Business Reorganizations and Workouts

We represent Debtors, Creditors, Creditors’ Committees, and Trustees, and we handle Chapter 11, Subchapter 5, Chapter 7, Chapter 9, and Chapter 15 (International) bankruptcies.

Our attorneys’ experience and representative matters cover almost every industry and a wide array of legal controversies and strategic counsel, including the following:

  • Extensive expertise – both substantive and procedural – in bankruptcy cases (including asset sales, chapter 11 plans, and creditors’ committees) and related adversary proceedings (including preference and fraudulent defense and intellectual property related litigation);
  • In-depth understanding, both from a legal and a business perspective, of the issues faced by debtors, creditors and/or other parties in connection with a bankruptcy filing;
  • Extensive experience with the relevant players involved in a bankruptcy case, including the Bankruptcy Courts, the Office of The United States Trustee, Official Creditors’ Committees, and other counsel and financial advisers;
  • An ability to quickly and effectively assess and respond to a client’s needs with respect to any bankruptcy-related issues; and
  • A commitment to providing result-oriented and cost-effective legal representation.

Matter List

The following is a representative list of transactions/matters for which our attorneys are either presently engaged, or have previously been engaged during the course of their careers at LimNexus and their prior law firms.

  • Ascena Retail Group: Counsel to several trade/vendor creditors (domestic and international) in the nationally recognized chapter 11 case.
  • Seadrill Limited: Counsel to one of the largest creditors and co-chair to the unsecured creditors’ committee in the complex, cross-border restructuring of one of the world’s largest offshore oil drilling companies.
  • Forever21: Counsel to a large trade creditor and member of the unsecured creditors’ committee in the nationally recognized chapter 11 case.
  • Chino Holdings (J. Crew): Counsel to one of the largest international trade creditors and member of the unsecured creditors’ committee in the nationally recognized chapter 11 case.
  • True Religion: Counsel to the largest retail trade creditor and co-chair to the unsecured creditors’ committee in the nationally recognized chapter 11 case.
  • J. C. Penney: Counsel to several international vendor creditors in the nationally recognized chapter 11 case.
  • Lucky Brand: Counsel to one of the largest retail trade creditors and member of the unsecured creditors’ committee in the nationally recognized chapter 11 case.
  • Destination Maternity: Counsel to one of the largest retail trade creditors and co-chair to the unsecured creditors’ committee in the nationally recognized chapter 11 case.
  • Z Gallerie, LLC: Counsel to a large administrative trade creditor in the nationally recognized retail case.
  • Woodbridge: Successfully formed, over litigated opposition, a court-approved noteholder victim committee that represented $750 million of the $1.2 billion invested by victims of the Woodbridge Ponzi scheme, in the Woodbridge Delaware chapter 11 cases, and led the noteholder committee in negotiating the chapter 11 plan terms confirmed by the bankruptcy court.
  • Katy Industries: Led the representation of the Official Creditors’ Committee, in which a successful sale and Committee-led chapter 11 plan confirmation was achieved.
  • Aerospace Holdings: Served as primary counsel to the official creditors’ committee, successfully securing a material settlement for the general unsecured creditors and funding for a Chapter 11 exit.
  • Halt Medical Inc.: Served as lead counsel to the debtor in its Delaware chapter 11 case, in its restructuring of more than $150 million in debt and acquisition by a private equity joint venture, and the successful confirmation of its chapter 11 plan.
  • Sundevil Power Holdings: Represented the debtors in their $260 million chapter 11 restructuring, which involved securing approval for a $45 million debtor-in-possession facility and the company’s sale.
  • In re Cardinal Homes, Inc.:Counsel to trade vendor and chair of unsecured creditors’ committee.
  • In re Toys “R” Us, Inc.: Co-counsel to agent and collateral trustee for TRU Taj noteholders in $375 million DIP facility to debtors’ Asian and European subsidiaries.
  • In re A Southern Season, Inc.: Counsel to debtors’ CEO and CFO in litigation with chapter 7 trustee.
  • Davis v. Kentucky Insurance Guaranty Assoc.: Counsel to guaranty association and insurance regulator in successful defense of $50 million turnover action concerning debtors’ workers’ compensation obligations.
  • In re Penn Virginia Corp.: Co-counsel to unsecured creditors’ committee in chapter 11 cases of oil and gas producers in restructuring of $1.1 billion in prepetition debt.
  • In re Alpha Natural Resources, Inc.: Co-counsel to asset purchaser in chapter 11 §363 sale of debtors’ natural gas assets.
  • In re Morris Schneider Wittstadt Va., PLLC: Counsel to professional liability insurance carrier in chapter 11 bankruptcy of national law firm.
  • In re Patriot Coal: Counsel to asset purchaser acquiring substantially all assets of coal companies via chapter 11 plan sale and post-confirmation litigation, including enforcement of plan injunction.
  • Compass Chemical International, Inc. v. Failon: Counsel to judgment creditor in obtaining summary judgment on nondischargeability adversary complaint via collateral estoppel, affirmed by Fourth Circuit Court of Appeals.
  • In re River City Renaissance Counsel to chapter 11 debtors in §363 sale of multi-family housing portfolio backed by approximately $40 million in CMBS loans.
  • La Bella Donna Skin Care, Inc. v. Harton: Counsel to judgment creditor in obtaining summary judgment on nondischargeability adversary complaint via collateral estoppel.
  • In re Virginia United Methodist Homes of Williamsburg, Inc.: Counsel to sponsor, debtor-in-possession lender, and exit-finance lender in chapter 11 reorganization of retirement community with $133 million in prepetition debt.
  • Palmdale Hills Property, LLC: Counsel to chapter 11 liquidating trustee related to twenty-six jointly administered cases involving numerous parties, including SunCal and its financial partner Lehman Brothers.
  • Eliminator Custom Boats, Inc.: General bankruptcy counsel to custom boat builder in chapter 11 restructuring, including confirmation of plan of reorganization, plan negotiations with creditors’ committee, secured lender, taxing authorities and U.S. Trustee in highly contested chapter 11 proceedings.
  • Advised large media company on reorganization issues.
  • Zacky Farms, LLC: Counsel to purchaser of substantially all of the assets of the estate.
  • Chapter 11 debtors’ counsel to several large developers of residential real estate projects in Arizona, California, and Nevada, including confirmation of their respective plans of reorganization.
  • General bankruptcy counsel to hotel and condominium unit project in Northern California.
  • PG&E: Counsel to municipal creditor.
  • Counsel to Boeing in numerous preference and chapter 5 avoidance adversary proceedings, as well as other related creditor rights issues, in numerous airline and airline-related bankruptcy cases.
  • Counsel to leading utility in numerous preference and chapter 5 avoidance adversary proceedings.
  • Successful defense of $50 million preference and fraudulent transfer avoidance action brought by liquidating trustee of bankrupt wholesale electrical power trader.
  • Preserved creditor’s $5.4 million claim against a bankruptcy estate by successfully opposing a party’s motion to disallow the claim.
  • Represented community bank in debtor’s bad faith chapter 11 bankruptcy, obtaining emergency order dismissing the bankruptcy with 180-day bar to re-filing, which permitted the bank to foreclose on its collateral expeditiously.
  • Represented secured creditor in debtor’s chapter 11 bankruptcy, defeating debtor’s motion to obtain post-petition financing secured by a priming lien with priority over the creditor’s deed of trust on debtor’s real property after several days of trial regarding feasibility of debtor’s proposed real estate development project.
  • Represented chapter 7 trustee in fraudulent transfer action against transferee of debtor’s multi-million dollar jewelry collection, obtaining summary judgment in client’s favor which was upheld by the Bankruptcy Appellate Panel and the Ninth Circuit on appeal.
  • Represented US subsidiary of a foreign computer manufacturer as the debtor-in-possession in a multi-billion dollar chapter 11 proceeding and successfully litigated against a global IT company which was the Chair of the Creditors’ Committee. The case involved filing of chapter 15, which was the first ever in the country.
  • Represented numerous financial institutions in various bankruptcy proceedings to obtain relief from automatic stay and other remedies for creditor clients to enforce creditors’ rights.

Attorneys: Sung Jin Hwang, David Nealy

Related Practice Areas:

Print Friendly, PDF & Email