Bankruptcy and Restructuring

Representative Experience

• Represent a national family of insurance companies in numerous bankruptcy litigation and agency‑related matters across the country.
• Represent numerous public pension plans and employee retirement systems across the country in significant fraudulent transfer litigation and in other Chapter 11 bankruptcy matters.
• Represent many financial institutions and lenders and investors in pursuing creditors’ rights and remedies, foreclosures and receiverships, and in other bankruptcy litigation matters.
• Represented and guided numerous companies through the Chapter 11 process resulting in successful reorganizations or sales of assets.  Examples include White Energy, Inc., a $400 million multi-state ethanol producer, in its Chapter 11 bankruptcy proceedings in the District of Delaware, successfully resulting in a confirmed restructuring plan, and Akron Thermal, a utility provider of steam, hot water and chilled water.
• Represented William L. West, as Custodial Trustee of the EP Custodial Trust in the In re Eagle Picher Holdings Inc. Chapter 11 bankruptcy to oversee the clean‑up and sale of contaminated real property held in trust.
• Lead counsel to mezzanine lender in connection with the bankruptcy proceedings of a former franchisee of a chain of fast casual restaurants. Litigated issues include claims of former franchisor related to post-termination rights and attempted sale of assets to mezzanine lender. Decision on these issues is reported at In re Flour City Bagels, LLC, 2016 WL 4595487 (Bankr. W.D.N.Y., Sep. 2, 2016).