Represented a participant in two defaulted loan facilities totaling over $4 billion with American Insurance Group, an affiliate of AIG.
Represented a national bank with nine separate project loans totaling over $200 million to AIG Baker Development, a major regional developer. The matter involved extended litigation and three separate chapter 11 filings and resulted in the sale, payment or foreclosure of each credit.
Represented a national bank that issued a letter of credit to support the Nashville Symphony’s obligations with respect to $102 million in bonds. The proceeds of the bonds were used to construct the Schermerhorn Symphony Center in Nashville, Tennessee. After the Symphony defaulted on its obligation to reimburse the bank for amounts drawn under the letter of credit. the bank initiated foreclosure of the Schermerhorn Symphony Center, and the Symphony prepared to file bankruptcy to prevent the foreclosure. After substantial negotiations, a settlement was reached and bankruptcy was avoided.
Represented a national, publicly-traded health care firm in a fraudulent transfer action brought by the holder of a $376 million consent judgment against the firm’s former subsidiary.
Represented a national, publicly-traded heath care company in the collection of a $2.9 billion judgment against its former CEO.
Represented a collateral agent for several lenders in the out-of-court restructuring of the lenders’ numerous commercial and real estate loans to a developer, which totaled over $250 million. The representation involved the management and liquidation of an extended commercial real estate portfolio with properties in Alabama and Florida.
Represented an investor that acquired the debt of Wall Street Deli, a publicly traded restaurant chain, and, after extended litigation, successfully obtained stay relief to take control of the debtor’s stores as a going concern.
Represented the secured lender of Orix Manufacturing, an automotive supplier, in Orix’s chapter 11 bankruptcy case. Secured lender recovered 100% of its claim after cash collateral and stay litigation and a sale of Orix’s assets under section 363 of the Bankruptcy Code.
Represented a national bank in $50 million loan workout secured by medical office building.
Represented a national medical software company in various restructuring, bankruptcy, and collection matters involving distressed community hospital clients.
Represented a publicly-traded ambulatory surgical services company in the chapter 11 bankruptcy of a medical equipment services company filed in Texas.
Represented a national bank in the out-of-court workout of a $10 million letter of credit facility with a distressed rural hospital, resulting in a full release of the letter of credit without any loss to the bank.
Represented the indenture trustee for bonds issued for the benefit of an Alabama skilled nursing facility. Successfully obtained the appointment of a receiver and obtained expedited approval of a state court receivership sale of the facility
Represented a national bank in avoidance litigation brought by the bankruptcy trustee of a bank holding company seeking to claw back $324 million in assets acquired from the FDIC as the receiver.
Represented a national bank in a chapter 11 case involving hotel properties in Alabama, obtaining an agreed cash collateral order and ultimately obtaining a stipulated dismissal of the bankruptcy case and payment in full of the debt.
Represented a creditor that filed and obtained confirmation of a chapter 11 creditor’s plan in a bankruptcy case in Alabama, pursuant to which the creditor acquired (over the debtor’s objection) all of the debtor’s commercial real estate holdings in the Birmingham metropolitan area valued at over $20 million.
Represented participating secured creditors with aggregate claims of approximately $260 million in a chapter 11 bankruptcy case of a national coal mining company that resulted in a favorable plan of reorganization.
Represented a lender in restructuring $90 million construction loan and related liability under interest rate swap.
Represented a national bank in a Tennessee state court receivership proceeding involving a mixed use, commercial / residential / retail development project with over $40 million in outstanding project financing, including new value tax credit financing and conventional commercial loans.
Represented the primary secured creditor in a chapter 11 case in the Northern District of Texas, which involved a roofing company operating in 25 states.
Represented a lender with respect to two apartment complexes in Alabama with common ownership, successfully contesting confirmation of the debtors’ plans in their respective chapter 11 bankruptcy cases, obtaining relief from stay to foreclose, foreclosing on the properties, and pursuing deficiency judgments against the owner/guarantor in federal court.
Represented a lender to an aircraft dealer/broker in Florida state court and Texas bankruptcy court in complex litigation regarding passage of title under Article 2 of the UCC and lien priority under Article 9 of the UCC.
Represented a national bank in the workout of a multi-million dollar credit facility to a publicly-traded aviation company, resulting in full payment to the lender of all outstanding debt plus restructuring fees.
Represented a secured lender in the chapter 11 bankruptcy of one of the nation's oldest and largest residential home builders in Florida bankruptcy court.
Represented the lead secured lender in negotiating and closing a complex, going concern sale of a distressed retailer’s franchise operations to a third party buyer pursuant to a UCC sale.
Represented and led a bank group in connection with a coordinated UCC sales of substantially all assets of a construction services business on a going concern basis to a third party buyer.
Represented a national bank in the workout of a multi-million dollar loan to a publicly-traded sign manufacturer. Negotiated going concern sales of several borrower subsidiaries and advised regarding the orderly liquidation of other borrower assets.
Represented a national bank in connection with the workout of $25 million loan to a Gulf Coast real estate developer and successfully negotiated the sale of all bank debt, resulting in ar full recovery for the lender.
Represented over 25 landlord claimants and preference defendants in settling objections and actions in a national retailer’s chapter 11 bankruptcy case.
Represented secured and unsecured creditors, including bank and non-bank lenders, DIP lenders, landlords, equipment lessors, vendors and asset purchasers, in bankruptcy cases across the country.
Represented various bank and non-bank lenders in the collection of pledged accounts and the liquidation of equipment, real estate, intellectual property, securities, pledged accounts, and other collateral assets in a wide variety of industries.
Represented creditors in state and federal receiverships, collection actions, preference and fraudulent transfer litigation, lender liability litigation, derivative litigation and other commercial litigation arising from debtor-creditor relationships.
J.A. Jones Construction Company
Represented J.A. Jones Construction Company, an international construction firm, and 57 of its subsidiaries in their chapter 11 cases filed in North Carolina. Within 11 months of the bankruptcy filing, obtained confirmation of two chapter 11 plans that ratified a dozen major asset transactions and numerous smaller sales. The process netted over $1 billion in total consideration, eliminated another $1 billion in contingent liabilities under the firm’s surety bonds, and saved the jobs of over 97 percent of the firm’s 7,000 employees.
Birmingham Steel Corporation
Represented publicly-traded Birmingham Steel Corporation and several of its affiliates in chapter 11 in Delaware. Creditor claims totaled more than $1 billion. Confirmation of a contested chapter 11 plan occurred approximately 120 days after the bankruptcy filing. The sale of the debtors’ assets to Nucor Steel for over $615 million pursuant to the plan provided a significant return to shareholders despite the company’s insolvency.
Oreck Corporation
Represented Oreck Corporation, a leading manufacturer of vacuum cleaners, and several of its affiliates in their chapter 11 proceedings filed in Tennessee. Successfully obtained a going-concern sale of all the debtors’ assets within three months after the case was filed.
Globe Manufacturing
Represented Globe Manufacturing, the largest independent producer of spandex, with operations in Alabama, New York and Massachusetts. Obtained confirmation of a chapter 11 plan that provided for the sale of the business to an Italian manufacturer and resolved over $400 million in creditor claims.
Key Rehabilitation
Represented Key Rehabilitation, a physical therapy company with operations throughout the South and Midwest, in its chapter 11 bankruptcy proceedings.
Carraway Methodist Health Systems
Represented the nonprofit hospital Carraway Methodist Health Systems and several of its affiliates in chapter 11 bankruptcy proceedings. Creditor claims totaled over $140 million. Approximately seven weeks after the filing date, obtained court approval of the sale of substantially all the debtors’ assets, which preserved more than 1,000 local jobs. Within approximately eight months of the bankruptcy filing, obtained confirmation of a chapter 11 plan of liquidation.
Represented the buyer of nonprofit hospital Carraway Methodist in winding down the hospital’s operation under bankruptcy court supervision and liquidating its assets in a chapter 11 proceeding.
GTM Energy Partners, LLC
Represented secured lenders/equity holders in the chapter 11 case of coal mining company GTM Energy Partners, LLC. Obtained court approval of a 363 sale of assets and confirmation of a chapter 11 plan of liquidation that paid creditors in full with interest and provided a return to equity.
Dixie Pellets
Represented Dixie Pellets, a manufacturer and exporter of wood-based biofuel products, in its chapter 11 case. Case involved claims exceeding $100 million, as well as complex issues of maritime law and lien priority disputes. Obtained approval of sales of substantially all assets of the debtor pursuant to 363 sales and confirmation of a chapter 11 plan of liquidation.
Moore-Handley, Inc.
Represented Moore-Handley, Inc., one of the country’s largest wholesale hardware distributors, in its chapter 11 proceedings, in which a sale of substantially all of the company’s assets was approved by the bankruptcy court over the objections of the unsecured creditors committee and a labor union, among others.
Monarch Tile
As debtor’s counsel, obtained court approval of a contested chapter 11 plan that resulted in the sale of a tile manufacturing plant to an Italian buyer and preserved over 400 jobs locally.
Represented the predecessor of the current Alabama Symphony, pro bono, in a chapter 11 case that included the rejection of the Symphony’s collective bargaining agreement.
Martin Industries
Represented Martin Industries, a publicly-traded manufacturer, in its bankruptcy proceedings and obtained confirmation of a contested chapter 11 plan less than seven months after filing.
Carecorps Management
Served as corporate and health care counsel to Carecorps Management, which owned and operated 13 affiliated skilled nursing and assisted living facilities, in its Mississippi bankruptcy proceedings.
Represented a manufacturing client (majority-owned by a private equity client of the firm) in a complicated, recapitalization transaction. As part of the recapitalization, the manufacturing client refinanced its existing senior facility with a new $60 million senior asset-based facility, restructured $42 million in subordinated mezzanine debt, and issued a new $2.5 million round of preferred equity. The new senior loan is secured by real and personal property located at seven manufacturing facilities in four states.
Represented a comprehensive care retirement community in out-of-court financial restructuring negotiations and in successful defense of a secondary lender’s efforts to have a receiver appointed over the borrower’s and primary lender’s objection.
Represented a financially distressed medical imaging business in a negotiated, friendly foreclosure sale of imaging facilities to a publicly-traded healthcare company.
Represented electric cooperative in the out-of-court restructuring of a multi-million dollar secured financing facility.
Represented a closely-held telecommunications company in an out-of-court restructuring of multiple secured credit facilities.
Represented various bank and non-bank lenders in workouts and the restructuring of real estate and commercial loans.
Represented letter of credit issuer in restructuring $102,000,000 in bonds issued by nonprofit entity and secured by letter of credit.
Represented lender in restructuring $90,000,000 construction loan and related liability under interest rate SWAP.
Represented lender in restructuring of $50,000,000 loan secured by medical office buildings.
Represented lender in restructuring of $56,000,000 loan secured by hotels.
Distressed Investing and Acquisitions
Represented a publicly-traded health care company in its acquisition, out of a chapter 9 municipal bankruptcy case filed in Mississippi, of substantially all of the assets of Natchez Regional Medical Center, a community hospital located in Natchez, Mississippi.
Represented a publicly-traded health care company in connection with its acquisition of a physician-owned surgical hospital in Arizona through a confirmed chapter 11 plan of reorganization.
Represented a publicly-traded health care company in its acquisition, out of a chapter 11 pending in Florida, of substantially all of the assets of a bankruptcy physician practice through a 363 sale.
Represented a publicly-traded health care company in its acquisition of a bankrupt physician’s membership interests in a Texas facility pursuant to a 363 sale.
Represented an investor group in the purchase of a bankrupt hospice operator. The sale was consummated through the structured dismissal of a bankruptcy case and the closing of the sale post-dismissal.
Represented the buyer of a rural hospital out of chapter 11 in Alabama pursuant to a 363 sale.
Represented a public company in purchasing, out of bankruptcy in Nevada, the major eastern assets of US Aggregates, a national supplier of aggregates.
Represented a private company in purchasing the assets of a printing company out of a state court receivership action in Wisconsin.
Represented a creditor that purchased a claim in a chapter 11 commercial real estate case pending in Alabama, then filed and obtained confirmation of a chapter 11 creditor’s plan, pursuant to which the creditor acquired (over the debtor’s objection) all of the debtor’s commercial real estate holdings in the Birmingham metropolitan area valued in excess of $20 million.
Represented a tier I automotive supplier in a tier II supplier's bankruptcy. Negotiated the purchase by the tier I supplier of assets free and clear of all liens from both the United States debtor and from an affiliate in a Canadian insolvency proceeding.
Represented an automotive supplier In a 363 sale pursuant to which the supplier purchased joint venture interests and other assets out of the Collins & Aikman bankruptcy pending in the Eastern District of Michigan.
Represented the buyer of a bankrupt car dealership in Mississippi, as a going concern, through a 363 sale.
Represented the purchaser of an apartment complex out of state court receivership. Thesale was approved via a rarely-used Alabama judicial foreclosure sale, which incorporated bidding procedures much like those used in 363 bankruptcy sales.
Represented a purchaser of substantially all assets of bankrupt manufacturer Dorsey Trailer Company through a 363 sale in chapter 11.
General Medicine PC vs. HealthSouth Corporation, CV-05-3042, Cir. Ct of Jefferson County, Ala
Defense of HealthSouth in litigation in Alabama brought by a Michigan company seeking to force HealthSouth to pay a $376 million consent judgment entered in federal court in Michigan in favor of the plaintiff and against a former subsidiary of HealthSouth, Horizon/CMS Healthcare Corp. The plaintiff alleges that HealthSouth should be required to pay the consent judgment, plus 10% interest, on the disputed theories that (i) HealthSouth received fraudulent transfers of Horizon’s assets, and (ii) Horizon was HealthSouth’s mere alter ego. Plaintiff claims $700+ million, including interest. Attorneys in the Birmingham office are handling this case, which is pending.
In re Colonial BancGroup, Inc. v. Branch Bank & Trust Company, 2:11 cv-00824, in the M. D. of Ala.
Defense of BB&T in lawsuit filed against it by The Colonial BancGroup, Inc., a chapter 11 debtor, seeking to claw-back $300 million in assets of its former subsidiary, Colonial Bank, which assets BB&T acquired from the FDIC-Receiver after Colonial Bank failed. BB&T also asserts a third-party claim against the FDIC for indemnification of the plaintiff’s claims. The pending case presents the novel issue of whether a bankrupt bank holding company can claw back assets of its failed bank subsidiary from the assuming bank that acquires the assets from the FDIC-Receiver.
Represent HealthSouth in the collection of a $2.9 billion dollar final judgment entered against its former CEO, arising out of his perpetration of a massive accounting fraud against the company during his tenure as its CEO.
Represented a regional healthcare facility in multi-million dollar swap litigation in the Lehman Brothers bankruptcy.
Represented group of overseas creditors who successfully petitioned for an involuntary bankruptcy case against a mattress manufacturer located in Alabama.
Represented limited partners in a fraudulent transfer lawsuit against the transferees of their former general partner who absconded with partnership assets.
Represented a public corporation in a non-dischargeability action against its bankrupt, former-officer.
Represented lenders in litigation against obligors and guarantors.
Represented judgment creditors in execution sales and other collection procedures.
Defended large preference claims and other bankruptcy avoidance actions against corporate clients of the firm. Recent results include settling a $5 million preference claim by a steel manufacturer for less than 1 cent on the dollar, and winning a seven-figure preference claim against a major oil refiner on summary judgment.
Novergence, Inc. (U.S. Bankruptcy Court District of New Jersey 2004)
Represented a publicly traded company in a preference action seeking to recover over $3.9 million, settling the matter for $10,000.00.
Dismissal with prejudice of a $650,000 preference action.
Dismissal with prejudice of a $650,000 preference action against a regional insurance broker.
Five figure settlement of a $4.3 million dollar fraudulent transfer action.
Five figure settlement, on behalf of a Boston private equity firm, of a $4.3 million dollar fraudulent transfer action.
Meyers (U.S. Bankruptcy Court, N.D. Ala. 2007)
Obtained summary judgment in favor of a federal thrift in a non-dischargeability lawsuit against former employee that involved claims of embezzlement and fraud while acting in a fiduciary capacity.
David Alan Hines (U.S. Bankruptcy Court M.D. Ala.)
Obtained summary judgment in an adversary proceeding to deny the debtor a discharge under Section 727(a)(2)(A) of the Bankruptcy Code with respect to the debtor’s pre-petition transfers of substantial assets.
Gulf States Steel, Inc. of Alabama (U.S. Bankruptcy Court N.D. Ala. 1999)
Represented a private equity fund and its affiliates in a fraudulent transfer lawsuit seeking to recover over $3.1 million, settling for less than two cents on the dollar.
Bethlehem Steel Corporation (U.S. Bankruptcy Court S.D. NY 2001)
Represented a Fortune 1000 company in a preference action seeking to recover over $4.3 million, settling the matter for approximately five cents on the dollar.
Represented and served as the chapter 7 bankruptcy trustee for one of Tennessee’s largest construction companies. Supervised the completion of pending construction projects as well as the liquidation of the company's equipment and accounts, including termination of the pension plan, termination of the health care plan, the completion of pending contracts, the litigation of preference claims, the allowance of unsecured claims and the distribution of proceeds to holders of allowed claims.
Represented a chapter 7 estate in prosecution of scores of preference claims arising out of the liquidation of a chain of retail stores.
Represented a bondholder committee in the chapter 11 case of a real estate office development filed in the U.S. Bankruptcy Court for the Middle District of Tennessee.
Represented an official franchisee committee in the chapter 11 case of a national franchise company pending in the U.S. Bankruptcy Court for the Middle District of Tennessee.
Represented a receiver of a failed multipurpose development along the Alabama Gulf Coast. Conducted an orderly sale process involving all receivership assets.
Represented a secured lender in a receivership of a failed plaintiff's mass tort law firm in Utah state court and the collection of receivables arising from the law firm's mass tort cases.
Represented a national bank in a Tennessee state court receivership proceeding involving mixed use, commercial / residential / retail development project financed through new value tax credit financing and conventional commercial loans.
Represented a private company in purchasing the assets of a printing company out of a state court receivership action in Wisconsin.
Represented a federal court receiver of real property assets in contempt proceedings against the owner. Obtained an order holding the owner in contempt of court for violating the receivership order.
Represented a Florida state court receiver in connection with court-approved, receiver sales of real property receivership assets.
Represented secured lender in receivership of failed plaintiff's mass tort law firm in Utah State Court and collection of receivables arising from law firm's mass tort cases.
Represented secured lender in receivership of failed law firm in the Western District of Oklahoma and collection of receivables arising from law firm's cases.
Represented secured creditor that obtained appointment of receiver for former foundry property in Cookeville, Tennessee. Receiver sold the property.
Serve as the receiver for multi-family residential property in Tennessee state court case.
Represented secured creditor that obtained appointment of receiver for retail property in downtown Nashville, Tennessee. Receiver sold the property.
Represented secured creditor that obtained appointment of receiver for medical facility in Memphis, Tennessee. Receiver sold the property.
Represented secured creditor that obtained appointment of receiver for multi-family residential property in Memphis, Tennessee. Receiver sold the property.
Represented secured creditor that obtained appointment of receiver for commercial property in Jackson, Tennessee. Receiver sold the property.
Jefferson County, Alabama
Represented Jefferson County, Alabama, in its chapter 9 bankruptcy filing involving the restructuring of over $5 billion of debt. Advised client with respect to legal and financial issues of unprecedented size and complexity in negotiating with creditors and in litigation in federal and state courts in Alabama and New York. In addition to bankruptcy and state insolvency law issues, the case presented questions pertaining to pension, retiree and health benefits, environmental law, tax law, public finance, securities law, utility rates, legislation, constitutional law and other areas of the law. Litigation continued after the bankruptcy filing with respect to additional issues of first impression, including the extent and application of special revenue liens, stay relief, eligibility, and the operation and control of Cooper Green Mercy Hospital and public authority leases. Jefferson County ultimately reached a settlement with all major creditor groups based on the sale of $1.8 billion of new public securities out of bankruptcy. Two years after filing, Jefferson County emerged from chapter 9 upon implementation of a consensual chapter 9 plan.
West Jefferson Public Park and Amusement Authority
Represented the municipal owner of the Visionland theme park in a rare liquidating chapter 9 that involved over $100 million in debt and resulted in the sale of the debtor’s amusement park to a private operator.
City of Prichard, Alabama
Represented the indenture trustee of general obligation creditors in the first Prichard chapter 9 bankruptcy case, and on behalf of an amicus curiae in favor of eligibility in the second Prichard chapter 9.
Natchez Regional Medical Center
Represented a publicly-traded health care company in its acquisition, out of a chapter 9 municipal bankruptcy case filed in Mississippi, of substantially all of the assets of Natchez Regional Medical Center, a community hospital located in Natchez, Mississippi.
Represented a publicly-traded health care company in its acquisition, out of a chapter 9 municipal bankruptcy case filed in Mississippi, of substantially all of the assets of Natchez Regional Medical Center, a community hospital located in Natchez, Mississippi.
Represented a publicly-traded health care company in acquisition of a physician-owned surgical hospital in Arizona through confirmed chapter 11 plan of reorganization.
Represented a publicly-traded health care company in its acquisition, out of a chapter 11 pending in Florida, of substantially all of the assets of a bankruptcy physician practice through a 363 sale.
Represented a publicly-traded health care company in connection with the acquisition of a bankrupt physician’s membership interests in a Texas facility pursuant to a 363 sale.
Represented an investor group in connection with the purchase of a bankrupt hospice operator. The sale was consummated through a structured dismissal of the bankruptcy case and a post-dismissal of sale closing.
Represented the buyer of a rural hospital out of chapter 11 in Alabama, pursuant to a 363 bankruptcy sale.
Represented Key Rehabilitation, a physical therapy company with operations throughout the South and Midwest, in its chapter 11 bankruptcy proceedings.
Represented the nonprofit hospital Carraway Methodist Health Systems and several of its affiliates in chapter 11 bankruptcy proceedings. Creditor claims totaled over $140 million. Approximately seven weeks after the filing date, obtained court approval of the sale of substantially all the debtors’ assets, which preserved more than 1,000 local jobs. Within approximately eight months of the bankruptcy filing, obtained confirmation of a chapter 11 plan of liquidation.
Represented the buyer of nonprofit hospital Carraway Methodist in winding down the hospital’s operation under bankruptcy court supervision and liquidating its assets in a chapter 11 proceeding.
Corporate and health care counsel to Carecorps Management, which owned and operated 13 affiliated skilled nursing and assisted living facilities, in its Mississippi bankruptcy proceedings.
Represented a comprehensive care retirement community in out-of-court financial restructuring negotiations and in successful defense of a secondary lender’s efforts to have a receiver appointed over the borrower’s and primary lender’s objection.
Represented a financially distressed medical imaging business in a negotiated, friendly foreclosure sale of imaging facilities to a publicly-traded healthcare company.
Represented a national medical software company in various restructuring, bankruptcy, and collection matters with distressed community hospital clients.
Represented a publicly-traded ambulatory surgical services company in the chapter 11 bankruptcy of a medical equipment services company filed in Texas.
Represented a national bank in an out-of-court workout of a $10 million letter of credit facility with a distressed rural hospital, resulting in a full release of the letter of credit without any loss to the bank.
Represented an indenture trustee for bonds issued for the benefit of an Alabama skilled nursing facility. Successfully obtained appointment of a receiver and obtained expedited approval of a state court receivership sale of the facility.
Represented an indenture trustee in a chapter 11 case filed in the Southern District of Georgia where the bonds at issue were secured by the assets of a bankrupt skilled nursing facility.
Represents a national, publicly-traded health care firm in a fraudulent transfer action brought by the holder of a $376 million consent judgment against the firm’s former subsidiary.
Represented a national, publicly-traded heath care company in the collection of a $2.9 billion judgment against its former CEO.
Represents a regional healthcare facility in defense of multi-million dollar swap litigation in the Lehman Brothers bankruptcy pending in the Southern District of New York.
Negotiated bankruptcy terms related to National Mortgage Settlement on behalf of residential, mortgage servicing companies.
Advised residential, mortgage servicing companies on bankruptcy-specific policies, procedures, and processes necessary to ensure compliance with National Mortgage Settlement, as tested by the appointed monitor.
Drafted or revised bankruptcy-specific training manuals and training modules for residential, mortgage servicing companies.
Revised residential, mortgage servicing company[ies]'bankruptcy-related correspondence with customers to ensure compliance with applicable statutes, regulations, and National Mortgage Settlement-related servicing standards.
Conducted on-site reviews of third party vendors providing bankruptcy services to clients.
Advised clients and revised procedures related to bankruptcy escrow compliance issues.
Advised clients and created procedures and jurisdictional guidelines related to court-ordered bankruptcy loss mitigation programs.
Counseled clients with respect to loan level bankruptcy remediation projects.
Represented J.A. Jones Construction Company, an international construction firm, and 57 of its subsidiaries in their chapter 11 cases filed in North Carolina. Within 11 months of the bankruptcy filing, obtained confirmation of two chapter 11 plans that ratified a dozen major asset transactions and numerous smaller sales. The process netted over $1 billion in total consideration, eliminated another $1 billion in contingent liabilities under the firm’s surety bonds, and saved the jobs of over 97 percent of the firm’s 7,000 employees.
Served as chapter 7 bankruptcy trustee for one of Tennessee’s largest construction companies. Supervised the completion of pending construction projects as well as the liquidation of the company's equipment and accounts, including termination of the pension plan, termination of the health care plan, the completion of pending contracts, the litigation of preference claims, the allowance of unsecured claims and the distribution of proceeds to allowed claims.
Represented and led bank group in coordinated UCC sales of substantially all assets of a construction services business on a going concern basis to third party buyer.
Represented bondholders in creditors’ action obtaining emergency appointment of receiver over assisted living/memory care facility in Alabama.
Represented bondholders in obtaining court appointment of receiver over two assisted living/memory care facilities in Florida, acquisition of the facilities at receivership sale, and subsequent re-sale of the facilities post-receivership.
Represented secured lender in workout of two separate loan facilities to related borrowers/owners/operators of assisted living/memory care communities in Florida.
Represented secured lender in workout of loan to assisted living/memory care facility in Florida.
Represented court-appointed receiver in receivership and stalking horse sale proceedings involving three assisted living/memory care facilities in Texas.