Matters

Distressed Health Care Engagements

  • Buckingham Senior Living Community (“Buckingham”): After a failed Chapter 11 CCRC restructuring, represented the private purchaser in the acquisition of substantially all of Buckingham’s assets for approximately $116 million.
  • Amsterdam House CCRC (“Harborside”): After a failed Chapter 11 CCRC restructuring (and a subsequent failed Chapter “22” sale process), represented white knight private purchaser in the acquisition of substantially all CCRC assets for approximately $86 million. 
  • Evangelical Retirement Homes of Greater Chicago, Inc. (“Friendship Village of Schaumburg”): Debtor counsel to CCRC in Chapter 11 case in Illinois with over $110 million in prepetition bond debt (2023).
  • Northwest Senior Housing Corporation (“Edgemere”): Lead debtor counsel to CCRC in Chapter 11 case in Texas with over $110 million in bond debt that was sold for approximately $48 million, secured $145 million in repayment of resident claims in successful restructuring case, and counsel to trust responsible for distributions and litigation with landlord (2022).
  • The Prospect-Woodward Home (“Hillside Village”): Lead debtor counsel to CCRC in Chapter 11 case in New Hampshire with over $65 million in debt that was sold for approximately $33 million in cash and $30 million in assumed liabilities for residency agreements (2021).
  • Abri Health Care Services: Lead debtor counsel to operator of 22 skilled nursing facilities that filed subchapter V bankruptcy in Texas. After successfully resolving significant dispute with its largest landlord, successfully confirmed a fully consensual plan of reorganization.
  • Balance Point LLC and MECTA Corporation: Lead debtor counsel to medical device manufacturer in Subchapter V Chapter 11 case in Delaware that successfully resolved multiple tort litigation matters and reorganized the business (2021).
  • Senior Care Centers: Lead debtor counsel to operator of 100 skilled nursing facilities with assisted living and rehabilitation operations in Texas. Divested approximately 75 facilities to new operators while in bankruptcy and successfully confirmed a plan of reorganization around remaining facilities.
  • Clare Oaks: Lead debtor counsel to CCRC in Illinois. After exploring a sale process, successfully confirmed Chapter 11 plan by restructuring bond debt to less than half of prepetition bond debt (a reduction of over $45 million).
  • EBH Topco: Lead debtor counsel to behavioral health company (Elements Behavioral Health/Promises) in Delaware. Successfully sold operations as a going concern in Chapter 11 and confirmed liquidating plan. 
  • Friendship Village of Mill Creek: Counsel to prepetition sponsor of CCRC that filed bankruptcy in Illinois. Prepetition sponsor served as stalking horse for $53.8 million and successfully retained its pre-bankruptcy interests through joint plan of reorganization with community using multiple bond facilities as exit financing at nearly 50% of the prepetition bond debt.
  • Erickson Retirement Communities: Debtor counsel to nation's largest developer of CCRCs in Texas bankruptcy and resolved over $2 billion in debt in their successful sale process under Chapter 11.
  • Solid Landings Behavioral Health: Represented stalking horse purchaser in Chapter 11 of addiction recovery centers.
  • Represented Texas-based hospital system in wind down of ambulatory surgery center.
  • Represented investors in skilled nursing facilities in out-of-court restructuring of secured creditor obligations.

Debtor Engagements (Non Health Care)

  • Salt Life Apparel/Delta Apparel: Lead debtor counsel to a public international apparel company that liquidated various brands and operations in Chapter 11 through multiple asset sales totaling approximately $57 million.
  • Dermtech, Inc. – Section 363 buyer counsel for substantially all of assets of diagnostic tech maker, Dermtech, a publicly company that previously had a $2 billion market cap, and counsel to successor entity.
  • Ensequence: Lead debtor counsel to television advertising technology company in its successful sale pursuant to a plan in its Chapter 11 bankruptcy case in Delaware.
  • The Original Soupman: Lead debtor counsel to consumer packaged goods manufacturer of Seinfeld fame in Chapter 11 sale of substantially all assets through an auction.
  • Alexander Gallo Holdings: Lead debtor counsel to a large legal services company that liquidated in Chapter 11 with a sale to Bayside Capital for approximately $110 million.
  • Globe Metallurgical: Lead debtor counsel to the largest manufacturer of ferrosilicon in restructuring of secured obligations and obtained exit financing in successful Chapter 11 reorganization.
  • Delaware bankruptcy counsel and conflicts counsel to Affirmative Insurance Holdings Company in its Chapter 11 bankruptcy case.

Lender/Plan Sponsor Engagements

  • PrimaLend Capital Partners (“PrimaLend’): Represented purchaser of loan participations in subprime auto lending matter. Fought a contested trial against creditors disputing that loan participations were true sales. Court issued ruling that was a complete victory for our client.
  • Watchtower Firearms (“Watchtower”): Represented prepetition creditor and equity holder who served as DIP lender and purchaser of substantially all of the assets of a Texas firearms manufacturer.
  • Tintri, LLC: Represented lender to hardware company in its successful sale in its Chapter 11 bankruptcy case. 
  • Represented hedge fund in multiple transactions providing financing to law firms and plaintiffs seeking potential financing.
  • Represented real estate investor who acquired prepetition secured debt and successfully confirmed lender-sponsored plan over objections of debtor, lender, taxing authorities and other creditors.
  • Represented international lending group on all phases of evaluation of restructuring risks, control of restructuring process, and security on an $800 million loan portfolio.
  • Represented secured mezzanine lenders in the restructuring of senior debt and conversion of mezzanine debt to reorganized debtor equity as plan sponsor.
  • Represented publicly owned construction company in acquisition of companies and assets as plan sponsor or bidder in several Chapter 11 cases.

General Creditor Engagements

  • Represented asbestos trust sponsor in litigation strategy to investigate potential fraudulent filings.
  • Represented the Federal Deposit Insurance Corporation in approximately ten holding company bankruptcy cases, including Washington Mutual, Colonial Bank, Taylor Bean & Whitaker, Ocala Funding and Platinum Community Bank.
  • Representing several domestic and international clients regarding issues arising in Madoff and MF Global bankruptcy proceedings.