Restructuring, Insolvency and Bankruptcy

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.

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

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.

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

Served as lead counsel for the Official Committee of Long Term Disability Participants in the bankruptcies of a multinational telecom company, in which he secured a settlement of more than $50 million for the company’s former employees with permanent disabilities.

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

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.

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.

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.

Lead debtor’s counsel to real estate company in Chapter 11 proceeding.

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

Served as lead counsel for the equity committee in the Chapter 11 bankruptcy of a publicly traded agribusiness company which was the result of Chinese reverse merger that resulted in the successful sale of U.S.-based assets, assets in China, and a global settlement with the company, secured creditors, SEC, class action plaintiffs and unsecured creditors. This resulted in a successful distribution to shareholders in an insolvent company that had little hope of recovery due to massive securities fraud in the U.S. and China.

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

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