Bankruptcy & Restructuring

Representative Matters

Counsel to agent for secured lenders on New Source Energy Partners L.P., an oil and gas company, transaction

Counsel to agent for senior secured lenders on CCNG Energy Partners, L.P., an oilfield waste disposal company, transaction

Counsel to Global Cloud Xchange, a data communications service and terrestrial networks provider, in connection with the company’s prepackaged chapter 11 restructuring

Counsel to secured term loan lender on Aerogroup International Inc., a retailer of women's footwear, transaction

M&A representation of Balboa Retail Partners, LLC in connection with the purchase of certain real estate assets

M&A representation of Gordon Brothers Retail Partners, LLC and Hilco Merchant Resources, LLC in connection with certain asset purchases and store closing sales

Breach of Loan Agreements in Restructuring

Representation of a provider of marketing logistics, fulfillment services and supply chain management solutions in commercial litigation where minority lenders assert loan agreement breach following the restructuring of the company.

Counsel to Cross Harbor as First Mortgagee and Successful Acquirer of Spanish Peaks Ski Resort

Counsel to Cross Harbor as first mortgagee and successful acquirer of a major Montana ski resort in the Spanish Peaks case. The representation included a successful challenge to a lease to an insider tenant that encumbered the acquired property through litigation that was ultimately resolved by the United States Court of Appeals for the Ninth Circuit in a case of first impression to that Court.

Representation of Gordon Brother Brands in Financings

Representation of Gordon Brothers Brands in financings, workouts and exercise of remedies involving retail brands and intellectual property assets.

Restructuring Counsel for Marketing Logistics Provider in Negotiations with Creditors, Litigation, and Merger Transaction

Lead restructuring counsel in representation of a provider of marketing logistics, fulfillment services and supply chain management solutions, including negotiations with creditors, litigation with minority lenders, and merger transaction.

Restructuring Counsel for National Food Services Organization

Lead restructuring counsel in representation of Accent Food Services and affiliates, a national operation, in negotiations with creditors and restructurings, including consensual strict foreclosure and wind down.

Successful Restructuring of Outstanding Indebtedness, Equity Ownership, and Corporate Governance for Physical Therapy Provider

Lead counsel in representation of a leading regional health services provider with 250+ physical and occupational therapy clinics in the successful restructuring of the company’s outstanding indebtedness and equity ownership, new equity investment, corporate governance, and related general corporate matters, lease negotiations, settlements with employees and roll-over equity holders.

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.

Victor Oolitic Stone Company Chapter 11 Bankruptcy

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.

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 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.