Financial Restructuring & Bankruptcy

Bankruptcy Trustee

Representative Matters

Fox attorneys have successfully represented trustees acting as fiduciaries in bankruptcy cases for a variety of industries, including biotechnology, manufacturing, telecommunications, technology, health care, real estate development, apparel and retail.

Most notably, Fox attorneys have represented trustees in the following matters:

  • Counsel to the Chapter 7 trustee of Hospital Partners of America, Inc., et. al., a Charlotte, NC-based holding company that developed and operated hospitals in partnership with physicians, which involved the successful sales of ownership interests in two hospitals, resulting in purchase prices in excess of $155 million and $13 million, respectively.
  • Counsel to the Chapter 7 Trustee of Winstar Communications, Inc., et al., a billion-dollar telecommunications company that provided broadband services to business customers, which involved the distribution of more than $320 million in assets.
  • Counsel to the Chapter 7 Trustee of Dollarland, Inc., et al., a chain of 46 dollar retail stores in Pennsylvania, New Jersey and Maryland, which resulted in the collection of more than $4 million in assets.
  • Counsel to the Chapter 7 Trustee of the third largest bank failure in the 2008 financial crisis, which resulted in a summary judgment award of more than $400 million in tax refunds to the Chapter 7 trustee.
  • Counsel to the Chapter 7 trustee of Hess Industries, Inc., et al., a Niles, MI, a company that engineered, fabricated and installed custom metalforming equipment and integrated manufacturing systems primarily for applications in the automotive industry, which resulted in the sale of substantially all of the assets to a China-based company for $19.25 million.
  • Counsel to the Chapter 7 trustee of Bionol Clearfield, LLC, et al., a Clearfield, PA company that constructed and operated a $300 million corn-based ethanol production facility – the only bioethanol production facility in Pennsylvania, which involved court authority to operate the facility and the production business during the course of a going concern sale process, which lasted approximately 10 months and resulted in a $10 million sale after a multiparty bid and auction process.
  • Counsel to the Chapter 7 Trustee of the estate of Frank E. Lembi, who was the largest owner of residential rental property in San Francisco, which resulted in the recovery of millions of dollars through the sale of significant real estate holdings.
  • Appointed as Chapter 7 trustee for New Century Transportation, Inc., Western Freightways, LLC, and Northwind Logistics, LLC; a national freight shipping and brokerage firm and its subsidiaries; for which more than $50 million in secured claims have been satisfied to date through the administration of the debtors’ assets and receivables. We operated the debtor during the wind down bringing a fleet of more than 3000 tractor trailers in from the road in an organized fashion while overseeing 1500 employees.
  • Appointed as Chapter 11 trustee for Basic Line, Inc., a plastic injection molding company with $20 million in annual revenues. Operated the Debtor for more than six months during the orderly liquidation of all assets and paid all secured lenders in full with a distribution to unsecured creditors.
  • Appointed as Chapter 7 trustee for Headliners Entertainment Group Inc., a publicly traded company owning and operating comedy clubs under the name “Rascals,” as well as dance clubs, entertainment complexes and a media library with original digital recordings of performances by comedians including Chris Rock, Jeff Foxworthy, Colin Quinn, Andrew Dice Clay, Wanda Sykes, Drew Carey, Tim Allen, Rosie O’Donnell, Darryl Hammond and Joy Behar, which all had to be liquidated.
  • Appointed as operating trustee for Kingsley Towers, LLC, a condominium apartment building in Fort Lee, and satisfied more than $13.3 million in secured claims.
  • Appointed as trustee for Topps Meat Company, LLC, one of the largest national suppliers of frozen hamburgers, after the recall of its beef products due to contamination with Escherichia coli (E. coli).