As Buyer's Counsel in Distressed Situations, Essex Crane Rental Corp. (supplier of crane rental and lifting services)
Corporate Restructuring & Bankruptcy
Leaders
Corporate Restructuring & Bankruptcy
Director
Corporate Restructuring & Bankruptcy
Clark Hill’s national Bankruptcy & Restructuring team is recognized for high-quality, effective legal solutions in business reorganizations and insolvency-related matters. We represent parties in bankruptcy and other judicial proceedings, as well as in out-of-court workouts across the country, including business debtors and borrowers, unsecured creditors' committees, lenders and other secured parties, bondholders, vendors and trade creditors, asset purchasers, insurance carriers, landlords, equipment lessors, liquidating agents, and individual stakeholders.
Integrity, honesty, creativity, and undeniable experience are the hallmarks of our practice. We are straight-forward counselors who know how to make deals, as well as what to fight for and what does not ultimately matter. Our team is skilled in managing the crises and fast pace associated with insolvency events.
Our firm does not take a one-size-fits-all approach to guide clients through the reorganization, workout, or liquidation process. Instead, we seek to understand each client’s business, industry, and end game. Combined with pragmatism and a deep bench of legal acumen, we develop and implement tailored solutions to support going-concern viability or, in a liquidation scenario, the highest and best recovery for creditors.
Our attorneys are committed to achieving the right balance between the aggressive pursuit of value and cost-effectiveness. We maintain a substantial network of contacts and other valuable resources, including lenders, investors, investment bankers, financial consultants, real estate consultants, and liquidation specialists. We work seamlessly with our litigation, corporate and securities, banking, tax, and real estate groups to address insolvency-related issues from a practical, fee-sensitive approach. No matter where our clients are seated at the negotiating table, they are assured we will analyze the situation appropriately and take all necessary steps to safeguard their interests.
Our clients include an array of business enterprises involved in the automotive, manufacturing, retail, food, hospitality, telecommunications, aviation, energy, oil and gas, banking and finance, insurance, technology and software, healthcare, transportation and logistics, real estate and print industries. We represent Fortune 200 companies, large and middle-market businesses, and international businesses with a focus on Europe, Mexico, and Latin America.
Experience
Represented various single asset real estate debtors operating hotels, extended-stay facilities, apartment complexes, self-storage facilities, medical complexes, and commercial centers to obtain significant principal reductions of secured debt, substantially reduced interest rates, and/or extended repayment terms
Represented rapid transit operator in successfully restructuring $650 million of state-sponsored conduit bond financing
Represented debtors, creditors, trustees, and bidders in Section 363 sales, as well as sales accomplished through confirmed plans of reorganization
Represented liquidating trustees in the recovery and disposal of estate assets, and the prosecution of avoidance actions
Represented a casino/hotel operator in its successful pre-packaged bankruptcy resulting in the reduction of the long-term debt from $225 Million to $67 Million
In re RHC/Spacemaster Corporation - represented the fourth largest manufacturer in the back-room shelving industry with annual revenues exceeding $200 million.
In re Livemercial Aviation Holding LLC - represented this aviation holding company in Chapter 11.
In re Fleming Packaging - represented this leading manufacturer of pressure-sensitive labels catering to the wine and spirits industries with annual revenues of $60 million.
In re Purely Cotton, Inc.- represented the unsecured creditors committee for this start-up manufacturer of cotton-based tissue paper. Negotiated for the sale of intellectual property to an identified strategic buyer and created a fund to make an initial distribution in excess of 25% to the unsecured creditors.
In re Pheasant Run Apartments, LP - represented this 190 unit apartment complex in Chapter 11 case.
In re Castle Cheese - representing pre-petition and DIP lender owed in excess of $7 MM.
In re Telco Services - represented this manufacturer of communication transmission enclosures, with annual revenues of $200 million per year.
In re Nedwick Steel Company/ American Steel Works - represented this specialty steel manufacturer.
Achieved 100% recovery of principal balance of under-secured, non-performing multi-million dollar commercial loan in rare Chapter 12 farm bankruptcy
In re PMB Hydra Screw, Inc. - represented the secured lender with a blanket lien on all assets to secure a $3.0MM claim in this chapter 11 bankruptcy case.
Homeplace of Am., Inc. v. Salton, Inc. (In re Waccamaw’s Homeplace), 325 B.R. 524 (Bankr. D. Del. 2005). Defended a manufacturer in a $3.5 Million preference action in a week-long trial in the Bankruptcy Court for the District of Delaware
In re Browns Chicken & Pasta - represented unsecured creditors committee in this regional fast food franchiser bankruptcy.
In re Sparrer Sausage Co., Inc. - represents unsecured creditors committee in the bankruptcy of manufacturing company, which liquidated its assets under section 363 of the bankruptcy code.
In re Ventilex, USA - represented unsecured creditors committee. Debtor was the sales division of a foreign manufacturer. Negotiated settlement that ended 3-year dispute and obtained sizable dividend for creditors.
In re Bernadette Business Forms, Inc. - represented unsecured creditors committee in bankruptcy of manufacturer of business paper products.
In re John Hubler Nissan - represented Nissan North America in this chapter 11 bankruptcy case.
In re Proven Methods Seminars - represented the unsecured creditors committee. Plan was confirmed 10 months after the case was filed. Creditors received a 70% dividend and waiver of all avoidance actions.
In re Duraco Products, Inc. - represented pre-petition and DIP secured lender in a $5.0MM facility.
In re Not Really, et. al. - represented pre-petition and DIP lender owed in excess of $10.0 MM.
In re Pasteurized Eggs - represented the ad hoc Equity Committee. The principal asset of the company was its technology to pasteurize raw eggs.
Represented the publisher of nationally known magazine in an out of court debt restructuring.
Nissan Motor Acceptance Corp. v. Gold Coast Infiniti - represented Nissan Motor Acceptance Corp., the floor plan lender.
In re Belvidere Bay LLC - represented the secured lender in this single asset chapter 11 real estate case.
Representing numerous residential home builders in restructuring their secured and unsecured debt obligations owed to numerous separate lending institutions with aggregate debt in excess of $400,000,000.
Represented the buyers of assets of My Child’s Room (furniture store); In re Media Copy, Inc. (video reproduction company); In re Future Media, Inc. (video reproduction company); In re Rickel Home Centers (chain of home improvement stores); In re Archibald Candy Company (Fannie May Candy Company) (prospective buyer); In re United Homes (land and home developer) (prospective buyer); In re Lake Shore Mazda (automobile dealership); In re Ben Franklin, Inc. (craft stores); In re H.I. Schaumburg Investment (200+ room Holiday Inn); In re Nanoink (technology company); represented assignee for benefit of creditors (seller) in Power Plate North America (international manufacturer and distributor of specialty exercise equipment).
In re Edgewater Medical Center - represented the unsecured creditors committee. Negotiated a carve-out for unsecured creditors even though the secured creditor was not paid in full.
In re AppleIllinois - serves as chairman of the unsecured creditors committee. Debtor is owner of 34 Applebee franchises.
In Re Label Systems Inc. - represented unsecured creditors committee. Obtained 100% dividend for all creditors within six months of being retained.
Counsel to the Unsecured Creditors' Committee in the Chapter 11 case Cadence Innovation, LLC, pending in Delaware, involving a Tier 1 automotive supplier with consolidated annual revenues of approximately $750 million
Counsel to the Unsecured Creditors' Committee in the Chapter 11 case Greektown Holdings, LLC, involving a casino and hotel complex with annual revenues in excess of $300 million
Counsel to several automotive suppliers in the Motors Liquidation Company (f/k/a General Motors Corporation), Old Carco LLC (f/k/a Chrysler LLC), and DPH Holdings Corporation (f/k/a Delphi Corporation) Chapter 11 cases
Counsel to the Official Committee of Unsecured Creditors in the Chapter 11 case Greektown Holdings LLC, involving a hotel and casino gaming complex with annual revenues of approximately $300 million
Counsel to a large not-for-profit community mental health services corporation in the successful out of court restructuring of its secured and unsecured indebtedness
Counsel to the Debtor in the Chapter 11 case Edgewood Villas, involving a bond-financed low-income multifamily apartment complex
Counsel to the Litigation Trustee of the Greektown Litigation Trust in the prosecution of a multi-million dollar fraudulent transfer action
Counsel to the Liquidating Trustee in the Chapter 11 case Plastech Engineered Products, Inc., in connection with the liquidation of a Tier 1 automotive supplier which had annual revenues of approximately $1.4 billion
Counsel to the Trustee of the Greektown Distribution Trust, a trust established to reconcile unsecured claims and distribute $10 Million in accordance with the terms of the joint plans of reorganization confirmed in the Greektown Holdings, LLC Chapter 11 case
Counsel to several large Tier 1 automotive suppliers in the troubled supplier cases of General Motors Corporation (New York, N.Y.), Dura Automotive, Inc. (Wilmington, Del.), Delphi Corporation (New York, N.Y.), among others
Counsel to the Unsecured Creditors' Committee and the Liquidating Trustee in the Chapter 11 case Plastech Engineered Products, Inc., involving a Tier 1 automotive supplier with annual revenues of approximately $1.4 billion
Special Restructuring Counsel to the Detroit Retirement Systems in connection with the City of Detroit’s financial and operational restructuring and Chapter 9 bankruptcy proceedings
Represented a national leasing company in the restructuring of a defaulted commercial lease transaction with a hospital, which included adding its parent company as a corporate guarantor and resolving commercial landlord/tenant issues
Defended a steel company in an adversary proceeding in bankruptcy court in Ohio. The case included claims of preferences and alleged sales to a related company at below market prices. Resulted in a settlement in which the steel company was paid by the debtor most of the claimed debts. (W.D. Pa.)
Represented financial institutions and other creditors in mortgage foreclosure, replevin and deficiency judgment actions (largest mortgage foreclosure action was for $120 Million)
Represented several leasing companies in a complex fraud-based scheme in a chapter 11 bankruptcy case, with competing secured claims and fraudulent transfers and avoidance claims
Represented clients in adversary proceedings in United States Bankruptcy Courts in the Commonwealth of Pennsylvania, the State of West Virginia, and throughout the country to challenge dischargeability generally, or with respect to a particular debt.
Represented clients in connection with opposition to removal of state court litigation to district court, based on diversity jurisdiction and bankruptcy jurisdiction.
Represented an internationally known beverage corporation and certain of its affiliates in a complex chapter 11 bankruptcy case, resulting in the dismissal of the fraudulent transfer claims and settlement of the remaining avoidance claims for less than 5% of the total claim amount
Represented financial institution in connection with appeal to the Pennsylvania Superior Court relative to judgment in mortgage foreclosure, and successfully achieved affirmation of lower court's judgment in favor of client.
Reviewed commercial loan documentation and advised financial institutions and other lenders with respect to default issues and remedies
Counsel to the agent in connection with an approximately $41,000,000 debtor-in-possession financing of the Chapter 11 bankruptcy of a steel storage systems manufacturer that involved the roll-up of the syndicate's pre-petition debt and the negotiation of a consensual, orderly liquidation of the debtor's domestic and foreign assets with the committee of unsecured creditors and a junior secured creditor
Represented financial institutions and other creditors in confession of judgment actions against borrowers and guarantors of debt.
Defended financial institutions in adversary proceedings relative to "predatory lending" actions, arising out of the Truth in Lending Act, the Pennsylvania Unfair Trade Practices and Consumer Protection Law, and the Homeowners Protection Act.
Represented and/or defended financial institutions and other creditors in confession of judgment actions and actions to strike and/or open confessed judgments
Represented a national financial institution in a litigation and bankruptcy proceedings against a printing company, resulting in close to 100% recovery of the outstanding debt
Participated personally and telephonically in over 200 hearings in United States Bankruptcy Courts in the Commonwealth of Pennsylvania, the State of West Virginia, and throughout the country, on behalf of national banking associations, financial and lending institutions, and corporations. Hearings involved, among other matters, motions/objections for utilization of cash collateral, motions for relief from the automatic stay, motions for payment of administrative expenses, motions to compel assumption, and rejection of executory contracts.
Represented clients in bankruptcy matters generally, including defending preference actions, pursuing reclamation claims, and contracts (including supply contracts)
Representation of the administrative agent for the senior secured lender group in the Chapter 11 case of a steel manufacturer that involved the orderly liquidation of the company’s major steel-making components and obtaining court approval for the $40,000,000 sale of the company’s primary assets over the objections of an alternative purchaser.
Represented purchasers of assets from Chapter 11 Debtor estates
Representations include commercial real estate and asset based lending transactions
Representation of a national nursing home and assisted living facility operator in its Chapter 11 reorganization case. Assisted the company in its lease divesture program, and aided in the negotiation and formulation of a structured settlement in the United States government related to a claim of Medicaid-Medicare underpayment liability, both of which were integral to the company’s successful reorganization efforts.
Counsel to the agent in connection with an approximately $41,000,000 debtor-in-possession financing of the Chapter 11 bankruptcy of a steel storage systems manufacturer that involved the roll-up of the syndicate's pre-petition debt and the negotiation of a consensual, orderly liquidation of the debtor's domestic and foreign assets with the committee of unsecured creditors and a junior secured creditor.
Represented clients in connection with appeal to the Bankruptcy Appellate Panel for the Sixth Circuit.
Defended financial institutions in litigation brought to open or strike confessed judgments.
Represented financial institutions in the assignment and buyout of commercial paper
Bankruptcy and Financial Restructuring Litigation - Represented bond trustee in bankruptcy of debt service obligor.
Bankruptcy and Financial Restructuring Litigation - Reported bankruptcy-related decisions include the following: In re Monsour Medical Center, 11 B.R. 1014 (Bankr. W.D. Pa. 1981), aff’g, 8 B.R. 606 (Bankr W.D. 1981); In re Grimes Furniture, Inc., 47 B.R. 68, 12 Collier Bankr. Cas. 2d 193 (Bankr. W.D. Pa. 1985); In re Chateaugay Corp. 86 B.R. 40 (Bankr. S. D. N. Y 1988); In re I.D. Craig Service Corp. No. 89-00640, 1993 Bankr. Lexis 886 (Bankr. W.D. Pa. 1993); In re I.D. Craig Service Corp. 125 B.R. 453 (Bankr. W.D. Pa. 1991); In re I.D. Craig Service Corp. 118 B.R. 335, 20 Bankr. Ct. Dec. 1597 (Bankr. W.D. Pa. 1990); In re Clark Grind & Polish, Inc. 137 B.R. 172 (Bankr. W.D. Pa._1992) In re Passodelis, 234 B.R. 52, 41 Collier Bankr. Cas. 2d 1757 (Bankr. W.D. Pa. 1999).
Represented financial institutions and other creditors in mortgage foreclosure proceedings, replevin actions, deficiency judgment actions and all facets of court supervised executions against personal and real property.
Represented creditors in lawsuit commencing involuntary bankruptcy proceeding against debtor
Represented secured creditors in connection with UCC Article 9 rights, including foreclosure and disposition of collateral subject to security interests
Representation of a Fortune 500 Company and 50% shareholder of Pittsburgh Corning Corporation in Chapter 11 bankruptcy of Pittsburgh Corning Corporation, filed primarily as a result of asbestos liabilities of Pittsburgh Corning Corporation
Sought removal and transfer of all mass tort litigation cases pending against for-profit corporate client to the United States District Court for the Western District of Pennsylvania.
Litigated and/or settled numerous preference claims on behalf of various for-profit corporate clients.
Represented a Fortune 500 company in seeking removal and transfer of all mass tort litigation cases pending against corporation to the Western District of Pennsylvania
Negotiated and documented numerous forbearance or standstill agreements for financial institutions, national banking associations and lenders.
Represented creditors in connection with asset sales outside of bankruptcy.
Representation of a major telecommunications company in the largest Chapter 11 bankruptcy case commenced in the United States. Among other things, assisted the company's efforts to secure various forms of emergency relief upon the filing of its bankruptcy case and advised corporate executives in resolving the myriad crises the company faced during the initial stages of its reorganization.
Represented financial institutions in connection with domestication and execution on foreign judgments in the Commonwealth of Pennsylvania, as well as other states throughout the country.
Represent a national financial institution in a complex chapter 11 bankruptcy case involving a paper distributor in cash collateral hearings, plan formation and related bankruptcy issues
Represented financial institutions and lenders in connection with Uniform Commercial Code private and public sales of personal property, including inventory, customer or client lists, machinery and equipment and accounts receivable.
Represented financial institutions and other lenders in the negotiation and documentation of credit facilities and forbearance agreements
Represented franchisors in franchisee bankruptcy proceedings, including enforcement of and assumption/rejection of franchise agreement
Worked with corporate client in multimillion dollar asset purchase of medical hospitals in a Chapter 11 bankruptcy proceeding.
Represented client in bankruptcy removal and transfer proceeding under 11 U.S.C. §1452, successfully overcoming a remand motion and defeating objections to a motion to transfer a Pennsylvania state court litigation to the United States Bankruptcy Court for the Eastern District of Missouri; See Hohl v. Bastian, 279 B.R. 165 (W.D. Pa. 2002).
Bankruptcy and Financial Restructuring Litigation - Enforced rights of creditor corporations and other business organizations with respect to federal bankruptcy and state insolvency/receivership proceedings in Bankruptcy Courts, United States District Courts, United States Courts of Appeals, and state courts in various regions of the country.
Defeated on summary judgment million dollar claim by U.S. bankruptcy trustee attempting to strip bank of collateral lien in securities accounts
Represented financial institutions and finance companies in matters pertaining to cash collateral agreements, relief from stay litigation, plan negotiations, plan confirmation issues and objections, "cramdown" actions, including valuation issues, proof of claim litigation, preference and fraudulent transfer litigation
Represented secured creditors in connection with 11 U.S.C. §506(c) "cramdown" actions.
Represented Indenture Trustee in Chapter 11 case resulting in full repayment of obligations arising under bond indenture
Represented clients in appeals to the Bankruptcy Appellate Panel for the Sixth Circuit, the U.S. Court of Appeals for the Third Circuit and the U.S. Court of Appeals for the Fourth Circuit
Represented judgment creditors in executions against personal and real property
Represented financial institutions and other creditors in mortgage foreclosure proceedings, replevin actions, deficiency judgment actions and all facets of court supervised executions against personal and real property.
Participated on Unsecured Creditor Committees on behalf of for-profit corporate clients.
Bankruptcy and Financial Restructuring Litigation - Tried/argued bankruptcy cases on behalf of creditors in U.S. District Courts in the Western, Middle and Eastern Districts of Pennsylvania; Southern District of New York; Northern District of Illinois; and Second and Third Circuit United States Courts of Appeal.
