Representative Matters
YM Inc. (Sales) Acquisition of Rue 21 Intellectual Property Assets
Represented Canadian retailer YM Inc. (Sales) in the acquisition of rue 21 intellectual property assets out of Chapter 11. YM Inc. (Sales) plans to open over 120 rue 21 stores in the coming months. Rue 21's financial circumstances required the transaction parties to start the process and close the sale within 30 days. The transaction required creative solutions around lease arrangements with affected landlords, reopening of stores, fixture retention, and staffing.
Atlas Resource Partners, L.P., a publicly traded exploration and production master limited partnership
Extreme Plastics Plus, Inc., an environmental containment, storage, and lining company serving the oil and gas industry
Global Cloud Xchange, a global data communications service provider and operator of one of the world's largest undersea and terrestrial fiber networks
Gordon Brothers Retail Partners, LLC and Hilco Merchant Resources, LLC in connection with certain asset purchases and store closing sales in the Aéropostale, Inc., Destination Maternity Corporation, and Lord & Taylor LLC bankruptcy cases
GT Advanced Technologies Inc., a publicly traded manufacturer and supplier of materials and equipment for the global electronics, solar, and LED industries
ONE Aviation Corporation, an aircraft researcher, developer, and manufacturer in the "very light jet" market
The official committee of unsecured creditors in the chapter 11 bankruptcy of Molycorp, Inc., a global rare earth mining and processing company
The official committee of unsecured creditors in the Commonwealth of Puerto Rico's cases under the Puerto Rico Oversight, Management, and Economic Stability Act of 2016
Vanguard Natural Resources, Inc., a publicly traded company focused on acquisition, production, and development of oil and natural gas properties
Aerogroup International Inc., a retailer of women's footwear (counsel to prepetition secured term loan lenders)
Balboa Retail Partners, LLC in connection with the purchase of certain real estate assets in Toys "R" Us Inc.'s chapter 11 bankruptcy
CCNG Energy Partners, L.P., an oilfield waste disposal company (counsel to agent to prepetition senior secured lenders)
Counsel to Global Cloud Xchange, a data communications service and terrestrial networks provider, in connection with the company’s prepackaged chapter 11 restructuring
New Source Energy Partners L.P., an oil and gas company (counsel to agent to prepetition secured lenders)
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.
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