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The Firm’s restructuring & insolvency practice includes representation of debtors, trustees, indenture trustees, federal governmental agencies, institutional and trade creditors, secured creditors, liquidators and buyers and sellers of distressed businesses in both in court and out-of-court matters. Consistent with the international nature of much of the Firm’s practice, the department has been involved in bankruptcy and restructuring matters involving assets in various jurisdictions (foreign and domestic) and involving complex issues of conflicts of law and jurisdiction.
The following are selected examples of the Firm’s practice in this area:
- Conflicts Counsel for Chapter 11 Debtor-In-Possession in Calpine Corporation, Musicland Holdings Corporation and Northwest Airlines Chapter 11 cases.
- Majority equity owners of Chapter 11 debtor in connection with mass tort Chapter 11 reorganization and funding of debtor-in-possession financing for reorganization and exit from Chapter 11.
- Wilmington Trust Company as Indenture Trustee in the Winn-Dixie Chapter 11 cases with respect to US$300 million issuance.
- The Co-chair of the official committee of unsecured creditors in both the Delphi Corporation and Kaiser Aluminum Chapter 11 cases.
- The Air Transportation Stabilization Board (ATSB) in all facets of its loan guarantee program including, among other matters, the US$1 billion exit financing to US Airways in connection with its first emergence from Chapter 11 and the consideration of the US$1.6 billion loan guarantee for United Airlines; engagements include outside counsel for the ATSB in the US Airways, ATA Airlines and Aloha Airlines Chapter 11 cases.
- Representation of Mexican telecommunication service provider Avantel, S.A. in matters related to the Chapter 11 reorganization of WorldCom.
- Representation of The Ozer Group LLC, as liquidator, in several Chapter 11 retail liquidations and related matters.
- Representation of Glencore Ltd. as Co-Chairman of the Kaiser Aluminum Chapter 11 Official Committee of Unsecured Creditors.
- Representation of the Official Committee of Unsecured Creditors in the BCP Management Inc. Chapter 11 case pending in the District of Delaware.
- Representation of the Emergency Steel Loan Guarantee Board (ESLGB) in connection with its guarantee of a US$110 million secured term loan to Geneva Steel emerging from bankruptcy, as part of the U.S. Department of Commerce’s 1999 Emergency Oil and Gas and Steel Loan Guarantee Programs and continuing representation of ESLGB efforts to collect on defaulted loan guarantees.
- Representation of Hudson River Club, a Chapter 11 debtor in its reorganization in the Southern District of New York.
- Representation of numerous creditors, counterparties and purchasers of assets in the Enron Corp., et al. Chapter 11 bankruptcy cases.
- Representation of Lodgian, Inc., a Chapter 11 debtor which is one of the largest owners and operators of full and limited hotel service properties in the United States, with in excess of US$1 billion of debt.
- Representation of a European bank in negotiating the purchase of significant intellectual property from a U.S. debtor.
- Representation of a major Mexican telecommunications company in connection with several Chapter 11 bankruptcy cases in the U.S.
- Representation of a major alloys supplier in numerous steel company bankruptcies in the U.S.
- Representation of John F. Schmutz, the Chapter 11 trustee of Venture Mortgage Fund, L.P., in one of the largest fraud-based bankruptcy cases in the Southern District of New York
- Restructuring of a privately owned U.S. toll road.
- Representation of landlords and tenants in numerous significant Chapter 11 bankruptcy proceedings.
- Representation of The Trust Company of Bank of Montreal, as indenture trustee, in the Loewen Group Chapter 11 cases.
- Representation of the largest unsecured creditor and co-chairman of the Official Committee of Unsecured Creditors in the Crowley Milner and Steinbach Stores Chapter 11 cases.
- Representation of the majority equity owners in a successful private infrastructure restructuring project.
- Representation of a major Japanese bank in pursuing a successful involuntary Chapter 11 case and in obtaining full payment of principal owed.
- Representation of Glencore Ltd., a major secured creditor in the Victoria Alloys Chapter 11 case.
- Restructuring of more than US$400 million in debt of a major Mexican bank.
- Representation of numerous customer claimants and general creditor claimants in the liquidation of Alder, Coleman Clearing Corp. Securities Investor Protection Corporation.
- Representation of claims traders in significant Chapter 11 bankruptcy cases.
- Representation of creditors serving on significant Chapter 11 creditors’ committees in pending bankruptcy cases.
- Issuance of substantive consolidation and true-sale bankruptcy opinions in connection with structured finance transactions.
- Representation of an Argentine cement company in defense of an action brought by a Chapter 11 debtor seeking damages for alleged bid-rigging.
- Representation of a foreign venture investor in the takeover of an upscale retail company in a Chapter 11 proceeding.
- Representation of a large Spanish bank as a secured creditor in the Chapter 11 bankruptcy proceedings of Riverbend International, Inc., in connection with the sale of the plant and facilities of Riverbend International’s Spanish subsidiary.
- Representation of the creditors’ committee and United States Trust Company as indenture trustee in the Chapter 11 bankruptcy proceedings of Commonwealth Oil Refining Company, Inc.
- Representation of a petitioning creditor in a major winding-up proceeding in the Bahamas in conjunction with British and Bahamian counsel.
- Representation of an indenture trustee in the Braniff bankruptcy proceeding.
- Representation of an indenture trustee in the Coleco Industries bankruptcy proceeding.
- Representation of former employees in the Drexel Burnham Lambert bankruptcy proceeding.
- Representation of an indenture trustee in the G. Heileman Brewery bankruptcy proceeding.
- Representation of a major unsecured and reclamation creditor in the Elder-Beerman bankruptcy proceeding.
- Representation of a major retailer in the Hooker Corporation bankruptcy proceeding.
- Representation of a governmental agency in the Lomas Financial bankruptcy proceeding.
- Representation of several creditors in the Ames Department Stores bankruptcy proceeding.
- Representation of several creditors in the Phar-Mor bankruptcy proceeding.
- Representation of an indenture trustee in the Revere Copper and Brass bankruptcy proceeding.
- Representation of a major foreign bank in the Salant Corporation bankruptcy proceeding.
- Representation of a Big 5 accounting firm in a Chapter 11 proceeding and civil litigation in connection therewith.
- Representation of a major foreign oil company in connection with the potential purchase of assets of a U.S. refinery in a Chapter 11 proceeding.
- Representation of the general partner in the bankruptcy proceeding of a limited partnership located in the U.S. Virgin Islands.
- Representation of a Canadian securities firm in connection with the purchase of claims in a Chapter 11 proceeding.
- Representation of an investment firm in the trading of bank debt in the Hillsborough Holdings Corp. Chapter 11 proceeding.
- Representation of an Argentine bank in connection with the pursuit of claims in a New York State Banking Department liquidation.
- Restructuring of a large U.S. manufacturing corporation and its subsequent initial public offering.
- Restructuring of a mining company in New Mexico.
- Representation of major international financial institutions in the purchase and sale of distress debt.
- Representation of secured creditors, unsecured creditors, investors and potential acquirers in major bankruptcy proceedings throughout the United States.
- Issuance of bankruptcy opinions on preferential transfer, fraudulent conveyance and other avoidance issues.
- Representation of creditors, lenders and investors in examining and pursuing acquisition opportunities in steel, telecom and retail bankruptcy cases.
- Representation of a Chapter 7 trustee of a Costa Rican jewelry manufacturer, addressing novel legal issues, including the jurisdiction of the United States Bankruptcy Court over property located in a foreign jurisdiction.
- Representation of a Chapter 7 trustee of a textile manufacturer with a principal plant located in Puerto Rico, including structuring of the sale of the debtor’s plant.
- Representation of plaintiffs or defendants in fraudulent conveyance, preferential transfer and other avoidance actions in Chapter 11 and Chapter 7 proceedings.
Partners & Counsel
The following partners and counsel practice in this area:
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