RESTRUCTURING AND INSOLVENCY

The Curtis Restructuring and Insolvency group regularly advises debtors, creditors' committees, secured and unsecured creditors, financial institutions, equity owners and investors, trustees, liquidators and court-appointed fiduciaries, and foreign and domestic governmental agencies in all types of restructuring and insolvency matters both in and out of court. Curtis counsels clients in a broad array of sectors, including private equity, distressed investing, derivatives and structured financings, retail, real estate, airlines, telecommunications, energy and commodities. Curtis has developed a national reputation as the leading law firm in "conflicts counsel" engagements in large and complex Chapter 11 restructurings on both the debtor and creditors' committee sides.

The range of services provided by the group includes:

Acting as lead counsel to companies and creditors' committees in both in-court and out-of-court restructurings, reorganizations and liquidations
Acting as conflicts counsel or co-counsel for debtors and creditors' committees in major Chapter 11 engagements
Acting as bankruptcy litigation counsel in complex litigation matters in bankruptcy cases throughout the United States
Acting as counsel in cross-border restructurings and insolvencies, including under Chapter 15 of the Bankruptcy Code
Acting as counsel for the stalking horse bidder or purchaser in acquisitions and dispositions of distressed securities and business and related assets

The group's attorneys also complement our United States insolvency practice by working on matters arising out of the firm's offices in Europe and Latin America.

Representative Matters

Conflicts Counsel for Chapter 11 Debtor-In-Possession in, among other major cases: Lehman Brothers Holdings, Inc.; Charter Communications, Inc.; Star Tribune Holdings Corporation; Bally Total Fitness; Calpine Corporation; Musicland Holdings Corporation; and Northwest Airlines Chapter 11 cases.
Flextronics International as Co-chair of the official committee of unsecured creditors in the Nortel Networks, Inc. et. al. Chapter 11 cases.
Gordon Brothers Group in an out-of-court creditor composition of CompUSA, Inc.
Gordon Brothers Retail Partners in connection with its successful bid to liquidate substantially all of the assets of Whitehall Jewelers, Inc.
Gordon Brothers Retail Partners and Hilco Merchant Resources in their successful joint bid to liquidate certain assets of retail chain Steve & Barry’s.
Various private equity funds in Chapter 11 restructurings to protect equity and creditor interests as well as advising the Board of Directors of numerous companies on Chapter 11 restructuring matters.
NorthWestern Energy in connection with significant litigation relating to challenge to confirmation order and defense of alleged fraud claim and post-consumation Chapter 11 litigation and bankruptcy matters.
Equity owners of Chapter 11 debtor in connection with mass tort Chapter 11 reorganization and funding of debtor in possession financing for reorganization and exit from Chapter 11.
Wilmington Trust Company as Indenture Trustee in the Smurfit-Stone Container Corporation Chapter 11 cases.
Wilmington Trust Company as Indenture Trustee in the Winn-Dixe Chapter 11 cases with respect to US$300 million issuance.
The Co-chair of the official committee of unsecured creditors in both the Delphi Corporation and Kaiser Aluminum Chapter 11 cases.
The Air Transportation Stabilization Board (ATSB) in all facets of its loan guarantee program including, among other matters, the US$1 billion exit financing to US Airway in connection with its first emergence from Chapter 11 and the consideration of the US$1.6 billion loan guarantee for United Airlines; engagements include outside counsel for the ATSB in the US Airways, ATA Airlines and Aloha Airlines Chapter 11 cases.
Numerous creditors, SWAP counterparties, purchasers of assets and defendants in the Enron Corp., et al. Chapter 11 cases.
The Chapter 11 trustee in one of the largest partnership fraud based bankruptcy cases in the S.D.N.Y. Lodgian, Inc., a Chapter 11 debtor, which is one of the largest owners and operators of full and limited hotel services properties in the United States, with approximately US$1 billion of debt.
The Emergency Loan Guarantee Board in connection with (i) its guarantee (and post-default work) on a US$110 million secured term loan to Geneva Steel in emerging from bankruptcy, as part of the U.S. Department of Commerce’s 1999 Emergency Oil and Gas and Steel Loan Guarantee Programs and (ii) its guarantee on a US$250 million secured term loan to Wheeling-Pittsburg Steel Corporation in emerging from Chapter 11.
Glencore Ltd. in the purchase of significant assets from the Asarco, Inc. and Kaiser Aluminum Chapter 11 cases.
European bank in negotiating purchase of intellectual property from U.S. debtor.
Don King in the Mike Tyson Chapter 11 case.
Mexican telecommunications company in connection with several Chapter 11 cases in the U.S.
Public and private distressed and par debt traders in significant Chapter 11 cases.
Numerous parties to asset securitization transactions involving forward sales of current and future receivables and other assets.
Creditors serving on significant Chapter 11 creditors' committees.
Wilmington Trust Company, as indenture trustee, in several Chapter 11 cases.
The Trust Company of Bank of Montreal, as indenture trustee, in The Loewen Group Chapter 11 cases.
The largest unsecured creditor and co-chairman of the Creditors' Committee in the Crowley Milner and Steinbach Stores Chapter 11 cases.
The majority equity owners in a successful private infrastructure restructuring project.
A major Japanese bank in pursuing a successful involuntary Chapter 11 case and in obtaining full payment of principal owed.
Defendants in numerous bankruptcy cases involving the pursuit of preferential transfers, fraudulent conveyances, subordination and other causes of action.
Representation of Mexican telecommunication service provider Avantel, S.A. in matters related to the Chapter 11 reorganization of WorldCom.
Representation of The Ozer Group LLC, as liquidator, in several Chapter 11 retail liquidations and related matters.
Representation of Glencore Ltd. as Co-Chairman of the Kaiser Aluminum Chapter 11 Official Committee of Unsecured Creditors.
Representation of the Official Committee of Unsecured Creditors in the BCP Management Inc. Chapter 11 case pending in the District of Delaware.
Representation of Hudson River Club, a Chapter 11 debtor in its reorganization in the Southern District of New York.
Representation of a major alloys supplier in numerous steel company bankruptcies in the U.S.
Representation of John F. Schmutz, the Chapter 11 trustee of Venture Mortgage Fund, L.P., in one of the largest fraud-based bankruptcy cases in the Southern District of New York .
Restructuring of a privately owned U.S. toll road.
Representation of landlords and tenants in numerous significant Chapter 11 bankruptcy proceedings.
Representation of Glencore Ltd., a major secured creditor in the Victoria Alloys Chapter 11 case.
Restructuring of more than US$400 million in debt of a major Mexican bank.
Representation of numerous customer claimants and general creditor claimants in the liquidation of Alder, Coleman Clearing Corp. Securities Investor Protection Corporation.
Representation of claims traders in significant Chapter 11 bankruptcy cases.
Representation of creditors serving on significant Chapter 11 creditors' committees in pending bankruptcy cases.
Issuance of substantive consolidation and true-sale bankruptcy opinions in connection with structured finance transactions.
Representation of an Argentine cement company in defense of an action brought by a Chapter 11 debtor seeking damages for alleged bid-rigging.
Representation of a foreign venture investor in the takeover of an upscale retail company in a Chapter 11 proceeding.
Representation of a large Spanish bank as a secured creditor in the Chapter 11 bankruptcy proceedings of Riverbend International, Inc., in connection with the sale of the plant and facilities of Riverbend International's Spanish subsidiary.
Representation of the creditors' committee and United States Trust Company as indenture trustee in the Chapter 11 bankruptcy proceedings of Commonwealth Oil Refining Company, Inc.
Representation of a petitioning creditor in a major winding-up proceeding in the Bahamas in conjunction with British and Bahamian counsel.
Representation of an indenture trustee in the Braniff bankruptcy proceeding.
Representation of an indenture trustee in the Coleco Industries bankruptcy proceeding.
Representation of former employees in the Drexel Burnham Lambert bankruptcy proceeding.
Representation of an indenture trustee in the G. Heileman Brewery bankruptcy proceeding.
Representation of a major unsecured and reclamation creditor in the Elder-Beerman bankruptcy proceeding.
Representation of a major retailer in the Hooker Corporation bankruptcy proceeding.
Representation of a governmental agency in the Lomas Financial bankruptcy proceeding.
Representation of several creditors in the Ames Department Stores bankruptcy proceeding.
Representation of several creditors in the Phar-Mor bankruptcy proceeding.
Representation of an indenture trustee in the Revere Copper and Brass bankruptcy proceeding.
Representation of a major foreign bank in the Salant Corporation bankruptcy proceeding.
Representation of a Big 5 accounting firm in a Chapter 11 proceeding and civil litigation in connection therewith.
Representation of a major foreign oil company in connection with the potential purchase of assets of a U.S. refinery in a Chapter 11 proceeding.
Representation of the general partner in the bankruptcy proceeding of a limited partnership located in the U.S. Virgin Islands.
Representation of a Canadian securities firm in connection with the purchase of claims in a Chapter 11 proceeding.
Representation of an investment firm in the trading of bank debt in the Hillsborough Holdings Corp. Chapter 11 proceeding.
Representation of an Argentine bank in connection with the pursuit of claims in a New York State Banking Department liquidation.
Restructuring of a large U.S. manufacturing corporation and its subsequent initial public offering.
Restructuring of a mining company in New Mexico.
Representation of major international financial institutions in the purchase and sale of distress debt.
Representation of creditors, lenders and investors in examining and pursuing acquisition opportunities in steel, telecom and retail bankruptcy cases.
Representation of a Chapter 7 trustee of a Costa Rican jewelry manufacturer, addressing novel legal issues, including the jurisdiction of the United States Bankruptcy Court over property located in a foreign jurisdiction.
Representation of a Chapter 7 trustee of a textile manufacturer with a principal plant located in Puerto Rico, including structuring of the sale of the debtor's plant.
Representation of plaintiffs or defendants in fraudulent conveyance, preferential transfer and other avoidance actions in Chapter 11 and Chapter 7 proceedings.