Experience

Counsel to Chapter 11 Energy Client on Benefits Liabilities

Advised an energy client during their Chapter 11 bankruptcy proceedings on how to limit retirement, health and welfare, and executive compensation liabilities.

Counsel for Successor Trustee Related to a Commercial Foreclosure

Managed and conducted foreclosure of commercial real estate located in Missouri which sold for over $6 million.

Managed Over 4,000 Missouri Non-judicial Foreclosures

Supervised and managed over 4,000 non-judicial foreclosures in Missouri for successor trustee under deeds of trust regarding residential and commercial properties.

Counsel for Secured Lender in $8 Million Commercial Transaction

Served as counsel for bank and drafted commercial loan documents with respect to loans totaling $8 million, secured in part by commercial real estate in Georgia and South Carolina, and facilitated multi-state closing.

Represented Construction Company in Chapter 11 Reorganization

Represented debtor in Chapter 11, Subchapter V bankruptcy case with contingent liabilities in excess of $25 million and secured indebtedness of approximately $4.5 million, and negotiated consensual reorganization plan with all constituents.

Summary Judgment Win for Shopping Center Client Against Debtor’s Claim

Beat back an $11 million claim in bankruptcy case asserted against country’s second largest owner of shopping centers based on doctrine of judicial estoppel.

Representation of Airline Booking Agent in Successful Chapter 15 Proceedings

Represented U.S. affiliates of a third-party airline ticket booking agent in successful Chapter 15 reorganization proceedings.

Removed Utility Client as Creditor in Bankruptcy Proceeding

Prevailed in U.S. Bankruptcy Court for the Western District of Missouri for a client energy utility when a hospital Chapter 11 filing listed the client as a creditor to compel the utility to continue providing gas and electric service. Following an emergency evidentiary hearing, the court agreed the hospital was never a direct customer of the client and thus the Bankruptcy Code provisions did not apply, allowing the client to disconnect service.

Conflicts Counsel in Health Care Corporation Chapter 11 Proceedings

Served as conflicts counsel to the unsecured creditors committee for a health care corporation and 216 affiliated debtors in their Chapter 11 bankruptcy proceedings.

Counsel to Tier 1 Automotive, Aviation Manufacturers in Chapter 11 Proceedings

Served as counsel to numerous trade creditors, including Tier 1 suppliers, in automotive and aviation industry manufacturer's Chapter 11 proceedings.

Counsel to Acquiring Company in 363 Sale of Assets of Major Steel Manufacturer

Served as counsel to the purchaser of substantially all of the assets of a major steel manufacturer.

Defense Counsel for Employee Retirement Investment Funds in Two of the Largest Fraudulent Conveyance Actions in History

Served as defense counsel for employee retirement investment funds of a Fortune 100 company in two of the largest fraudulent conveyance actions in history, filed in the Southern District of New York.

Counsel to Secured Creditor in Farming Operation Litigation and Bankruptcy

Served as lead and trial counsel to lender in federal litigation for breach of contract, fraud, and replevin and for non-dischargeability and defense of lien avoidance in subsequent bankruptcy.

Bankruptcy Counsel for Fortune 10 Tech Retailer

Represented a Fortune 10 American technology retailer in bankruptcy. Advised and assisted the client on many issues, including rejection, assignment and assumption of executory contracts, intellectual property license and privacy issues.

Representation of Secured Lenders in Agricultural Company Bankruptcy Proceedings

Represented the secured lenders in Chapter 12 and agricultural Chapter 11 bankruptcy cases.

Counsel to Various Parties on Executory Contracts in Bankruptcy

Represented trade creditors, critical vendors and non-debtor parties to executory contracts in the bankruptcies of automotive OEMS and Tier 1 suppliers, chemical companies, pipeline owners, and contractors and airplane manufacturers.

Counsel to Official Committees of Unsecured Creditors Across Industries

Served as counsel to numerous official committees of unsecured creditors across industries including transportation, professional services, and agribusiness and food.

Representation of Trade Creditors in 503(b), Reclamation Claims

Represented numerous trade creditors asserting Section 503(b) and/or reclamation claims against debtors, including general contractors, manufacturers and fabricators.

Co-Counsel to Unsecured Creditors Committee for National Movie Theater Chain

Served as co-counsel to the unsecured creditors committee for a national movie theater chain in its Chapter 11 bankruptcy proceedings.

Representation of Bankrupt Companies in Alleged Patent Infringement Cases

Represented parties alleged to have infringed patents of bankrupt telecommunications and manufacturing companies.

Representation of Equity Holders in Athletic Accessory Company Bankruptcy

Represented equity holders in the bankruptcy of a seller of hologram bracelets, necklaces and pendants asserted to improve athletic performance.

Representation of Equity Sponsor in Telecom Company Bankruptcy

Represented the equity sponsor in the bankruptcy of a telecommunications company.

Counsel to Peabody Energy in Chapter 11 Proceedings

Served as co-counsel to Peabody Energy, the largest private-sector coal company in the world, in its Chapter 11 bankruptcy proceedings.

Counsel to Secured Creditor in Beer Distributorship Bankruptcy

Served as counsel to mortgage lender in Chapter 11 of Central Illinois closely held beer distributor.

Representation of Secured Lenders in Golf Course Owner Bankruptcies, Workouts

Represented the secured lenders in the bankruptcies and workouts of the owners of operating golf courses.

Co-counsel to Foresight Energy, Affiliated Debtors in Chapter 11 Proceedings

Serving as co-counsel to Foresight Energy LP, a producer of thermal coal, and 30 affiliated debtors in Chapter 11 bankruptcy proceedings in the U.S. Bankruptcy Court for the Eastern District of Missouri.