Cases
Experience: Corporate Trust Services: Representation of indenture trustee
holders of $53 million of debt securities issued to construct a bio-mass power plant in East Texas, including litigation
appeals relating to lien priorities
state constitutional claims against the power plant assets.
Representation of indenture trustee of $24 million of debt securities to construct a sports complex in Minnesota.
Representation of trustee in the formation
administration of qualified settlement funds.
Representation of trustee in formation
administration of various liquidating trusts established to monetize settlement payments, limited partnership assets, corporate tax refunds,
other assets.
Representation of indenture trustee in municipal bond default relating to private educational institution, including creating liquidating trust to monetize real estate collateral for the benefit of bondholders.
Representation of indenture trustee in municipal bond default relating to senior housing facility
worked with company
bondholders to implement out-of-court, consensual monetization plan that resulted in payment in full of all bond obligations.
Representation of indenture trustee in municipal bond default relating to senior housing facility
worked with company
bondholders to devise consensual plan for remedying defaults.
Representation of bond trustee
master trustee for holders of $194 million of debt securities issued by a hospital system, coordinating efforts with bondholders,
liquidity providers on a competing plan of reorganization, resulting in sale of hospital facilities
repayment in full of all bond
credit obligations.
Fraud Remediation
Asset Recovery: Representation of trustee in investigation, out-of-court restructuring,
monetization of illiquid trust assets stemming from $300 million fraud.
Representation of chapter 7 trustee in pursuit of claims against former officers
directors, secured lender,
merger partner relating to the fraudulent seizure of the debtor's assets, resulting in payment in full of all creditor claims.
Representation of trustee in offensive litigation in the Delaware Court of Chancery relating to a complex fraud in ownership
sale of business
obtained $55 million preliminary injunction.
Representation of chapter 7 trustee in investigation of officer, director,
insider fraud claims.
Bankruptcy
Restructuring: Representation of trustee in cross-border restructuring of $300 million in senior secured corporate notes involving Australian scheme proceeding
U.S. chapter 15 filing.
Representation of secured lenders in connection with defaults under $60 million credit facility
equipment finance arrangement with an oilfield services company.
Representation of chapter 7 trustee in pursuing $30 million in preferential transfers relating to national products distribution company.
Representation of secured lender in restructuring
paydown of $30 million credit facility relating to multiple retail locations.
Representation of secured lender in $30 million credit facility to commercial farming operation in restructuring of loan
taking additional security (including wetl
credits) through state-law mediation.
Representation of creditor constituency in monetizing a vineyard
distillery assets connected with a fraudulent ownership scheme.
Representation of the Official Committee of Unsecured Creditors in the Antioch Companies/Creative Memories chapter 11 bankruptcy case, confirming creditor plan of liquidation resulted in a recovery of more than 45 percent for general unsecured creditors.
Representation of equipment lessors with claims exceeding $8 million in chapter 11 bankruptcy
obtained order authorizing administrative expenses for debtors' continued equipment use.
Representation of the Official Committee of Unsecured Creditors in the Distribution Dynamics Chapter 11 bankruptcy case, confirming creditor plan of liquidation pursuing more than 800 preferential transfers
commenced more than 200 adversary proceedings to recover assets for unsecured creditors, resulting in a significant distribution to unsecured creditors.
Representation of an international company regarding assumption
assignment of an exclusivity agreement arising from the sale of a commodity brokerage business, including multiple litigation claims in the New York
Minnesota state
federal courts.
Representation of offshore collateral agent to a Middle Eastern power plant. Administered claims
rights of senior lenders in the United Kingdom
India with a $2 billion claim in the Enron bankruptcy cases.
Pro Bono
Community Activities: Representation of minor in state court proceeding for termination of parental rights.
Representation of non-profit youth soccer association in third party dispute regarding termination of various operational agreements.
The above representations were h
led by Mr. Fisco prior to his joining Greenberg Traurig, LLP.
