nonsettling partners, relief that was not otherwise permitted in Ninth Circuit bankruptcy cases. This novel approach facilitated settlements with partners that enabled confirmation of a plan.
Reinsurance Association of America
Los Angeles, CA
The firm successfully represented the association constituting national reinsurers in blocking the final plan of liquidation for the Mission Estates.
Sizzler International - Australia
Los Angeles, CA
Ticor Title
Los Angeles, CA
The 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
Los Angeles, CA
Worlds of Wonder
Fremont, CA
This 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.
10th Circuit
Cyxtera Communications
Coral Gables, FL
The firm represents the official committee of unsecured creditors in the chapter 11 bankruptcy of data center-operator Cyxtera Technologies. The debtor filed for bankruptcy protection in June 2023, two years after the company went public, as it struggled to pay down debt and faced a severe funding crunch. The firm has worked to develop a sales strategy to maximize value to the unsecured creditors and a plan that will lead to a much stronger Cyxtera.
Medly Health Inc.
Boulder, CO
The firm represented specialty pharmacy Medly Health, which filed for chapter 11 bankruptcy protection in December 2022, seeking to sell its 22-store Pharmaca business line as a going concern. The debtor filed for bankruptcy after failing to get an expected $100,000,000 loan in August. In February 2023, the judge approved a sale of the business to Walgreens for $19.35 million.
Agspring Mississippi Region
Leawood, KS
The firm was counsel to Agspring Mississippi Region and its debtor affiliates, each of whom filed for bankruptcy protection in the United States Bankruptcy Court for the District of Delaware in September 2021. Prior to the commencement of the bankruptcy cases, the debtors had been embroiled in litigation with a former Agspring executive and certain related entities. The litigation parties filed proofs of claim against the debtors in excess of $29 million. During the bankruptcy cases, the debtors liquidated all of their property and reached a global agreement with the litigation parties that resolved the claims and all pending litigation between the parties. Following the bankruptcy court’s approval of the settlement, the bankruptcy cases were dismissed.
It'Sugar LLC
Aventura, FL
The firm represented the creditors' committee in the chapter 11 bankruptcy of It’Sugar, the nation’s largest candy store retailer, which filed for bankruptcy protection in September 2020 citing the effects of the pandemic on sales and consumer behavior as well as “the recessionary economic environment." In June 2021, the U.S. Bankruptcy Court for the Southern District of Florida announced its intention to confirm the debtor’s reorganization plan. The firm’s efforts were instrumental in keeping this iconic candy retailer operating for trade vendors with a maximum footprint for its landlord constituency.
Whiting Petroleum Corporation
Denver, CO
The firm was counsel to the creditors' committee in the chapter 11 bankruptcy of Whiting Petroleum Corporation, a Denver-based independent exploration and production company with an oil-focused asset base. The debtor filed for bankruptcy protection citing plummeting oil and gas prices due to the COVID-19 pandemic. The debtor successfully emerged from bankruptcy in September 2020, with the trade creditors to be paid in full.
iPic-Gold Class Entertainment
Boca Raton, FL
The firm was counsel to the debtor iPic-Gold Class Entertainment and its debtor affiliates. As of the petition date, the debtors operated 123 movie screens at 16 theaters in 9 states. The luxury theater chain carried more than $200 million in debt that strained cashflow as when it incurred $57 million in losses in 2018. In October 2019, the bankruptcy court approved a going-concern sale of substantially all of the debtors’ assets pursuant to a credit bid submitted by the debtors’ senior secured lenders, the Employees’ Retirement System of Alabama and Teachers’ Retirement System of Alabama (“RSA”). Under the sale terms, RSA agreed to fund certain matters relating to the winddown of the debtors and the payment of certain claims, including the funding of payments of: up to $526,000 to satisfy 503(b)(9) claims, up to $150,000 to pay priority claims (other than personal-property taxes), and up to $450,000 to pay allowed personal-property tax claims. Following the winddown of the debtors’ estates, the bankruptcy court approved the structured dismissal of each of the debtors and entered orders dismissing the cases in September 2020.
Payless Holdings (2019)
Topeka, KS
The firm represented the committee of unsecured creditors in the second chapter 11 bankruptcy filing of Payless Holdings LLC . The debtor’s second filing came less than two years after it emerged from its previous bankruptcy, in which the firm also represented the creditors’ committee. The debtor was forced to file again after its prior reorganization left the company with a significant remaining debt, a large store footprint, and a yet-to-be-realized systems and corporate overhead structure consolidation. Payless closed all of its stores in the U.S. and Canada.
Roman Catholic Church of the Archdiocese of Santa Fe
Santa Fe, NM
The firm was counsel to the creditors' committee for the Archdiocese of Santa Fe, one of the oldest dioceses in the United States. As of the claims deadline, over 380 men and women had asserted sexual abuse claims against the Archdiocese. The chapter 11 case involved the Archdiocese, its parishes, and at least two religious orders, one of which had primary responsibility for treating and counseling abusing priests in the United States.
Promise Healthcare Group
Boca Raton, FL
Healthcare Group, a hospital and nursing-home chain that operates facilities across nine states. During the bankruptcy, Promise intends to sell two of its hospitals, in Los Angeles and St. Louis, as well as real estate in San Diego, while it negotiates sale or restructuring of its remaining assets.
Patriot National
Fort Lauderdale, FL
The firm was co-counsel to Patriot National and its related affiliates in their chapter 11 bankruptcy cases filed in the U.S. Bankruptcy Court for the District of Delaware. The company provides agency, underwriting, and policyholder outsourcing and technology services to their insurance carrier clients, primarily in the workers’ compensation sector. After Florida regulators obtained control of Guaranteed Insurance Co., Patriot’s largest workers’ compensation customer, the company filed a forbearance agreement with the SEC that announced it would lay off one third of its employees. Through the case, the firm helped provide a new, healthy capital structure for the company that allows all affected parties—employees, brokers, carriers, and vendors—to continue receiving uninterrupted service and payment. After the company’s restructuring plan was approved in May 2018, it emerged from chapter 11 in July 2018; ownership of the company has transitioned from public shareholders to Cerberus Business Finance and its affiliates and TCW Asset Management Company.
Bonanza Creek Energy
Denver, CO
The firm was co-counsel to an ad hoc group of senior noteholders in the chapter 11 cases of Bonanza Creek Energy and its affiliates in Delaware bankruptcy court. Over the course of several months, the debtors and the members of the ad hoc group engaged in extensive arm's length negotiations regarding the terms of a restructuring. The ad hoc group supported the confirmation of a prepackaged plan of reorganization in that provided the debtors with $200 million of fresh capital, a new revolving credit facility, elimination of over $1 billion in funded and other debt obligations, and provided the ad hoc group members a share of 85.5% of Bonanza's new common equity.
Seventy Seven Energy
Oklahoma City, OK
The firm was co-counsel to the term loan lenders group in the chapter 11 prepackaged bankruptcy of Seventy Seven Energy, an oil-field services provider. Seventy Seven Energy filed for bankruptcy protection in June 2016 with debt of more than $1 billion. The company’s reorganization plan was confirmed by the U.S. Bankruptcy Court for the District of Delaware in less than two months after the bankruptcy filing. The reorganization plan effectuated a balance sheet restructuring that resulted in a conversion of approximately $1.1 billion of prepetition debt into equity.
Emerald Oil
Denver, CO
The firm was co-counsel to Emerald Oil, a Denver-based oil exploration and production company, in its chapter 11 case. Emerald sought to sell its assets in bankruptcy and, in March 2017, the bankruptcy court confirmed Emerald’s plan of liquidation.
Sports Authority
Englewood, CO
The firm was counsel to the creditor's committee of Sports Authority Holdings, Inc. and its affiliates in the District of Delaware. Sports Authority operated 464 stores in 40 states and Puerto Rico, and five distribution centers located in New Jersey, California, Colorado, Georgia, and Illinois. The debtors had over $1.1 billion of institutional debt.
Western Convenience Stores
Centennial, CO
The firm represented the creditors' committee in the Western Convenience Stores, Inc. bankruptcy in the District of Colorado. Western Convenience operates under its own independent gas and c-store brand through forty-three mostly fee-owned sites spread throughout Colorado and Nebraska. Western’s reorganization plan was approved with a loan facility secured by the real estate and businesses of Western and its related companies. The transaction closed on Aug. 31, 2016, and creditors were paid in full.
Northshore Mainland Services - Baha Mar
Orlando, FL
The firm was debtor’s co-counsel to Northshore Mainland Services, a U.S. subsidiary of the $3.5 billion Baha Mar resort and casino project in the Bahamas, along with several other affiliate companies. Based in Delaware, the company filed its chapter 11 bankruptcy case in June 2015 after substantial and repeated delays in the construction of the resort. Baha Mar’s creditors and the Bahamian government requested that the chapter 11 case of Northshore Mainland Services be dismissed and advocated for a solution under Bahamian law. In September 2015, the Delaware bankruptcy court judge dismissed the majority of the chapter 11 cases for Baha Mar, while ruling in favor of Northshore Mainland Services by declining to dismiss its case. While Baha Mar’s creditors argued that the chapter 11 filings were a bad-faith litigation tactic to avoid insolvency proceedings in the Bahamas, the court found that Baha Mar's decision to seek chapter 11 protection in order to reorganize its financial affairs and complete the project, rather than liquidating, was in the interest of all stakeholders.
Molycorp
Greenwood Village, CO
The firm represented noteholders in the chapter 11 case of this Colorado-based producer of rare earths used in electric cars and wind turbines. Molycorp’s $1.7 billion in debt includes $206 million in convertible notes. Unregulated mining, separation and export of rare earths in China drove down rare earth prices and margins throughout 2014. In March 2016, the bondholders were winning bidders, and the company emerged from bankruptcy after coming to terms with the bondholders.
American Eagle Energy Corporation
Littleton, CO
The firm was counsel to the creditors’ committee in the American Eagle chapter 11 case. American Eagle was formerly engaged in the acquisition, exploration, and development of oil and gas properties and filed for bankruptcy to liquidate its assets. The committee obtained a ruling in the case that preserved critical assets and rights for the benefit of unsecured creditors.
Allen Systems Group
Naples, FL
The firm served as counsel to Allen Systems Group, a Florida enterprise-software company, in its prenegotiated restructuring. Allen Systems filed its chapter 11 case confirmed its prepackaged plan of reorganization 37 days after the filing. Under the plan, administrative, priority secured tax and unsecured claims were paid in full. Secured creditors either had their claims reinstated or received the collateral securing their claims. The company’s long-term debt load was reduced by 60% while it was under court protection.
Naartjie Custom Kids
Salt Lake City, UT
The firm represented the creditors’ committee in the chapter 11 case of Naartjie Kids. Naartjie designs, manufactures, and sells children’s clothing, accessories, and footwear for ages newborn through ten years old. At the time of filing, Naartjie had 55 stores around the country, and over $18.2 million in liabilities.
Sorenson Communications
Salt Lake City, UT
The firm was debtor's cocounsel to Sorenson Communications, Inc., provider of video relay communication services. Sorenson listed $645 million in assets against its roughly $1.4 billion in liabilities as of Jan. 31. The company emerged from chapter 11 bankruptcy in late April 2014.
Fox & Hound and Champps (2013)
Wichita, KS
The firm represented the creditors' committee in the chapter 11 cases of F&H Acquisition Corp. F&H, known publicly as Fox & Hound and Champps, operates approximately 101 casual family-dining restaurants and sports bars located in 27 states. In connection with the sale of substantially all of the debtors’ assets, 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.
Roman Catholic Church of the Diocese of Gallup (Diocese of Gallup)
Gallup, NM
The firm represented the official committee of unsecured creditors in the Diocese of Gallup’s bankruptcy cases. The diocese spans northwestern New Mexico and northern Arizona, including Native American reservations; in terms of square miles, the diocese covers an area the size of Wisconsin. The diocese has 53 parishes in New Mexico, 31 parishes in Arizona, 1 retreat center, and 12 schools.
iBAHN Corporation
Salt Lake City, UT
The firm represented iBahn Corporation and two domestic affiliates in their chapter 11 bankruptcy cases in Delaware. The company provides high-speed Internet access, digital television, video on demand and other services to guest rooms, convention facilities and other common areas at hotels worldwide. The firm played a pivotal role in effectuating the sale of the company’s assets.
Digital Domain Media
Port St. Lucie, FL
The firm was 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, CO
The 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."
ManagedStorage International
Broomfield, CO
The 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, CO
The 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
Ogden, UT
The firm represented the creditors' committee in the chapter 11 cases of Flying J and certain of its subsidiaries. The debtors and their nondebtor subsidiaries were a fully integrated oil company with operations in exploration, production, refining, transportation, wholesaling, and retailing of petroleum products.
Brooke Corporation
Overland Park, KS
The firm represented 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.
Woodside Homes
North Salt Lake, UT
The 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. At the time of the filing, the Woodside Group had built over 25,000 homes and had approximately fifty projects pending in eleven states.
Aspen Executive Air
Basalt, CO
The 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, FL
The firm represented 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 in the Northern District of Florida. Working cooperatively with the chapter 11 trustee and his professionals, the firm enhanced 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.
Maxide Acquisition
Englewood, CO
The 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.
Ultimate Electronics
Thornton, CO
The firm represented the creditors' committee (and, postconfirmation, the liquidating successor) in the chapter 11 case of this leading specialty retailer of high-end home entertainment and consumer electronics, operating more than 75 stores. In less than a year from the petition date, the debtors and the committee jointly proposed and confirmed a plan of liquidation, which continues to return distributions to unsecured creditors.
Windsor Woodmont Black Hawk Resort
Thornton, CO
Western Integrated Networks
Denver, CO
The 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.
Cooker Restaurants
West Palm Beach, FL
Cooker 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
Englewood, CO
The firm represented this sixth-largest motion picture exhibitor in North America, with more than 200 theaters in 23 states. In less than a year from the petition date, the debtors successfully confirmed a plan of reorganization that provided for recovery in full by the unsecured creditors of certain debtors and a limited recovery for other unsecured creditors.
La Vida Llena
Englewood, CO
, NMTIE Communications
Overland Park, KS
One 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.
Southeast Banking
Miami, FL
A member of the firm represented the indenture trustees for over $300 million of subordinated debt in the Southeast Banking bankruptcy case in appellate proceedings before the federal Fifth Circuit Court of Appeals. The appeal involved a dispute between holders of senior and subordinated debt over the extent to which the senior debt could recover postbankruptcy petition interest out of distributions that would otherwise be made on the subordinated debt. The subordinated indenture trustees ultimately prevailed.
11th Circuit
Mountain Express Oil Company
Alpharetta, GA
The firm represents Mountain Express Oil Company and its 143 subsidiaries in their jointly administered bankruptcy cases in the United States Bankruptcy Court for the Southern District of Texas. Mountain Express is one of the largest motor-fuel distributors in the American South, serving 828 gas stations and 27 travel centers across 27 states. Mountain Express sought relief under chapter 11 of the Bankruptcy Code in March 2023 to protect all stakeholders in the face of aggressive, value-destructive actions threatened by the debtor's largest landlord due to alleged nonmonetary lease defaults. In April 2023, Mountain Express obtained final authority to borrow under a $37.85 million debtor-in-possession financing facility to facilitate a value-maximizing sale process.
GigaMonster Networks
Marietta, GA
The firm represents network-technology provider GigaMonster Networks. The Georgia-based company and its affiliates filed for bankruptcy protection in January 2023 with the goal of completing a value-maximizing sale of its assets. An auction later resulted in a winning bid of $26,600,000 in cash from SkyWire Holdings Inc. The matter is ongoing, with the debtor expecting to confirm a plan.
Mariner Health Central
Atlanta, GA
The firm is co-counsel to Mariner Health Central and its affiliated debtors. Together, the debtors operate a 121-bed skilled nursing facility in California. The debtors are part of a larger group of health care providers, consultants,and holding companies relating to the operation of twenty skilled nursing facilities. In September 2022, the debtors filed for bankruptcy protection in the United States Bankruptcy Court for the District of Delaware. Shortly after its formation, the creditors' committee moved for a transfer of venue. In October 2022, the Delaware Bankruptcy Court transferred venue of the debtors’ bankruptcy cases to the Northern District of California.
Ruby Tuesday
Atlanta, GA
The firm represented RTI Holding Company and 50 of its affiliates in their chapter 11 bankruptcy cases in Delaware bankruptcy court. The companies develop, operate, and franchise casual dining restaurants in the United States and five foreign countries under the Ruby Tuesday® brand. At the time they commenced their bankruptcy cases, there were over 250 Ruby Tuesday restaurants worldwide. The bankruptcy filings arose primarily from the impact of the COVID-19 pandemic and the resulting governmental actions closing or limiting the business activities of the restaurant industry. Ruby Tuesday’s successful plan of reorganization was predicated on a restructuring support agreement reached with its secured lenders through which the company implemented an operational restructuring of leases and a financial restructuring through which substantially all of its operating assets were transferred to its lenders, backstopped by a marketing and sale process. The court confirmed Ruby Tuesday’s plan after only four months under bankruptcy protection.
CFRA Holdings
Clearwater, FL
The firm represented IHOP Restaurants and affiliated entities in the bankruptcy cases of CFRA Holdings filed in the United States Bankruptcy Court for the Middle District of Florida, Tampa Division. Prior to the petition date, the debtors were parties to franchise agreements with IHOP whereby the debtors operated approximately fifty IHOP restaurants in four states. The firm negotiated a settlement among the key parties that protected IHOP’s leaseholds and interests in controlling the franchisee process. As a result, an auction and sale went forward with IHOP as an integral participant that resulted in satisfaction of all of IHOP’s claims, maximized value for all parties, and permitted continued operation of many of the restaurants under new franchise agreements.
FoodFirst Global Restaurants
Orlando, FL
The firm was counsel to the creditors' committee in the chapter 11 bankruptcy of FoodFirst Global Restaurants, the parent company of Brio Tuscan Grille and Bravo Cucina Italiana. The Orlando-based casual dining company filed for bankruptcy protection due to elevated food and labor costs, unprofitable locations, and the added financial stress of the COVID-19 pandemic. In June 2020, it was announced that Earl Enterprises, operator of Planet Hollywood and Buca di Beppo, agreed to purchase 45 of the debtor’s locations in a $29,000,000 deal.
Hollander Sleep Products
Boca Raton, FL
The firm represented the committee of unsecured creditors in the chapter 11 bankruptcy of Hollander Sleep Products LLC. The Florida-based supplier of pillows, mattress pads, and other bedding products filed for bankruptcy protection with debts of $233,000,000, citing substantial prices increases for materials. The firm was instrumental in keeping Hollander as a going concern, and negotiated a resolution to a difficult situation that not only provided a recovery to the “out of the money” unsecured creditors, but also included waivers of any preference claims.
RMH Franchise Holdings Inc.
Atlanta, GA
The firm serves as bankruptcy counsel for Dine Brands, the parent company of franchisors Applebee’s and IHOP, in franchisee bankruptcy cases throughout the country. The firm represented Dine in the bankruptcy of RMH Franchise Holdings, Applebee’s second-largest franchisee, filed in Delaware. After significant litigation, including contested motions, objections to the disclosure statement and to the plan, Dine received full payment of its claims.
CarrierWeb
Smyrna, GA
The firm was counsel to the committee of unsecured creditors in the chapter 11 bankruptcy filing of Atlanta truck-tracking company CarrierWeb LLC. Its products include in-cab mobile communications terminals and electronic on-board recording devices.
American Hospice Management Holdings
Jacksonville, FL
The firm served as debtors’ co-counsel to American Hospice Management Holdings and its affiliates, which operate a multi-regional hospice management business headquartered in Jacksonville, Florida. The company filed its chapter 11 bankruptcy case in the U.S. Bankruptcy Court for the District of Delaware in March 2016 to facilitate the sales of the companies' operating units in seven states. The firm assisted in obtaining approval of an auction process that resulted in three separate sales of the company’s hospice operations in Texas, Virginia, Arizona, New Jersey, Oklahoma, and Georgia.
Signal International
Mobile, AL
The firm was counsel to the creditors' committee in Signal International’s chapter 11 bankruptcy. Signal does offshore drilling rig overhaul, repair, upgrade, and conversion, as well as new shipbuilding. The company faced contentious litigation, including numerous lawsuits that resulted in a $200 million claim against the company. The committee negotiated substantial changes to the sale process, DIP financing, and a plan support agreement to significantly enhance recoveries to general unsecured creditors.
Pike Nursery Holdings
Norcross, GA
The firm served as committee counsel in connection with the chapter 11 bankruptcy case of Pike Nursery Holdings, a regional plant and garden supply retailer in the Southeastern United States.
Exide Technologies 2013
Milton, GA
The firm was special conflicts counsel to Exide Techologies, a major manufacturer of car and truck batteries that filed for bankruptcy protection in order to repair its finances amid rising costs for materials and the shutdown of an important operation. As of the filing, had $1.9 billion in assets and $1.1 billion in liabilities.
Global Aviation Holdings
Peachtree City, GA
The firm served as conflicts counsel to Global Aviation Holdings and certain of its direct and indirect subsidiaries in their chapter 11 cases in the Eastern District of New York. Global Aviation was a leading provider of customized military, cargo, passenger, and commercial charter global air transportation services. The firm handled matters on behalf of Global Aviation with respect to key aircraft equipment lease counterparties Boeing Company, Delta Airlines, and PEMCO World Air Services.
Scovill Fasteners
Clarksville, GA
In 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.
Custom Cable
Tampa, FL
The 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 pursued by a liquidating trustee.
Neff Corporation
Miami, FL
The 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, FL
The 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, GA
The 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.
WCI Communities
Bonita Springs, FL
The firm represented 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, AL
The firm represented the creditors' committee in this chapter 11 case in Richmond, Virginia, involving approximately 4,200 retail locations.
Airnet Communications
Melbourne, FL
The firm represented the creditors' committee in this case 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.
Price Oil
Birmingham, AL
Price Oil and its affiliates supply gasoline fuel to approximately 100 convenience store owners and operators throughout Alabama and the Florida panhandle. The firm, as counsel to the creditors' committee, was successful in negotiating a global settlement by and among the lender, the debtors, major fuel supply companies, and other parties in interest. Unsecured creditors should receive a substantial recovery and other consideration,funded by the proceeds of the sale of the debtors' fuel contracts and other distribution assets.
Piknik Products
Montgomery, AL
We 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, GA
We represented this national home and home-products retailer, which had 200 stores at the commencement of its chapter 11 case.
Gencor
Orlando, FL
The 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, GA
The 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 had been expected. In addition, two firm attorneys represented the debtor in this case before joining the firm.
Breed Technologies
Lakeland, FL
Breed 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, GA
In NewCare, the firm represented creditors facing significant claims in the chapter 11 case.
Alaska
Catholic Diocese of Fairbanks
Fairbanks, AK
The firm represented 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. On behalf of the committee, the firm sued the Diocese, the Diocese parishes, and affiliated Catholic entities to establish the scope of property of the estate and to recover avoidable transfers.
Hawaii
CHA Hawaii
Witchita, KS
The firm was cocounsel to the debtors, which owned two hospitals in Hawaii.
Katsumi Iida
Honolulu, HI
The 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.