Insolvency & Creditor Rights Litigation
- 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 the ad hoc committee of second lien bondholders. 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.
- Representation of Chapter 7 trustee in successfully securing millions of dollars in judgments and settlements in numerous pieces of complex litigation.
- Representation of indenture trustee in obtaining two unlawful detainer judgments against municipality that had defaulted on bond payments.
- Represented 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.
- 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.
- Representing the indenture trustee in a state court insolvency proceeding involving 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.
- Representation of ad hoc committee of second lien bondholders in Chapter 11 of Caesars Entertainment Corp. et al in the United States Bankruptcy Court for the District of Illinois.
- Representation of the indenture trustee for convertible note holders in Energy XXI Ltd. bankruptcy case in the United States Bankruptcy court of the Southern District of Texas.
- Represented administrators of foreign companies in insolvency 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.
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 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
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 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.