Matters

The representative matters that follow are arranged by legal category, according to those our team provided within bankruptcy proceedings and those provided outside in-court bankruptcy proceedings.

Debtor

Preceding Bankruptcy

  • Represented the debtor and debtor in possession in the bankruptcy of Atlantic Broadcasting, a radio broadcast business involving five AM and FM stations serving the southern New Jersey community. (U.S. Bankruptcy Court, District of NJ)
    • Handled the pre-filing planning and negotiations with the secured lender and guided the Chapter 11 process resulting in a global settlement with the secured creditor that funded the proceedings, completion of a competitive bid/sale process and confirmed plan that provided a carve-out for unsecured creditors.
  • Represented GeM Solutions, Inc., a public company technology services firm, in its successful restructuring.
    • Handled the pre-filing planning and negotiations with the secured lenders and oversaw the Chapter 11 process resulting in a reorganization debt-to-equity plan that preserved the public entity and provided creditors with a return in the form of stock in the reorganized business.

Within Bankruptcy Proceedings

  • Represented public company Immunicon Corporation, et al. in its successful going concern sale and Chapter 11 processes, which involved multiple layers of public debt and equity, as well as a complicated sale process due to significant regulatory overlay and IP issues in multiple countries.
    • Completed pre-bankruptcy planning, the post-bankruptcy filing sale and plan confirmation, which resulted in a 100 percent+ distribution to creditors and left significant funds for equity holders.

Additional Debtor Representations

  • $120 million luxury condominium project in Las Vegas
  • In re Adoc Holdings, Inc., et al. (f/k/a Coda Holdings, Inc.)
  • American West Development, Inc.
  • Atlantic Broadcasting
  • Arion International
  • Centaur Gaming
  • Cintra Software & Services, Inc.
  • Cynergy Group, LLC
  • Custom Food Products, Inc.
  • Elsinore Gaming
  • Fitzgerald Gaming
  • Fleer/Skybox International, Inc.
  • FX Luxury Las Vegas I, LLC
  • Gaspari Nutrition, Inc.
  • Global Power Equipment Group
  • Global Safety Textiles
  • Hi-Five Industries, LLC, On South Lake Street, LLC & Wild Game Ng, LLC
  • High fashion Italian boutiques in Las Vegas
  • International Norcent Technology, Inc.
  • Lakeview Subacute Care Center, Inc.
  • Lee & Associates Commercial Real Estate Services Nevada, Inc.
  • Martifer Aurora Solar, LLC and Martifer Solar USA, Inc.
  • McQuade Construction Companies, et al.
  • NewMeatco Provisions, Inc.
  • Nomoto Investments, LLC
  • North American Deed Company, Inc.
  • Omtron USA LLC (d/b/a Townsends, Inc.)
  • Oskar Huber, Inc.
  • Pallet Company LLC (f/k/a iGPS Company LLC)
  • Paragon Paper, Inc.
  • PNG Ventures, Inc.
  • Polycel Structural Foam, Inc.
  • Princeton Video Image Inc.
  • Pro Skate Operations LLC (a/k/a Pro Skate USA)
  • Quality Home Brands
  • In re Revel AC Inc., et al.
  • RM Precision Swiss, Inc.
  • South Tech Simmons 3040C, LLC
  • Steel Horse Automotive, Inc.
  • Stratosphere Gaming Corporation
  • Student Finance Corporation
  • Sun World International, Inc.
  • Timothy Blixeth
  • U.S. Aggregates, et al.
  • The Walking Company
  • WCI Communities
  • Whitton Corporation (16 single asset real estate development)
  • Vacation Charters (Split Rock Lodge)
  • Village Hotel Investors, Village Hotel Holdings
  • World Bazaars, Inc.

Creditor

  • Represented various municipalities in bankruptcy avoidance actions and Chapter 9 filings including representing the Cities of Oakland, Alameda and Richmond, CA as creditors.
  • Served as co-counsel to the largest unsecured creditor and member of the creditors committee of the debtor which provides trading platforms and execution, clearing, custody, settlement and technology products and services to the securities industry, principally retail and professional brokerage firms and banks throughout North America, Europe and Asia.
  • Provided bankruptcy services throughout the country for one of the world’s largest merchant processors. Representative cases include:
    • Frontier Airlines Holdings, Inc.
    • Delta Airlines, Inc.
    • The Great Atlantic & Pacific Tea Company, Inc.
    • Blockbuster, Inc.
    • Princeton Ski Shops, Inc.
    • Solidus Networks, Inc.
    • Lionel, LLC
    • The Bombay Company
    • Christian Bernard Stores Corp.

Creditors’ Committee

  • Represented the unsecured creditors committee for Fontainebleau Las Vegas Holdings, LLC, et al., a Chapter 11 case in Miami, FL, involving this Tier 1 resort developer of a project in Las Vegas and its affiliates.
    • Served as lead counsel to the statutory committee through the $2 billion sale of bank debt and contractor claims and conversion to Chapter 7.
  • Represented the unsecured creditors’ committee and the liquidating trustee under the confirmed Chapter 11 plan in the reorganization of The Lawrence McFadden Company, Inc., a chemical/paint manufacturer.
    • After failed reorganization attempts by debtor, organized and completed a competitive bidding process for the debtor’s assets resulting in the funding of the Chapter 11 plan that the creditors’ committee put forward and confirmed.
  • Represented the unsecured creditors’ committee in the Chapter 11 bankruptcy in Delaware of Custom Food Products, Inc., a meat processing company with operations in California and Kentucky.
    • Served as lead counsel to the statutory committee and worked to negotiate a global settlement to allow the sale to proceed, obtain a carve-out for unsecured creditors under confirmed Chapter 11 plans and preserve the going concern for future business.
  • Represented the official committee of unsecured creditors appointed in liquidation of We The People, Inc., a nationwide legal document preparation franchisor company, where the company filed Chapter 11 to orderly wind down its business and for its parent company to extricate itself from the investment.
    • Negotiated a resolution with the remaining franchisees, debtor and its parent embodied into confirmed Chapter 11 plan of liquidation that provided a return for unsecured creditors.
  • Represented the unsecured creditors’ committee in the Chapter 11 bankruptcy of Rockaway Bedding, in which the committee consisted primarily of bedding manufacturers that supplied to the 140-store chain operating in New York, New Jersey, Pennsylvania, Delaware and Virginia. (U.S. Bankruptcy Court, District of NJ)
    • Forced a sale of the remaining locations to a competitor and oversaw the confirmation and implementation of a liquidation plan.
  • Represented the creditors’ committee of Byram Concrete, a large regional ready mix concrete contractor located in White Plains, NY. (U.S. Bankruptcy Court, Southern District of New York)

Additional Creditors’ Committee Representations

  • AuraSound, Inc.
  • Beth Israel Hospital Association of Passaic (d/b/a PBI Regional Medical Center)
  • Bodies in Motion
  • Burke Industries
  • Casale Industries, Inc.
  • Claridge Hotel and Casino – bondholders’ committee
  • Crew Creative Advertising
  • Contessa Premium Foods, Inc.
  • Foxtons, Inc. and Foxtons North American, Inc.
  • Gems TV (USA) Limited
  • Global Motorsport Group, Inc. et al.
  • H&G Distributing (Seafood Shanty)
  • International Aluminum Corporation
  • Little Tokyo Partners, LLP
  • In re Mantara, et al.
  • McGrath’s Publick Fish House, Inc.
  • Moshannon Valley Citizens, Inc. t/a Philipsburg Area Hospital
  • Network Access Solutions, Inc.
  • Norman J. Salter
  • Nutri-Systems – former principal
  • Omne Staffing, Inc.
  • The Renfrew Center – secured creditor
  • Right Start Acquisition Company & BabyStyle, Inc.
  • Station Casinos Inc. et al.
  • Stateline Hotel & Casino
  • Todd-Soundelux, LLC
  • The Walking Company – local counsel
  • Urban West Rincon Developers
  • Washington Group International
  • Washington Mutual Inc. – senior noteholders group
  • Westcoast Video Enterprises, Inc. – secured creditor
  • Zacky Farms – local counsel

Trustee

  • Served as counsel to the Chapter 7 trustee for Downey Financial Corp., the third largest bank failure from 2008, which involved litigation across the country including in:
    • The Bankruptcy Court (including, among others, litigation involving ownership of more than $400 million in tax refunds);
    • The District Court for the District of Columbia (asserting the bankruptcy estate’s claim in the bank receivership);
    • The U.S. Court of Federal Claims (to recover a tax refund of approximately $373 million);
    • California state court (against the Debtor’s former officers and directors);
    • Arbitration (against the Debtor’s former auditors).
  • Represented the Chapter 7 trustee in the bankruptcy of Bionol Clearfield, LLC, which constructed and operated a $300 million corn-based ethanol production facility and related entities.
    • Handled the 10-month going concern process that resulted in a $10 million sale after a multiparty bid and auction process.
  • Represented the Chapter 7 trustee in the bankruptcy of Hess Industries, Inc. and Hess Engineering, a company that engineered, fabricated and installed custom metal forming equipment and integrated manufacturing systems primarily for applications in the automotive industry.
    • Obtained approval from the Delaware Bankruptcy Court for the complex, cross-border sale of substantially all of the assets to a China-based company for $19.25 million, which, among other hurdles, required dealing with Department of Commerce and ITAR issues.
  • Represented the Chapter 7 trustee in the bankruptcy of Hospital Partners of America, Inc., a Charlotte, NC-based holding company that developed and operated hospitals in partnership with physicians. (U.S. Bankruptcy Court, District Court of DE; U.S. Court of Appeals, 3rd Circuit)
    • Handled the complex sale of three hospitals, in which the third, St. Joseph’s Medical Center in Houston, TX, sold for approximately $155 million.
  • Represented the Chapter 7 trustee in the bankruptcy of American Remanufacturers, Inc., et al. – the second largest automotive parts remanufacturer in the country, after the companies’ failed Chapter 11 bid that lasted for one week. (U.S. Bankruptcy Court, District of Delaware)
    • Completed a complicated bid and auction sale process that resulted in the sale of several units of the debtors’ businesses to several buyers.
  • Represented the Chapter 7 trustee in a highly publicized Chapter 7 bankruptcy case for renowned steak house Raindancer Steak House, which had been a Palm Beach institution for more than 35 years.
    • Negotiated and sought leave of court to sell substantially all of the assets of the estate for the benefit of creditors, on a shortened time frame, which resulted in the restaurant remaining open.
  • Represented the Chapter 7 trustee of Thelen LLP, formerly a national law firm with more than 600 attorneys in offices throughout the United States.(U.S. Bankruptcy Court, Southern District of New York)
    • Assisted in liquidating Thelen’s assets, prosecuting all open claims and successfully resolving the vast majority of the partner claw-back and Jewel v. Boxer claims without litigation.
  • Represented the Chapter 7 trustee of Jeffrey J. Prosser in the U.S. Virgin Islands and prosecuting various claims against the debtor and other parties.
    • Obtained awards totaling nearly $1 million for sanctions levied against the debtor and his non-debtor wife for destruction of estate property.
  • Represented the Chapter 7 trustee in the matter of Frank Lembi in San Francisco resulting in more than $10 million in value for the estate.
  • Represented the Chapter 7 trustee of Pali Capital Corp. and Pali Holdings Inc., a former broker-dealer, and successfully prosecuted claims against the debtor’s former officers and directors which resulted in a multimillion-dollar recovery for the benefit of these estates.
  • Represented the Chapter 7 trustee of Third Toro, Inc. (which operated as H&H Bagel) and successfully sold the debtor’s building in Manhattan for $11 million.
  • Represented the Chapter 11 trustee of Dallek, Inc., and confirmed a plan of liquidation that paid creditors 100 percent of their claims plus interest.
  • Counseled a Chapter 11 trustee in the sale of various franchises to a private equity firm.
  • Successfully defended a litigation trustee in the U.S. Court of Appeals, 11th Circuit.

Additional Trustee Representations

  • Alliance Bancorp
  • American Tissue, Inc. et al.
  • Applied Theory Corporation
  • Breuners Home Furnishings, Inc.
  • Coffees of the World Corp., (a/k/a Timothy's World Coffee)
  • Dollarland, Inc
  • The Lawrence McFadden Co.
  • Louis Frey, Inc.
  • Mitchell Deutsch
  • Pali Capital, Inc.
  • Rodman & Renshaw, LLC
  • Winstar Communications, Inc. et al.

Section 363 Transactions/Sales

  • Represented the following purchasers in 363 sales:
    • Perfect Commerce, Inc. (in re PurchasePro.com)
    • Saturn Partners Limited Partnership (in re CompuSport, LLC)
    • U.S. Bank National Association NA (in Saxton, Inc. bankruptcy)
  • Gaspari Nutrition, Inc. – Chapter 11 debtor representation in NJ, completed going concern 363 sale after bid/auction process, Chapter 11 plan is underway.
  • Represented court appointed receiver in Alliance Metals, Inc., et al., involved a going concern sale.

Chapter 9

  • Palm Drive Healthcare
  • Represented various California municipalities in debt restructuring efforts that did not ultimately require Chapter 9 filings (City of Richmond, Doctors Medical Center (San Pablo), Modoc County).
  • Represented the State of Rhode Island in connection with the Chapter 9 filing of Central Falls.

Chapter 15 and Cross-Border Insolvency

  • Ernst & Young in its capacity as the foreign representative who commenced the Chapter 15 cases in the United States bankruptcy Court for the District of Nevada, Reno Division, regarding the Veris Gold Group

Additional Bankruptcy Representations

  • Riviera Holdings Corporation – represented the secured creditors in debt for equity exchange in plan of reorganization
  • The Rhodes Companies – represented equity holder James Rhodes and ultimate parent company in land developer bankruptcy
  • Aladdin Gaming represented shopping mall owner in Chapter 11
  • Seven Circle Real Estate Development Co.
  • Pegasus Gold Corporation represented debtor and 7 related entities
  • Four Queens Hotel & Casino – out of court workout
  • Binion’s Hotel & Casino – out of court workout
  • Tharaldson Ethanol Plant and related entities
  • MacDonald Highlands – out of court workout of real estate developer
  • Zante, Inc.