James F. Wallack

James F. Wallack

+1 617 574 4107
James F. Wallack

Representative Matters

Joint Venture Acquisition of Large Hotel Portfolio out of Chapter 11

Representation of a joint venture seeking to acquire a large portfolio of hotel properties out of a Chapter 11 proceeding.

CrossHarbor Capital Spanish Peaks Holdings II LLC Litigation

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.  The lease litigation involved appeals up to the United States Court of Appeals for the Ninth Circuit, resulting in a favorable decision for CrossHarbor on an issue of first impression as to when a sale of property can be free and clear of leasehold interests.

Costco Acquisition of Real Property from Princeton Office Park

Representation of Costco in its successful acquisition of real property from Princeton Office Park, L.P. in its Chapter 11 case filed in New Jersey.

Richard A. Smith Family Shareholder, Purchaser and Operator for General Cinemas Theatres

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.

GMAC Creditor in The Education Resources Institute Case

Counsel to GMAC as a creditor in The Education Resources Institute case in the District of Massachusetts

W/S Discount Acquisition LLC Disposition

Representation of W/S Discount Acquisition LLC in successful disposition of all of Caldor Corporation’s leases and owned real estate.

Official Committees of Unsecured Creditors Chapter 11 Reorganizations of Organogenesis Inc.

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.

Omni Facility Services, Inc. and Thirteen Affiliated Debtors Disposition

Lead bankruptcy counsel for Omni Facility Services, Inc. and thirteen affiliated debtors in the successful disposition of their businesses.

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.

Special Debtor-in-Possession Counsel for Tweeter Home Entertainment Group

Special debtor-in-possession counsel for Tweeter Home Entertainment Group, Inc.

Michael Macateer Chapter 15 Bankruptcy Proceedings

Counsel for Michael Macateer, in his capacity as court-appointed Irish liquidator and foreign representative of Bedminster International Limited, in Chapter 15 bankruptcy proceedings pending in the District of Massachusetts.

CRG Partners Retentions

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.

Twitchell Corporation Sale of Assets

Counsel to Twitchell Corporation in the sale of substantially all of its assets to Twitchell Technical Products, LLC.

Codman Square Neighborhood Development Corporation Acquisition and Preservation of Affordable Housing Properties

Pro bono representation of Codman Square Neighborhood Development Corporation in its successful acquisition and preservation of affordable housing properties in the Uwagboe O. Uru-Lawrence bankruptcy case in the District of Massachusetts.

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 Acquisition and Disposition of Ben Sherman Group Assets

Representation of Gordon Brothers Group in its successful acquisition and disposition of assets from the United States operations of Ben Sherman Group.

Eastern Outfitters LLC Chapter 11 Bankruptcy Cases

Representation of six landlords in the Chapter 11 bankruptcy cases of Eastern Outfitters LLC in the Delaware bankruptcy court.  Four leases were assumed pursuant to negotiated lease amendments, the other two were rejected.

Canadian Retailer Leases Acquisitions in Chapter 11 Bankruptcy Proceedings

Representation of Canadian retailer in connection with its bid to acquire leases from Aeropostale, Inc. in its Chapter 11 bankruptcy proceedings in the Southern District of New York.

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.

Betsey Johnson LLC Assets Sale and Disposition in Chapter 11 Proceedings

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.

National Private Equity Firm Distressed Portfolio Companies

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.

Nulife Glass Negotiations, Dispositions and Ray Tube Materials Disposal

Representation of Nulife Glass in the wind down of its business, including negotiations with creditors, asset dispositions, and the disposal of cathode ray tube materials it had acquired.

Calypso St. Barth Retail Leases Restructuring and Rent Deferral Program

Representation of Calypso St. Barth in the restructuring of its retail leases and implementation of a rent deferral program.

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