Cases
Experience: Municipal Restructuring: Representation of the Puerto Rico Electric Power Authority, the Puerto Rico Aqueduct
Sewer Authority
the Puerto Rico Fiscal Agency
Financial Advisory Authority in connection with restructuring in excess of $14 billion of debt under PROMESA.
Representation of City of Hartford, as restructuring counsel.
Representation of the USVI, with respect to its public pensions.
Bond Debt Restructuring: Representation of U.S. Bank, as Indenture Trustee, with respect to $35 million in defaulted bonds, in bankruptcy of Issuer, Parkview at Hollybrook (an ALF in Texas). Supervised bankruptcy aspects of this deal, resulting in a successful
competitive bankruptcy auction, returning in excess of $20 million to bondholders.
Representation of Indenture Trustee, with respect to $300 million in corporate bonds,
as member of the Creditors' Committee, in Chapter 11 case filed by Atherogenics, which operated a clinical stage drug development program for its lead antioxidant
anti-inflammatory drug c
idate, AGI-1067.
Representation of Indenture Trustee with respect to bond indebtedness in excess of $50 million, with respect to the Chapter 11 bankruptcy cases of a debtor engaged in the business of owning
developing real estate in a 400-acre project in Polk County, Florida, known as the Victor Posner City Center. . The mixed-use development, designed to include retail, commercial
residential buildings, was financed by community development district bonds to fund the infrastructure improvements.
Representation of Indenture Trustee for secured noteholders, in Chapter 11 bankruptcy of Greater Miami Neighborhoods, a low-income housing debtor, which sold the properties in the bankruptcy
paid the bonds in full.
Representation of Bank of New York as Indenture Trustee on behalf of secured bondholders in Chapter 11 bankruptcy of Sun Coast Hospital.
Representation of Indenture Trustee with respect to bond indebtedness in excess of $71 million, with respect to the Chapter 11 bankruptcy cases of a developer holding in excess of 120 acres of l
in Miami, financed by community development district bonds to fund the infrastructure improvements.
Representation of Indenture Trustee with respect to 11 bond issuances, with aggregate bond indebtedness in excess of $106 million, with respect to Chapter 11 bankruptcy of a master planned residential community comprised of nearly 4,000 zoned acres of l
in Naples, Florida, financed by community development district bonds to fund the infrastructure improvements.
Municipal Finance/Tax Exempt Bonds: Representation of the Public Finance Authority (PFA) in its issuance of $457,586,979 of revenue bonds for the purpose of financing the costs associated with the reconstruction of the Interstate 285
State Road 400 Improvement Project ( Project ) located in Fulton
DeKalb Counties in Georgia. The Georgia Department of Transportation ( Georgia DOT ) issued an official Notice to Proceed to North Perimeter Contractors, LLC, ( NPC ) for the purpose of undertaking the project pursuant to a design, build,
finance agreement.
Representation of Basic Water Company SPE I, LLC, in connection with the issuance of $25 million of water delivery revenue bonds.
Hospitality Industry Bankruptcies: Representation of lender on a $197 million mortgage loan, with respect to Chapter 11 bankruptcy of the borrower, owner of a 65-acre golf resort hotel
beach club commonly known as the Sawgrass Marriott Resort in Ponte Vedra, Florida. Lender acquired title to the resort through the bankruptcy proceeding.
Representation of lender with respect to $70 million mortgage loan secured by two commonly owned hotels, the Miami Airport Mart Hotel
the Sheraton Orl
o Downtown, in Chapter 11 bankruptcy proceeding for the hotels.
Representation of Chapter 11 Trustee for Debtor/owner
operator of hotel/apartment complex. Case included sale of commercial/residential property for approximately $30 million within 120 days of appointment
confirmation of a plan which provided a 100% return to creditors
a substantial return to equity.
Representation of lender on a $119 million mortgage loan with respect to the Chapter 11 bankruptcy of the borrowers, owners of a hotel, two condominium projects, tax credits
some l
, in San Juan, Puerto Rico.
Representation of secured lenders on $800 million revolving credit facility, with respect to Chapter 11 bankruptcy of the borrower, Fontainebleau Las Vegas,
related litigation.
Representation of Hilton Hotels in Chapter 11 bankruptcy of Sunterra Corporation
successfully obtained assumption of various trademark, licensing
management contracts.
Creditor Committee Representations: Representation of Official Committee of Unsecured Creditors in the Chapter 11 case of Bunkers International, Inc., involving a worldwide bunkering operation with over $500 million in revenues in 2014, which took a sharp drop in 2015 based in part upon the significant drop in oil prices.
Representation of Official Committee of Unsecured Creditors in health care bankruptcy with in excess of $50 million in unsecured debt, which provided a distribution of 90% to unsecured creditors.
Representation of Official Committee of Unsecured Creditors in bankruptcy of large funeral home chain
assisted unsecured creditors in obtaining $1 million carve-out within the first two weeks of retention.
Representation of Official Committee of Unsecured Creditors in Chapter 11 case of stalled power plant project
assisted unsecured creditors in obtaining a distribution in excess of 30% of their claim amounts.
Representation of Official Committee of Unsecured Creditors in Chapter 11 reorganization of $500 million trucking company
Committee represented interests of more than $100 million in unsecured claimants.
Bankruptcy & Restructuring: Representation of owner
plan sponsor in the Chapter 11 bankruptcy of PGA Flyover, LLC, owner of a 15.738-acre parcel of l
, which is developed with a mixed-use development known as PGA Professional
Design Center.
Representation of telephone system service provider in Chapter 11 bankruptcy of ILD, a billing
collection company.
Representation of fleet vehicle lessor in Chapter 11 bankruptcy of Ace car rental licensee.
Representation of secured lender with respect to defaulted $32 million loan on a luxury apartment building in Naples, Florida. Obtained dismissal of case within 90 days of the filing.
Representation of GE as secured mortgage lender owed $38 million on three of Bill Heard's dealership properties, in Chapter 11 bankruptcy of Bill Heard Enterprises, one of the largest dealers of General Motors vehicles in the country.
Representation of Chapter 7 Trustee for a large banking corporation, returning over $300 million to creditors from proceeds of litigation settlements with Federal Deposit Insurance Corporation
liquidation of other assets.
Representation of Textron Financial Corporation as secured lender in Chapter 11 bankruptcy of retail appliance stores.
Representation of New Horizons Computer Learning Centers, Inc. as franchisor in serial bankruptcy filings by former franchisee after termination
successfully obtained stay relief to enforce termination obligations.
Representation of debtors, indenture trustees, secured
unsecured creditors, trustees
other interested parties in all phases of workout
bankruptcy proceedings, including pre-packaged Chapter 11 plans, state receivership proceedings
adversary proceedings.
Purchase
Sale of Assets of Financially Distressed Companies: Representation of secured lender in connection with Chapter 11 sale of franchised Church's Chicken restaurants with the secured lender receiving almost all of the sale proceeds.
Representation of franchisor in Chapter 11 bankruptcy of Burger King franchisee group, in which restaurants
franchise agreements were sold to an approved franchisee,
franchisor received full payment of all outst
ing obligations (in excess of $2 million).
Creditor/Debtor Rights: Representation of Bartlett Dairy in connection with pension/union issues,
in connection with municipal contract
antitrust claim.
Representation of Seaboard Uruguay, in insolvency of Ceroil, as to which Seaboard is a 45% minority partner. Overseeing bankruptcy/insolvency aspects of this deal, pending in Uruguay.
Commercial Litigation: Experience as trial counsel in adversary proceedings
contested matters involving valuation, plan feasibility, fraudulent conversions, claims objections
allowance, turnover,
breach of contract.
