Bankruptcy & Restructuring

Representative Matters

Nationwide General Outside Bankruptcy Counsel to Large Health Insurance Company

Goulston & Storrs acts as general outside bankruptcy counsel to Humana, Inc., a US Fortune 100 company and the nation’s 4th largest health insurance company (by revenue). In that capacity, the firm has represented Humana in connection with dozens of bankruptcy matters involving its insureds and contractual counter-parties. The representation is significant for its scope, both substantively and geographically. Goulston & Storrs represents Humana in bankruptcy cases throughout the nation, including in Delaware, Florida, Massachusetts, New York, Kentucky, Utah, Texas and Virginia on matters including: (i) defending preference and turnover claims; (ii) pursuing pre-petition, administrative and “cure” claims; and (iii) litigating stay relief motions.

Debtor-In-Possession Counsel in Chapter 11 Cases

Lead debtor-in-possession counsel in Chapter 11 cases across multiple jurisdictions for a range of companies such as Betsey Johnson LLC, Victor Oolitic Stone Company, Omni Facilities Services, Inc., Fuddruckers, Inc. and High Voltage Engineering Corporation.

Derivative Contracts in Lehman Brothers Bankruptcy Cases

Representation of multiple creditors, purchasers of mortgage-backed securities, parties to swaps and other derivative contracts in Lehman Brothers bankruptcy cases.

Edens Limited Partnership Acquisition of Majority Interest in Closter Mall

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.

Gordon Brothers Group and DJM Asset Management in Distressed Asset Transactions

Counsel to Gordon Brothers Group and DJM Asset Management in the following distressed asset transactions:  (i) the liquidation of assets and inventory of Joyce Leslie, a regional retail chain of women’s clothing in the tri-state area (New York, New Jersey and Connecticut); (ii) the disposition of all the inventory owned by Delia*s, Inc. in a joint venture with Hilco Merchant Resources (New York); (iii) the disposition of all inventory and real estate in the Fresh & Easy Neighborhood Market, Inc. case (Delaware); (iv) 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); (v) the liquidation of all inventory owned by Filene’s Basement, LLC and Syms Corp. (Delaware, in a joint venture with Hilco Merchant Resources, LLC); (vi) the successful acquisition and wind down of CompUSA, Inc.; (vii) the liquidation of underperforming assets in the Sportsman’s Warehouse chapter 11 case (Delaware); (viii) the acquisition of the right to liquidate inventory of Finlay Fine Jewelry Corporation and subsidiaries (New York); and (ix) the successful acquisition of the Wet Seal brand and related intellectual property assets.

Health Care Insurers Bankruptcy Cases

Representation of one of the nation’s largest health care insurers as creditors and stakeholders in numerous bankruptcy cases across the country.

Home Decor Company in Cross-Border Balance Sheet Restructuring

Representation of designer, manufacturer and distributor of home décor in cross-border out-of-court balance sheet restructuring. Company reduced long term debt by more than 50% and improved liquidity to help stabilize and grow operations.

Official Committees of Unsecured Creditors in Chapter 11 Cases

Representation of official committees of unsecured creditors in the Chapter 11 cases of Diomed, Inc., Arthur D. Little, Inc., Organogenesis, Inc., Parks Corporation, Cambex Corporation, Martha’s Vineyard Hospital, Inc., National Fish & Seafood, Inc., Thinking Machines Corporation, Whistler Corporation and USM Corporation.

PLR IP Holdings Acquisition of Interests

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

Portfolio Companies of Private Equity Firms in Distress

Representation of portfolio companies of private equity firms in distressed situations around the country, including the sale of a manufacturing business with international operations, the out-of-court restructuring of a technology company, and the Chapter 11 case of the largest limestone quarry in the state of Indiana.

Shopping Center Landlords in Chapter 11 Cases

Representation of shopping center landlords in Chapter 11 cases of Aeropostale, Inc., Ames Department Stores, Inc., Bally's Total Fitness, Barney’s, Inc., Borders Group, Inc., Bob’s Stores LLC, Calumet Photographic, Inc., City Sports, Inc., Coldwater Creek, Inc., Crumbs LLC, Deb Stores Holding LLC, Discovery Zone, Inc., Draw Another Circle LLC (MovieStop), Edison Brothers Stores, Inc., EMS Operating Company LLC, Filene’s Basement, LLC, Friendly Ice Cream Corp., General Wireless Operations Inc. (RadioShack), The Great Atlantic & Pacific Tea Company, Inc. (A&P), The Gymboree Corporation, Kmart Corporation, Linens Holding Co. (Linen ‘n Things), Loehmann’s Holdings, Inc., Loews Cineplex Entertainment, Merry- Go-Round Enterprises, Inc., Montgomery Ward & Co., Inc., Old Country Buffets, Pacific Sunwear of California, Inc., Performance Sports Group (dba Bauer Hockey), RadioShack Corporation, Ritz Camera, Strawberries, Inc., Toys “R” Us, Inc., TSAWD Holdings, Inc. (Sports Authority), The Weathervane Retail Corp. and The Wet Seal LLC.

Shopping Center Owner Agreements

Representation of shopping center owners in negotiating forbearance agreements, settlement agreements, deed-in-lieu agreements and consensual foreclosures, using tax-advantageous structures in appropriate cases, with respect to commercial mortgage-backed securitized (CMBS) loans.

Special Debtor-In-Possession Counsel in Chapter 11 Cases

Special debtor-in-possession counsel in Chapter 11 cases across multiple jurisdictions for a range of companies including Hoop Holdings, LLC (dba Disney Stores), Malden Mills Industries, Inc. and Tweeter Home Entertainment Group, Inc.

Debtor-In Possession Counsel

Debtor-in possession counsel to Victor Oolitic Stone Company in its Chapter 11 bankruptcy case.

Defense of Former CEO of Chapter 11 Debtor

Successful defense of former CEO of Chapter 11 debtor from state labor law claims arising from post-petition plant closings.

Distressed Asset Transactions

Counsel to Gordon Brothers Group in various distressed asset transactions, including the disposition of all the inventory owned by Delia*s, Inc. (in a joint venture with Hilco Merchant Resources) and the liquidation of the inventory owned by Joyce Leslie, Inc.

Lead Counsel to Foreign Representative of Irish Company in its Chapter 15 Bankruptcy Case

Lead counsel to foreign representative of Irish company in its Chapter 15 bankruptcy case handled all aspects of the case, including formulating legal strategy, preparing and filing pleadings, motion practice and settlement negotiations with creditors.

Multiple Chapter 11 Reorganization Cases

Debtors in chapter 11 reorganization cases filed in Delaware, Southern District of New York and Massachusetts, including, Betsey Johnson LLC (designer, wholesaler and retailer of women’s apparel) and Fuddruckers (owner, operator and franchisor of over 200 fast casual restaurants).

Arthur D. Little, Inc. Chapter 11 Business Sale

Counsel to Arthur D. Little, Inc., a global consulting company, and its affiliates, involving the successful disposition of its business units to five separate purchasers in Chapter 11.

Bay State Paper Chapter 11 Bankruptcy Proceeding

Counsel to Bay State Paper in its Chapter 11 bankruptcy proceeding.

Bob's Stores Chapter 11 Business Sale

Counsel to Bob's Stores, a 35-store sports apparel retailer, involving the successful sale of its business in Chapter 11.

Creditors’ Committee of Biotransplant

Counsel to the official creditors’ committee of Biotransplant Inc., a biotech company, in Chapter 11.

Debtors in Magic Brands (Fuddruckers)

Representation of the Debtors in Magic Brands (Fuddruckers).

Landlords in Various Retailer Chapter 11 Cases

Representation of landlords in the Chapter 11 cases of KB Toys, Filene's Basement, Circuit City, and Ritz Camera.

Liquidation Trustee for Former Owner of Luxury Resort Properties

Counsel to the Liquidation Trustee for MS Resorts, former owner of luxury resort properties in California, Arizona, Hawaii and Florida.

National Bank Class Action Bankruptcy Litigation

Representation of a national bank in class action bankruptcy litigation.

National Lender Bankruptcy Litigation

Representation of national lender in bankruptcy litigation.

National Real Estate Developers in Bankruptcy Proceedings of Construction Company

Representation of national real estate developers in the bankruptcy proceedings of a construction company.

Official Committee of Unsecured Creditors Chapter 11 Bankruptcy of Elephant & Castle Restaurant Chain

Representation of the Official Committee of Unsecured Creditors in Chapter 11 bankruptcy of the Elephant & Castle restaurant chain.

Omni Facility Services Chapter 11 Bankruptcy Proceeding

Counsel to Omni Facility Services, Inc. and its affiliates, a commercial facility maintenance business, in their Chapter 11 bankruptcy proceeding.