Representation of one of three petitioning creditors who were members of a bank group owed approximately $328 million (in principal) by a Nevada real estate development, South Edge.
Majestic Liquor Stores, Inc. Chapter 11 Lender Representation
Representation of the senior secured lender in the Majestic Liquor Stores, Inc.’s and affiliated Chapter 11 cases filed in the United States Bankruptcy Court in Fort Worth, Texas. The case involved protracted litigation between the lender and Majestic. Haynes and Boone developed a successful strategy, which included the filing of a motion to terminate exclusivity and a proposed plan to merge Majestic into one of its competitors. The firm's strategy and tactics led to the confirmation of a plan of reorganization that resulted in the sale of Majestic into the same competitor proposed by the Haynes and Boone team.
Representation of a national bank in its workout and collections efforts regarding agricultural loans throughout Texas and the Southwest. We work to protect our client’s interests in all possible venues and situations involving troubled debtors, including bankruptcies, out-of-court workouts and restructurings, and state court collections litigation.
Innkeepers USA Trust
Representation of Midland Loan Services, the special servicer for an $825 million mortgage debt, in the Chapter 11 case of InnkeepersUSA Trust. Innkeepers' attempt to enter into a plan support agreement regarding a debt-for-equity swap was defeated. Midland's efforts resulted in the properties being placed on the market and a substantial increase in creditor recoveries.
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.
Representation of certain first and second lien lenders in the Chapter 11 case of this cable, phone and internet provider, formerly known as Millennium Digital Media Capital, LLC, which filed for bankruptcy in Delaware in January 2009.
Amcast Industrial Corp.
Representation of the agent for the secured lenders who are owed approximately $110 million in the out-of-court restructuring negotiations of this automotive supplier.
Represented the senior secured lenders with nearly $300 million of exposure in this highly contested Chapter 11 case in Nashville, Tennessee. The case involved the proper standard for interest on over-secured creditors’ claims in a Chapter 11 case.
Represented the largest term lender in the out-of-court restructuring of the debt and equity of this manufacturer of structured building materials.
Represent the indenture trustee on behalf of the secured bondholders who are owed approximately $40 million in the Chapter 11 case of this lumber company pending in Chicago, Illinois.
Represented a term lender in this Chapter 11 case in Delaware.
General Wireless, Inc.
Represented $50 million unsecured creditor Hyundai Electronics America (HYNIX) in the Chapter 11 case of a wireless telecommunications company that acquired its licenses from the FCC in the highly controversial C-block auctions.
Represented HealthVest, a real estate investment trust, as the largest secured creditor of a public chain of psychiatric and rehabilitation hospitals, in which our attorneys defended litigation seeking to unwind over $200 million in sale-leaseback transactions, and in which we ultimately proposed and obtained confirmation of a plan transferring ownership of the debtors to HealthVest.
Lincoln Properties, Vantage Properties, and Trammell Crow
Represented the major secured creditor in connection with the restructure of these major real estate organizations.
Represented the major secured creditor and DIP lender in the Chapter 11 case in Dallas involving the operator of the retail chain Babbages.
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.
Moll Industries, Inc.
Representation of the agent for the secured lenders in the Chapter 11 case of this plastics injection molding company pending in Delaware, including the negotiation of the use of cash collateral and the sale of a substantial portion of the debtors' business. The lenders are owed in excess of $70 million.
Galey & Lord
Represent the term agent for the bank group in the Chapter 11 case of this textile company pending in Atlanta, Georgia. The bank group is owed approximately $130 million.
Represent the secured lenders and DIP lenders in the Chapter 11 case of this plastic injection molding company pending in Canton, Ohio. The secured lenders and DIP lenders are owed approximately $165 million.
Representation of Administrative Agent in connection with restructuring of, and collection efforts and enforcement actions with respect to, multiple joint venture financings.
Brazos Valley Energy, LP
Represented ABN AMRO in its capacity as the agent for the bank group in this Chapter 11 case. The bank group held a secured claim in the approximate amount of $150 million.
Sterling Affiliates Ltd.
Represented CIT Group/Business Credit, Inc. in connection with its secured claim in the Chapter 11 cases of this manufacturer of telephone poles and cell phone towers and its affiliated companies.
Represented Volvo Finance as a major secured creditor and lessor in the bankruptcy case of this nationwide trucking company filed in Dallas, Texas.
Represented the senior lender in connection with the restructure of this chain of assisted living facilities.
WCI Communities, Inc.
Representation of lender, as Administrative Agent, in connection with amendments to the $500 million pre-petition revolving line of credit for WCI Communities, Inc. and its related affiliates and subsequent representation of the lender in connection with a $150 million syndicated debtor-in-possession lending facility to WCI. In addition, the firm represented the lender in connection with the negotiation, documentation, and consummation of WCI’s plan of reorganization and exit facilities.
Represented bank as the senior secured lender in the Chapter 11 case of this independent oil and gas company filed in Corpus Christi, Texas.