RT Jedburg v. American LaFrance LLC
On appeal to federal district court in Delaware, obtained ruling striking liquidated damages provision resulting in take-nothing judgment on $8 million post-confirmation bankruptcy claim related to lease dispute.
$250 Million Senior Secured Credit Facility
Represented E&P company as borrower under a $250 million credit facility entered into in connection with the company's refinancing of existing indebtedness and recapitalization.
Bosque Power Company, LLC
Representation of Prepetition Agent and Working Group of Lenders in the 2010 Chapter 11 of Bosque Power Co LLC and its affiliates. The Texas-based electricity generation company borrowed approximately $410 million in January 2008 in part to fund a conversion of two of its combustion turbines. The Prepetition Agent and the Working Group of Lenders terminated the exclusivity period and confirmed a plan of reorganization in the fall of 2010.
TXCO Resources - Newfield Exploration Co.
Representation of Newfield Exploration Co. in purchase of assets in the Maverick Basin of Southwest Texas from TXCO Resources Inc., a San Antonio-based oil and natural gas exploration and development company. Newfield and the Anadarko Petroleum Company purchased substantially all the assets of TXCO for $310 million pursuant to an order of the United States Bankruptcy Court for the Western District of Texas.
The Penn Traffic Company - Chapter 11
Representation of The Penn Traffic Company and its subsidiaries in their Chapter 11 cases in the Delaware bankruptcy court. At filing, Penn Traffic owned and operated 79 supermarkets in the northeast part of the United States, and had total debt exceeding $250 million and annual revenues approaching $900 million. Following a spirited marketing and sale process, debtors sold substantially all their assets to TOPS Markets, LLC.
National Benevolent Association of the Christian Church Disciples of Christ
Our attorneys represented the Creditors’ Committee in this case. After significant litigation, the Creditors’ Committee obtained authority from the court to run a marketing process for this not-for-profit corporation operating senior care living facilities in 10 different states. The debtor had total indebtedness in excess of $250 million. The marketing process, sponsored by the Creditors’ Committee, yielded proceeds sufficient to pay all creditors in full, in cash, plus interest to the date of payment.
American LaFrance Corporation
Represented American LaFrance in its Chapter 11 case in Delaware. The case involved the re-negotiation of substantial vendor and lessor relationships and resulted in American LaFrance's successful reorganization.
Lothian Oil Company
Represented this privately held oil and gas exploration and production company in its Chapter 11 case in the bankruptcy court in San Antonio, Texas.
Custom Forest Prod., Ltd., Case No. 06-50059, W.D. Tex.
Representation of the Liquidating Plan Trustee in pursuit of preference claims and as counsel concerning issues arising in the prosecution by special litigation counsel of noncore fraudulent transfer and business tort claims incident to the failure of the business.
$1.4+ Billion Loan Restructuring - Spectrum Brands, Inc.
Represents the administrative agent in connection with the restructuring of the term loans provided to a global multi-product conglomerate company, including the collateralization thereof and the coordination with the other creditor constituencies in the Chapter 11 bankruptcy case.
Mineral Title Dispute
Represented buyer of oil and gas roylaties company in mineral title dispute in McMullen County, Texas.
Camp Cooley, Ltd.
Representation of lender in the complex Chapter 11 case Camp Cooley, Ltd in the Western District of Texas. The case required the firm to litigate disputed complex issues involving producing and nonproducing minerals, federal and state wetlands and mitigation banking regulations, surface and underground water regulations, timber rights, and operations and valuation disputes involving Camp Cooley’s cattle, genetics, and hay production operations. The lender’s claim against Camp Cooley exceeded $25 million secured by Camp Cooley’s real estate and minerals assets. After a six-day confirmation trial, the firm successfully blocked confirmation of Camp Cooley's proposed plan of reorganization over the lender's objection. Thereafter, the firm negotiated a global settlement on behalf of the lender with Camp Cooley and a second secured creditor that provided for the orderly liquidation of the Camp Cooley assets through a Section 363 sale process.