Moore & Van Allen Law Firm, Attorneys

MVA Experience- Bankruptcy & Financial Restructuring- Bankruptcy

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MVA Experience- Bankruptcy & Financial Restructuring- Bankruptcy

Representative Bankruptcy matters include:

Lenders

  • AeroThrust Corporation (Del.): Representation of agent in a senior secured lending facility with a borrower in the aircraft engine leasing, sales and repair industry.
  • Arch Aluminum & Glass Co. (S.D. Fla.): Representation of agent in a senior secured lending facility with aluminum and glass manufacturer and distributor.
  • Centennial Healthcare Corporation (N.D. Ga.): Representation of co-agent for syndicate of lenders with over $220 million of loan and synthetic lease exposure in bankruptcy involving multi-state nursing home company, including negotiation of confirmed liquidating chapter 11 plan.
  • Crescent Resources, LLC (W.D. Tex.): Assist with the representation of administrative agent in an approximately $1.5 billion syndicated facility and $110 million debtor in possession financing facility in chapter 11 bankruptcy cases of a large real estate developer and its affiliates.
  • Crown Pacific L.P. (Ariz.): Representation of agent for syndicate of lenders with $200 million in exposure in negotiating confirmed creditors' plan for debtor timber company. Prepetition, negotiated major restructure involving significant additional collateral coverage, $78 million pay-down and resolution of difficult intercreditor issues with private placement note holders holding $250 million of senior debt.
  • DBSI, Inc. (Del.): Representation of secured lender with over $66 million of secured claims against real property in five states.
  • Delta Air Lines, Inc. (S.D.N.Y.), Northwest Airlines, Inc. (S.D. N.Y.), UAL Corporation (N.D. Ill.) and U.S. Airways Group, Inc. I & II (E.D. Va.): Representation of hub airport with claims arising from leases, landing fees and bond financing.
  • Den-Mark Construction, Inc. (E.D.N.C.): Representation of secured construction lender in connection with approximately $14 million of exposure to home builder in chapter 11 proceedings.
  • Flying J, Inc. (Del.): Representation of secured lender in chapter 11 bankruptcy case of a large fuel refiner and retailer and its subsidiaries.
  • Hendricks Furniture Group, LLC (W.D.N.C.): Representation of senior secured lender with approximately $28 million of exposure in connection with chapter 11 proceedings of North Carolina furniture retailer, resulting in consensual plan of reorganization.
  • Interlake Material Handling, Inc. (Del.): Representation of subordinated secured lender in bankruptcy case of industrial shelving manufacturer and installer.
  • Mammoth Grading Inc. (E.D.N.C.): Representation of equipment lessor in the chapter 7 bankruptcy case of a grading and construction company.
  • Meadowcraft, Inc. (N.D. Ala.): Representation of senior lenders in successful chapter 11 bankruptcy where senior debt was consensually restructured.
  • Mercedes Homes, Inc. (S.D. Fla.): Representation of agent for lenders that extended over $155 million of senior secured financing to real estate developer that emerged from chapter 11 with a confirmed plan negotiated with, and supported by, senior lenders.
  • Mesa Air Group, Inc. (S.D.N.Y.): Representation of lessors for multiple aircraft in connection with regional airline’s chapter 11 proceedings.
  • Pike Nursery Holding, LLC (N.D. Ga.): Representation of agent in senior secured lending facility with nursery plant companies.
  • Qimonda Richmond, LLC (Del.): Representation of indenture trustee for loan participants that extended over $150 million in leveraged lease equipment financing in connection with lease to semiconductor manufacturer.
  • Railworks Corporation (Md.): Representation of agent for lender syndicate holding $200 million in prepetition debt in rail contractor’s chapter 11 bankruptcy proceeding. Representation included the negotiation of complex five-facility DIP credit arrangements with debtor and its surety as well as plan of reorganization, which was confirmed.
  • Representation of Landlords and Lessors: Assist with treatment of unexpired real and personal property leases in tenants' bankruptcy cares. Representations include:
    • Hancock Fabrics, Inc. (Del.)
    • KB Toys, Inc., et al. (Del.)
    • Movie Gallery, Inc. (E.D. Va.)
  • Silver State Helicopters (Nev.): Representation of lender with $30 million secured claim in complex chapter 7 bankruptcy of nationwide helicopter flight training school.
  • Smith Mining & Materials, LLC (W.D. Ky.): Representation of senior secured lender with $14 million of exposure in chapter 11 case of multi-state mining company.
  • TransCare Corporation (S.D.N.Y.): Representation of senior secured lender with $65 million of prepetition exposure to Manhattan ambulance company in connection with confirmed prepackaged debt-for-equity chapter 11 plan.
  • U.S. Airways Group, Inc. I & II (E.D. Va.): Representation of hub airport with claims arising from leases, landing fees and bond financing.
  • U.S. Airways Group, Inc. (II) (E.D. Va.): Representation of agent for syndicate of lenders, including Air Transportation Stabilization Board, under $1 billion prepetition credit facility in connection with all facets of debtors’ bankruptcy proceedings.
  • Wood Structures, Inc. (Me.): Representation of lender with over $25 million of secured and unsecured claims in the chapter 7 bankruptcy case of a manufacturer and distributer of manufactured wood products.
Other Creditors
  • Ameritex Yarn, LLC II (M.D.N.C.): Representation of Official Committee of Unsecured Creditors, which was successful in obtaining a 100% recovery, plus interest, for unsecured creditors in involuntary chapter 11 bankruptcy.
  • NEGT Energy Trading-Power, L.P. (Md.): Representation of one of the largest creditors/chair of the Official Committee of Unsecured Creditors in connection with pursuit of claim arising under an offtake tolling agreement.
  • Prime Carolina LLC (W.D.N.C.): Representation of secured creditor in pre-bankruptcy foreclosure proceeding and preliminary injunction litigation and in stay litigation in bankruptcy case.
  • Representation of Defendants in Avoidance Actions: Defend creditors faced with preference and fraudulent transfer actions. Representations include:
    • Fabrics Estate Inc. f/k/a Propex Inc. (E.D. Tenn.)
    • Plastech Engineered Products, Inc. (E.D. Mich.)
    • Radnor Holdings Corp. (Del.)
    • TALT (Tower Automotive, Inc.) (S.D.N.Y.)
    • Tarpon Industries (E.D. Mich.)
  • Representation of Defendants in Avoidance Actions: Defend creditors faced with preference and fraudulent transfer actions. Representations include:
    • Sturgis Iron & Metal Co., Inc. (W.D. Mich.)
    • BH S&B Holdings LLC (S.D.N.Y.)
    • Rehrig International, Inc. (Del.)
  • Representation of Landlords and Lessors: Assist creditors with treatment of unexpired real and personal property leases. Representations include:
    • Circuit City Stores, Inc. (E.D. Va.)
    • Peak Fitness, LLC (W.D.N.C.)
    • Storehouse, Inc. (Va.)
  • Representation of Suppliers and Vendors: Assist creditors with recognition of their claims, including 503(b)(9) claims and reclamation claims, critical vendor status negotiations, treatment of executory contracts and general bankruptcy administration. Representations include:
    • Bi-Lo, LLC (S.C.)
    • Delphi Corporation (S.D.N.Y.)
    • General Motors Corporation (S.D.N.Y.)
    • Chrysler Group LLC (S.D.N.Y.)
    • Nortel Networks, Inc. (Del.)
    • Smurfit-Stone Container Corporation (Del.)
  • The Wood Pile, LLC (E.D.N.C.): Representation of secured creditor in restructure of real estate loans through confirmed chapter 11 plan.
  • W.R. Grace & Co. (Del.): Assist with representation of issuer of approximately $13 million letter of credit.
  • W.R. Grace & Co. (Del.): Assist with the representation of issuer of over $20 million in letters of credit to debtors.
Debtors
  • J. A. Jones, Inc. (W.D.N.C.): Local debtors’ counsel for 50 debtor entities in successful liquidation of construction businesses.
  • Nobex Corporation (Del.): Debtor’s special counsel for sale of U.S. and foreign patents and patent applications.
  • Southaven Power, LLC (W.D.N.C.): Local counsel for debtor in the successful chapter 11 bankruptcy of owner of an 800-megawatt merchant power plant.
Buyers
  • American Commercial (D. N.J.): Representation of international client in contested section 363 purchase of real estate in bankruptcy proceeding.
  • Birmingham Steel Corporation (Del.): Representation of acquirer of $600 million in assets, which were purchased through a confirmed bankruptcy plan.