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Bankruptcy & Restructuring

  • Represented an 86-store specialty gift retail chain operating across 7 states, with approximately 2,000 employees, as a debtor in possession in its Chapter 11 bankruptcy case. Successfully filed a Chapter 11 bankruptcy case to sell the assets of the company as a going concern to a new buyer pursuant to a section 363 sale, without any store closings or employee layoffs.
  • Representation of holders of Virgin Islands gross receipts and matching fund revenue bonds.
  • Representation of purchaser of bankrupt paper mill employing a large portion of a Midwest community.
  • Represented a large radiology practice in the successful purchase of several other radiology practices under section 363 of the Bankruptcy Code in Chapter 11 bankruptcies.
  • Represented the indenture trustee in connection with an approximate $111 million dollar bond issue relating to a continuing care retirement community (CCRC) in Stillwater, Oklahoma. The borrower defaulted on its obligations owed under the bonds and we are representing the trustee as senior secured creditor in connection with an ongoing state court receivership proceedings. This includes negotiations for the funding, sale issues, and litigations with various 3rd parties relating to lien priority dispute.
  • Representation of clients in acquisitions from assignments for the benefit of creditors in multiple states.
  • Representation of the trustee for certificates of participation in a receivership case of a continuing care retirement community in California Superior Court. Issues include: state court receivership litigation, zoning and land use modifications, supplemental financing and asset sales.
  • Representation of Chapter 7 trustee in successfully securing millions of dollars in judgments and settlements in numerous pieces of complex litigation.
  • Representation of Chapter 7 trustee is recovering significant funds in dozens of preference actions.
  • Representation of liquidity provider/bond holders in Chapter 9 of Jefferson County, Alabama in United States Bankruptcy Court for the Northern District of Alabama.
  • Representation of bond trustee in restructuring of California land district.
  • Representation of the debtor, a coated paper manufacturer, in a chapter 11 bankruptcy that resulted in a sale of substantially all of the debtor’s assets at a final price 64% above the stalking horse bid.
  • Representation of Hitachi Corp. in bankruptcy of General Motors and Chrysler Corporation.
  • Representation of the indenture trustee in a multi-year Pennsylvania State Court receivership involving defaulted parking revenue bonds for the Scranton Parking Authority.
  • Representation of ASICS America Corporation, as consignment vendor and member of the unsecured creditors committee in Sports Authority’s bankruptcy in the United States Bankruptcy Court in the District of Delaware.  
  • Representation of various individual board members and boards with respect to insolvency and bankruptcy counseling in jurisdictions throughout the United States.
  • Represented an advisory and wealth management firm that had more than $1 billion in assets under management, through the filing of an involuntary bankruptcy petition, the conversion to a voluntary Chapter 11 case, the resolution of significant pre-petition litigation, and the confirmation of its Chapter 11 plan.
  • Represented the board of directors of a company that designed and tested semiconductors in preparing and obtaining confirmation of a Chapter 11 plan of reorganization.
  • Represented a construction services company in the confirmation of its Chapter 11 liquidating plan and post-petition litigation.
  • Represented a technology and marketing services company in numerous 365 sales of substantially all of its assets and the confirmation of its subsequent Chapter 11 plan.
  • Represented the indenture trustee in connection with $90 million of bonds in the bankruptcy of a Texas-based senior housing company.
  • Representation of numerous clients with respect to acquisition of assets through Uniform Commercial Code Article 9 foreclosures.
  • Representation of clients in acquisitions from assignments for the benefit of creditors in multiple states.
  • Representation of K.D. Pharma as buyer in the Sancilio Pharmaceuticals bankruptcy in the United States Bankruptcy Court of the District of Delaware.
  • Representing the indenture trustee in a state court insolvency proceeding involving the a non-profit and quasi-public detention center facility located in Rhode Island. We negotiated a multi-year forbearance agreement and our team developed the efficiency plan with the facility to return the facility to profitability.
  • Represented indenture trustee in the liquidation of a Missouri special assessment bond. This matter requires some innovative techniques to achieve the termination of a special assessment lien with a supermajority of bondholders.
  • Representation of Patrick J. Purcell in his individual capacity in the Chapter 11 bankruptcy and sale of the Boston Herald, Boston and Massachusetts second largest general circulation
  • Representation of Bank of NY Melon as trustee in Chapter 11 of Calpine Corporation bonds. Represented indenture trustee of approximately $260 million of municipal bonds in gas fired cogeneration facilities in Chapter 11 proceedings.
  • Representation of the unsecured creditors’ committee in the bankruptcy of Clark-Cutler-McDermott Company, in the United States Bankruptcy Court in the District of Delaware.
  • Representation of numerous institutional investors regarding general advice, restructuring, and litigation strategy on various Puerto Rico and related public corporation bond issues, including advising on PROMESA, commonwealth and related fiscal plans, and GO/COFINA litigation.
  • Representation of the ad hoc committee of second lien bondholders in this matter. Issues involved included guarantee litigation against corporate parent in the U.S. District Court for the Southern District of New York involving novel Trust Indenture Act issues and related appeals, litigation involving Bankruptcy Code Section 105 injunctions and related appeals, litigation involving interpretation of Bankruptcy Code Section 1111 and related appeals, litigation involving claims for original issue discount and negotiation and documentation of multi-party restructuring support agreement.
  • Served as counsel to the bondholder representative in the workout of bond debt owed by one of the most prominent congregate care retirement developments in North Dakota.
  • Representation of Smyths toys in its acquisition of the Toys"R"Us central European business in the United States Bankruptcy Court for the Eastern District of Virginia.
  • Representation of numerous distressed real estate investment funds in acquisitions of commercial real estate under section 363 of the Bankruptcy Code.
  • Represented administrators of foreign companies in insolvency proceedings.
  • Represented the indenture trustee in the workout of $30 million of bonds secured by a Florida senior living facility, including the infusion of $10 million of new capital.
  • Represented indenture trustee of approximately $260 million of municipal bonds in gas fired cogeneration facilities Chapter 11 proceedings.
  • Representation of indenture trustee in obtaining two unlawful detainer judgments against municipality that had defaulted on bond payments.
  • Represented the bondholders of $50 million of bonds secured by an integrated solid waste disposal system in the process of recapitalization and asset sales.
  • Representation of a nonprofit organizations on workout, bankruptcy, and dissolution matters.
  • Representation of ad hoc water and sewer revenue bondholders in Chapter 9 of Detroit, Michigan proceedings in the United States Bankruptcy Court for the Eastern District of Michigan.
Case Study
Mintz’s Bankruptcy & Restructuring team achieved a significant victory by obtaining complete dismissal (at the pleading stages) of a lawsuit brought against our clients by a liquidating entity, which sought to recover at least $50 million in damages based on allegedly fraudulent transfers of real estate during and after a bankruptcy case.
Case Study
Mintz advised the bond trustees of wood pellet supplier German Pellets and its US subsidiaries in a $515 million cross-border bankruptcy. The ongoing matter has included Louisiana and Texas bankruptcy proceedings and related litigation and insolvency matters in Germany.
Case Study
Mintz represented bondholders and the trustee of two municipal debt issuances totaling $21 million in a bankruptcy case dispute about the borrower’s attempts to modify the terms of the bonds. Mintz persuaded the borrower to amend its improper proposal — and the bondholders received payment in full.
Case Study
Mintz represented the ad hoc committee in casino giant Caesars Entertainment Corp.'s Chapter 11 bankruptcy. Mintz’s early summary judgment filing helped its clients settle with Caesars. ML Strategies helped to lobby Congress to oppose Caesars's proposed amendments to the Trust Indenture Act.
Case Study
Mintz represented Wilmington Savings Fund Society, FSB, the indenture trustee for holders of $367 million in notes, in oil and gas developer Energy XXI, Inc.’s contentious Texas bankruptcy. The noteholders ultimately received a cash payout of more than double the original offer amount.
Case Study
Mintz represented Bay Point Capital Partners, LP in investigations pertaining to its financing of a prepetition sale-leaseback transaction related to the bankruptcy case of Mission Coal Company, LLC. Our attorneys negotiated a settlement that protected the lender’s interests and made it whole.
Case Study
Recent events have financially impacted many borrowers, lenders and investors. You may be in business relationships with entities that are in financial distress. There are different options available to maximize recovery in such situations.