Jim Wallack heads up the firm’s bankruptcy and restructuring group, with extensive experience in complex Chapter 11 reorganizations, workouts and transactions involving distressed assets. A primary focus of his practice is representation of private equity firms and their underperforming portfolio companies. Jim is also known nationally for his industry expertise involving the acquisition and disposition of troubled real estate assets and retail and consumer products companies. Recognized by Chambers USA as "brilliant and tenacious" and “one of the best lawyers in the area…A practical lawyer with a great deal of experience and wisdom who is highly respected in Court,” Mr. Wallack represents debtors-in-possession, secured lenders, unsecured creditors’ committees, investors and bankruptcy fiduciaries in bankruptcy proceedings in New England, New York and throughout the U.S.
- Representation of CrossHarbor Capital as first mortgagee and buyer in the Spanish Peaks Holdings II LLC case. Assisted CrossHarbor to acquire the debtor’s real property and to obtain the cash proceeds of the sale pursuant to its first mortgage lien, including resolving disputes with the trustee and a major construction lienholder, and successful litigation with the debtor’s insider concerning leases on the property which CH SP acquired.
- Representation of PLR IP Holdings, LLC (owner of the Polaroid brand) in an acquisition of the interests of the trustee of the Polaroid Corporation in bankruptcy proceedings in Minnesota, and counseling Gordon Brothers Group and Hilco Consumer Brands in connection with a buyout of the other partners in PLR by an affiliate of the Polaroid family.
- Lead debtor-in-possession counsel to Betsey Johnson LLC in the sale and disposition of its assets in Chapter 11 proceedings before the United States Bankruptcy Court for the Southern District of New York.
- Representation of Edens Limited Partnership (formerly Edens & Avant) in its successful acquisition of a majority interest in the Closter Mall as plan sponsor in the Irani Chapter 11 case in the District of New Jersey.
- Lead debtor-in-possession counsel for Victor Oolitic Stone Company, the largest limestone quarry in Indiana, in its chapter 11 bankruptcy case in Indianapolis and its successful 363 sale process and the asset acquisition by an affiliate of Resilience Capital Partners.
- Counsel to Gordon Brothers Group and DJM Asset Management in the following distressed asset transactions: (i) the disposition of all the inventory owned by Delia*s, Inc. in a joint venture with Hilco Merchant Resources (New York); (ii) the disposition of all inventory and real estate in the Fresh & Easy Neighborhood Market, Inc. case (Delaware); (iii) the bid to purchase inventory liquidation rights and real estate in the Loehmann’s Holdings, Inc. case in a joint venture with Hilco Merchant Resources (New York); (iv) the liquidation of all inventory owned by Filene’s Basement, LLC and Syms Corp. (Delaware, in a joint venture with Hilco Merchant Resources, LLC); (v) the successful acquisition and wind down of CompUSA, Inc.; (vi) the liquidation of underperforming assets in the Sportsman’s Warehouse chapter 11 case (Delaware); and (vii) the acquisition of the right to liquidate inventory of Finlay Fine Jewelry Corporation and subsidiaries (New York).
- Counsel to Twitchell Corporation in the sale of substantially all of its assets to Twitchell Technical Products, LLC.
- General counsel to CRG Partners in connection with their retentions in numerous turnaround matters around the country, in pursuing a fee enhancement on account of CRG’s extraordinary performance in the Pilgrim’s Pride chapter 11 reorganization in the Bankruptcy Court for the Northern District of Texas, and as a defendant in actions brought by the Antioch Company Litigation Trust in the Southern District of Ohio and by the Trustee for Solar Cosmetics, Inc. in the Southern District of Florida.
- Ongoing representation of several investors including Audax Management Company in the Bernard L. Madoff Securities bankruptcy and SIPA proceedings, including in defense of potential avoidance and disgorgement actions.
- Representation of Costco in its acquisition of real property from Princeton Office Park, L.P. in its Chapter 11 case pending in New Jersey.
- Counsel for Michael Macateer, in his capacity as court-appointed Irish liquidator and foreign representative of Bedminister International Limited, in Chapter 15 bankruptcy proceedings pending in the District of Massachusetts.
- Representation of distressed portfolio companies of a national private equity firm, including the sale of a manufacturing business with international operations, the out-of-court restructuring of a technology company, and the sale of a construction company.
- Special debtor-in-possession counsel for Tweeter Home Entertainment Group, Inc.
- Counsel to GMAC as a creditor in The Education Resources Institute case in the District of Massachusetts.
- Lead bankruptcy counsel for Omni Facility Services, Inc. and thirteen affiliated debtors in the successful disposition of their businesses.
- Representation of DJM Asset Management and Sheldon Good Auctions Northeast as lender to and exclusive auctioneer for the Trustee of New Jersey Affordable Housing Corporation.
- Representation of the Official Committees of Unsecured Creditors in the Chapter 11 reorganizations of Organogenesis Inc., Thinking Machines Corporation and Martha’s Vineyard Hospital, Inc.
- Representation of W/S Discount Acquisition LLC in successful disposition of all of Caldor Corporation’s leases and owned real estate.
- Representation of the Richard A. Smith family as the largest shareholder in, and purchaser of an investment portfolio from, the operator of General Cinemas Theatres.
Professional and Community Involvement
- Fellow, American College of Bankruptcy
- American College of Bankruptcy, Member Education Committee for the First Circuit
- Turnaround Management Association of the Northeast, Past President
- American Bankruptcy Institute
Awards and Recognition
- Martindale Hubbell Peer Review Rated AV Preeminent TM
- Best Lawyers in America, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2006-2017
- Massachusetts Super Lawyers, 2004 - 2015
- "America's Leading Business Lawyers," Chambers USA 2004-2015
- Speaker, "Executive Benefits (Supreme Court Argument)," Circuit Meeting of the American College of Bankruptcy, March 2014
- Panelist, “Views From The Bench,” NYIC/TMA Mohegan Sun Conference, May 2012
- Moderator, Municipal Insolvencies: "Is This The Next Wave?," TMA Northeast Presentation, November 2011
- Instructor, American College of Bankruptcy seminar, “Anatomy of a Distressed Business,” October 2010, April 2008, and April 2007
- Moderator, "Getting the Deal Done in Bankruptcy," TMA Northeast Presentation, November 2009
- Moderator and panelist, “Patent and Patent Applications: Unlocking their Value for the Bankruptcy Estate,” ABI Spring Meeting, April 2008
- Moderator and panelist, “Investment Strategies of the New Lenders: What the Next Round of Cases Will Look Like,” ABI Northeast Bankruptcy Conference, July 2007