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Representative Matters

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.

Gordon Brothers Group Acquisition of Wet Seal Brand and Related IP Assets

Representation of Gordon Brothers Group in connection with its successful acquisition of the Wet Seal brand and related intellectual property assets in the Chapter 11 case.

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).

Cross-Border Out-of-Court Balance Sheet Restructuring

Designer, manufacturer and distributor of home décor in cross-border out-of-court balance sheet restructuring. Company contributed operating assets to new subsidiary, reduced long term debt by more than 50%, converted subordinated debt to equity, reduced legacy retirement obligations by 50% and improved liquidity to help stabilize and grow operations.

Commercial Borrowers in Asset-Based Loan Facilities

Commercial borrowers in connection with asset-based loan facilities including a national manufacturer, distributor and retailer of ice cream products, a national jewelry wholesaler and retailer, and a national women’s wear and accessory designer, manufacturer and retailer. 

Lehman Brothers Bankruptcy-Related Matters

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

Official Committees of Unsecured Creditors in Chapter 11 Cases

Official Committees of Unsecured Creditors in the Chapter 11 cases of Elephant & Castle, Arthur D. Little, Inc., Diomed Inc., Parks Corporation, USM Corporation, Whistler Corporation, CSA, Inc., Martha’s Vineyard Hospital, Inc., National Fish & Seafood, Inc., Cambex Corporation and Thinking Machines Corporation.

Asset Acquisition of Biopure Corporation

OPK, a Russian fund, in acquisition of substantially all of the assets of Biopure Corporation in its chapter 11 case.

Restructuring of Multi-Family Portfolio

Starwood Capital as plan sponsor in $500M Chapter 11 restructuring of multi-family portfolio owned by PJ Finance Company LLC.

Liquidating Trustee in Chapter 11 Reorganization

Liquidating Trustee in a multi-billion dollar Chapter 11 reorganization of MSR Resort Golf Course LLC and its affiliates.

Lender Representation in Bankruptcy-Related Matters

Lenders in workouts, foreclosures, loan purchases and sales, receiverships and bankruptcies involving operating companies, condominium construction loans, assisted living facilities, multi-family and commercial properties in multiple jurisdictions.

Lenders and Borrower Representation in Bankruptcy Matters

Lenders and borrowers in commercial mortgage-backed securitization (CMBS) transactions, single purpose entity structures, substantive non-consolidation opinions and workouts and foreclosures in multiple jurisdictions.

Shopping Center Landlords in Chapter 11 Cases

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.

Office Landlords in Bankruptcy Cases

Office landlords in bankruptcy cases of Cengage Learning Inc., Digital Broadband Communications, Inc., EC Cubed, Inc., The Finova Group, Inc., General Motors Corporation, Genuity Solutions, Inc., Howrey LLP, HQ Global Workplaces, Inc., LandAmerica Financial Group, Inc., Lightsquared, Inc., Metromedia Fiber Network, Inc., Nortel Networks, Inc., Pinpoint Corporation, Teligent, Inc., Thelen LLP, USG Corporation, Washington Group International, Inc., Winstar Communications, Inc., WorldCom, Inc. and XO Communications, Inc.