Stakeholders in complex insolvency and corporate restructuring matters are represented by Schwabe.

Experience

  • Served as general counsel and litigation counsel to the Federal Equity Receiver who was tasked with marshaling and preserving assets, operating receivership entities, assessing and marketing businesses for sale, pursuing and defending lawsuits, and assessing the validity of claims made against an estate. (SEC vs. Aequitas Management, LLC)
  • Counseled the Yellowstone Club during its Montana Chapter 11 case to a successful reorganization, including subordinating the senior secured creditor, allowing unsecured creditors to be paid in full.
  • Represented the Official Committee of Unsecured Creditors in the TC Global (Tully’s Coffee) Chapter 11 matter, which resulted in a lucrative auction of the company’s assets for the benefit of creditors.
  • Assisted the founder and largest creditor of Conenza, Inc. in acquiring the company, preserving its going concern value and saving company contracts and the employees’ jobs.
  • Represented a creditor in the Lehman Brothers’ bankruptcy in a case involving complex legal issues relating to the characterization of swaps under bankruptcy laws.
  • Represented a guarantor of $180 million of leases in a very large New York bankruptcy, successfully arguing that the debtor’s treatment of the leases violated the due process clause of the United States Constitution.
  • Successfully represented a steel products manufacturer in a Chapter 11 bankruptcy in the District of Delaware, including multiple trials concerning the sales of assets and complex issues concerning credit bidding in a bankruptcy auction.
  • Counseled various creditors in defense of preferential transfers and other avoidance actions in state and federal courts in receiverships, Chapter 7 bankruptcies, and Chapter 11 bankruptcies.

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