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Bankruptcy & Corporate Restructuring

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Cole Schotz’s Bankruptcy & Corporate Restructuring practice is a distinguished and nationally renowned full-service group that is regularly cited in Chambers USA: America’s Leading Lawyers for Business and lauded for a track record that boasts unparalleled effectiveness, success and value.

Complex in and out-of-court corporate restructurings, state and federal insolvency proceedings and high stakes bankruptcy litigation: Cole Schotz delivers innovative strategies and winning solutions for the distress arena expertly and efficiently.

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RELATED SERVICES

    Bankruptcy & Corporate Restructuring Representative Matters

    • 710 Long Ridge Road Operating Company II, LLC d/b/a Long Ridge of Stamford, et al. (5 skilled and long term care nursing facilities) in their Chapter 11 cases
    • Highland Capital Management, L.P. in the Lake At Las Vegas Chapter 11 Cases, and the TCI Park West, Chapter 11 Case
    • Tribune Company, et al. in their Chapter 11 cases (as co-counsel)
    • AES New York Equity, LLC in its Chapter 11 case
    • RDA Holding Co., et al. (Reader’s Digest) (as conflicts counsel)
    • Adamar of New Jersey, Inc. a/k/a Tropicana Casino and Resort-Atlantic City in its Chapter 11 case
    • J.G. Wentworth, LLC, et al. in their Chapter 11 cases
    • Sagecrest Holdings Ltd. in its Chapter 11 case and Trustee of Sagecrest Liquidating Trust
    • 1701 Commerce, LLC in its Chapter 11 case
    • Gemcraft Homes, Inc. and its affiliates, in its Chapter 11 reorganization Beginning the case with 17 secured lenders and approximately $170 million in debt, Gemcraft succeeded in less than one year by confirming a Chapter 11 plan of reorganization and emerging from bankruptcy as an operating company with its ownership intact, and with exit financing of approximately $65 million
    • BNA Subsidiaries, LLC in its Chapter 11 case
    • Leslie Controls, Inc. in its Chapter 11 case
    • Official Committee of Unsecured Creditors in the Monitor Company Group Limited Partnership, et al. cases
    • Official Committee of Unsecured Creditors in the Patriot Coal Corporation, et al. cases (conflicts counsel)
    • Official Committee of Unsecured Creditors and Plan Administrator in the Merit Group, Inc., et al. cases
    • Official Committee of Unsecured Creditors in the Peak Resorts, Inc., et al. cases
    • Official Committee of Unsecured Creditors in the Federated Sports and Gaming, Inc. and Federated Heartland, Inc. cases
    • Official Committee of Unsecured Creditors in the Fibertower Network Services Corp., et al. cases
    • Foreign based directors and officers in the Ampal-American Israel Corporation Chapter 11 case
    • HP Enterprise Services, LLC in the American Airlines Chapter 11 case
    • YA Global Investments, L.P. as appellant and defendant in fraudulent conveyance litigation in the Global Outreach, S.A. Chapter 11 case
    • Rudin Development LLC, RSV LLC et al. as purchaser of assets in the St. Vincent’s Catholic Medical Centers of New York, et al. Chapter 11 cases
    • Dr. Michael Jaffe, Insolvency Administrator of Qimonda AG in its Chapter 15 proceeding
    • Martin W. Taplin & Associates, Inc. as appellate counsel in the Sagamore Partners, Ltd. d/b/a Sagamore Hotel Chapter 11 case
    • Pre-petition and DIP lender in the Biovest International, Inc. Chapter 11 case
    Represented Videology Inc. in Chapter 11 Auction That Saw Sale Price Soar

    When Videology, Inc., a leading advertising technology company, and its affiliates faced a series of crises placing its business in jeopardy, they turned to Cole Schotz P.C. to lead them through a Chapter 11 restructuring process. After obtaining a stalking horse purchase contract with Amobee, Inc., a U.S. subsidiary of Singapore based Singapore Telephone, Cole Schotz, working with the company’s investment banker, led Videology through an extraordinarily successful auction process that drove its sale price up by over $70 million, to $119 million. Videology Inc. is a privately held, venture-backed company that provides a uniquely effective technology platform to enable advertising agencies and advertisers, as well as broadcasters, to plan and execute more effectively advertising campaigns for television and digital media.

    During a hearing in Wilmington, DE, U.S. Bankruptcy Judge Brendan L. Shannon approved the sale to the stalking horse purchaser, Amobee Inc. The Cole Schotz team was led by members Irving E. Walker, Patrick J. Reilley, and G. David Dean.

    DirectBuy Turns to Cole Schotz for Chapter 11 Restructuring

    Turning to Cole Schotz P.C. as its restructuring counsel, member-only buying club DirectBuy filed for Chapter 11 relief in the United States Bankruptcy Court for the District of Delaware on November 1st. The 40-year old company with operations in the United States and Canada provides its almost 180,000 members exclusive access to a broad selection of well recognized brands from tip-tier suppliers, offering furniture flooring and tile, lighting and fans, appliances, and outdoor living products at wholesale prices. DirectBuy is famous for its one-of-a-kind shopping experience that includes free at-home design consultation, digital or over-the-phone project support, seven days per week access to a call center, and “white glove” delivery service. While the company reports that it is financially sound, it is unable to sustain existing levels of debt or attract adequate refinancing and, therefore, is pursuing a going concern business sale to restructure nearly $200 million in debt.

     

    Cole Schotz Called on to Protect US Business Operations of Hanjin Shipping

    The Foreign Representative of Hanjin Shipping Co., Ltd., one of the world's largest container shipping companies, retained Cole Schotz to assist with seeking recognition in the United States of Hanjin’s South Korean receivership proceeding under Chapter 15 of the United States Bankruptcy Code. Hanjin’s U.S. filing came just a few days after it filed for court receivership in South Korea. Cole Schotz secured a provisional order barring interference with Hanjin’s business operations in the United States. Significantly, as a result of our efforts and the US Bankruptcy Court’s provisional order, all of Hanjin’s vessels bound for the US were allowed to enter US territory without fear of arrest or seizure.

    Ultimately, Cole Schotz obtained final recognition of Hanjin’s Korean insolvency proceeding pursuant to Chapter 15 of the Bankruptcy Code, over the objections of numerous parties. The decision by John K. Sherwood, presiding Bankruptcy Judge, formally brings Hanjin under the protection of U.S. bankruptcy law.

    The Cole Schotz team was led by Ilana Volkov, Edward Kiel and Jacob Frumkin.
     

    Cole Schotz Successfully Navigates Saint Michael's Medical Center Through Chapter 11 Sale Process

    After close to three years of enduring state and regulatory roadblocks that prevented the sale of the Saint Michael's Medical Center, Cole Schotz was retained to file for Chapter 11 bankruptcy protection as a strategy to expedite the long-awaited sale of the facility to Prime Healthcare. After conducting an auction that drove up the sales price to $62 million, the Cole Schotz team achieved Bankruptcy Court approval of the sale of Saint Michael’s to Prime Healthcare. Cole Schotz worked with the relevant agencies of the State of New Jersey to obtain regulatory approval of the sale, allowing Saint Michael’s to maintain staffing levels and continue providing much needed patient care in the Newark community. Saint Michael’s Medical Center was granted final approval of its sale to Prime Healthcare. Prime Healthcare has agreed to keep the hospital open as a full service acute care and outpatient facility providing all of its existing services for a minimum of five years, hire substantially all 1,400 hospital employees, maintain or increase current levels of charity care, and maintain existing health insurance contracts. In addition, Prime Healthcare has agreed to invest $50 million to upgrade technology and services and continue to modernize the hospital..

    The Cole Schotz team representing Saint Michael’s Medical Center included Michael D. Sirota, Ryan Jareck, Marc Press, Jacob Frumkin and Rebecca Hollander.

    Winning the Triple Crown: Congratulations to Zayat Stables, the Zayat Family and American Pharoah!

    Cole Schotz congratulates Zayat Stables, the Zayat family and American Pharoah in achieving the Triple Crown!  

    Cole Schotz proudly and successfully represented Zayat Stables in its Chapter 11 proceeding in the District of New Jersey. A plan of reorganization plan was quickly confirmed allowing Zayat Stables to emerge from Chapter 11 and maintain its stature as one of the nation’s largest and most prominent thoroughbred stables in the world.

    Representing Donald J. Trump, Ivanka Trump and Trump AC

    Cole Schotz represents Trump AC Casino Marks LLC (“Trump AC”), owned and controlled by Donald J. Trump and his daughter Ivanka Trump, as licensors of certain “Trump” related trademark and intellectual property rights to Trump Entertainment Resorts, Inc., Trump Entertainment Resorts Holdings, L.P., Trump Taj Mahal Associates, LLC, Trump Plaza Associates, LLC, and Trump Marina Associates, LLC (the “Licensees”), in pursuing termination of the license agreement based on the Licensees’ various violations and breaches of the agreement.

    Cole Schotz initially filed an emergent Order to Show Cause application with the Superior Court of New Jersey, seeking termination of the agreement and injunctive relief against the Licensees. However, the Licensees filed for bankruptcy protection before the U.S. Bankruptcy Court for the District of Delaware, resulting in an automatic stay of Trump AC’s pending state court litigation.

    As a result, Cole Schotz filed a motion with the Delaware Bankruptcy Court for relief from the automatic stay in order to continue to pursue termination of the license agreement through the previously filed state court action.  After conducting expedited discovery and briefing the issues for the court, Judge Gross conducted a final hearing on Trump AC’s motion.  The Bankruptcy Court subsequently granted Trump AC’s motion in full by opinion and order, ruling the automatic stay lifted to allow Trump AC to continue its pending state court action to terminate the license agreement.

    Leading the Way in Healthcare Bankruptcy

    Changes in the healthcare system have placed enormous financial pressures on hospitals and other healthcare providers in the region, resulting in an unprecedented number of healthcare providers seeking insolvency and restructuring guidance, and in certain instances, resorting to protection under Chapter 11 of the Bankruptcy Code.

    The Cole Schotz Bankruptcy & Restructuring Department has played a prominent role throughout the region in providing bankruptcy and out-of-court restructuring advice to a wide array of distressed healthcare providers.   

    Cole Schotz represented Passaic Beth Israel Hospital (“PBI”), a New Jersey nonprofit hospital that operated a 262-bed acute care hospital in Passaic in its Chapter 11 bankruptcy.  In that case, Cole Schotz orchestrated the sale and merger of PBI with St. Mary’s, a neighboring hospital, resulting in the closure of St. Mary’s existing facility and the consolidation of both hospitals at PBI’s more modern campus.  The transaction was financed through the first-time use of NJHCFFA Hospital Asset Transformation Bonds, which are backed by State of New Jersey credit enhancements.  Cole Schotz led PBI and its board through all aspects of the Chapter 11 bankruptcy, as well as through the state regulatory process successfully concluding this transaction. 

    In the Chapter 11 proceedings of Bayonne Medical Center (“BMC”),  Cole Schotz was selected to protect the interests of Financial Security Assurance Inc. (“FSA”), the insurer of two bonds issued from NJHCFFA with an outstanding principal balance of $34 million.  Cole Schotz, on behalf of FSA, has played an active role in “shaping” the bankruptcy proceeding in an effort to maximize value for the bondholders.

    St. Vincent’s Catholic Medical Center of New York and related entities (collectively, “St. Vincent’s”) commenced Chapter 11 bankruptcy cases in the United States Bankruptcy Court for the Southern District of New York, culminating in the confirmation of a plan of reorganization.  Critical to the success of that plan is St. Vincent’s construction of  a new modern facility in downtown Manhattan based upon the sale of its existing facility to Rudin Development, LLC (“Rudin”).  Cole Schotz represented  Rudin throughout the bankruptcy process to assure it the benefit of its bargained for rights in the context of this complex acquisition and development transaction.   

    Cole Schotz has also been retained as bankruptcy counsel  to St. Joseph’s Regional Medical Center in connection with the Chapter 11 bankruptcy of neighboring Barnert Hospital.

    Cole Schotz Scores Win in Precedential Third Circuit Court of Appeals Opinion
    A decades long multi-district civil litigation before the Bankruptcy Court for the District of New Jersey and the U.S. District Courts for the Southern District of New York and the District of New Jersey came to a successful conclusion in a precedential decision by the United States Court of Appeals for the Third Circuit. The opinion, issued in October 2017, vacated a $31 million judgment against our client and found opposing counsel guilty of fraud on the court.

    Cole Schotz members Michael Sirota (argued), Warren Usatine and Ryan Jareck prevailed as Counsel for the Appellee in a fiercely contested case that uncovered an incredibly tangled and complex story of deceit.

    The story is reported in detail by the New Jersey Law Journal.
    Cole Schotz Helps Creditors Traverse the Financial Distress of the East Coast Skiing Industry

    Cole Schotz represented the Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy cases of D.C. Development, LLC, et al. in the District of Maryland, and in Peak Resorts, Inc. et al. in the Northern District of New York. 

    D.C. Development, LLC and its affiliates owned and operated the Wisp Ski Resort in Garrett County, MD.  Founded in 1955, Wisp is the leading resort area in Western Maryland with a 32-trail ski slope, mountain roller coaster, 2 championship golf courses, Hotel, rental homes, retail, marina, and 2,200 acres of master planned land for residential and vacation homes.  The cases involved $50 million to $100 million in assets including Maryland’s only ski resort, and approximately $50 million in liabilities.  The Debtors were the 6th largest employer in Garrett County, MD.  Cole Schotz effectively represented the Committee to protect the rights of the unsecured creditors while preserving the Debtors' assets and value as a going concern.  Cole Schotz's efforts contributed to the successful marketing and sale of the Debtors' assets under § 363 of the Bankruptcy Code, which generated $23.5 million for the ski resort assets, and $6.1 million for the Lodestone Golf Course assets, allowing funds to be set aside for distribution to the unsecured creditors, and the ski resort to continue operating as a going concern.  Gary H. Leibowitz, a member of the Bankruptcy & Restructuring, and Litigation departments, was the lead attorney for the Committee.

    Similarly, Peak Resorts, Inc. owned and operated the Greek Peak Mountain Resort, a four season resort development located in Virgil, New York.  The resort is the largest day trip area in Central New York State, and currently has 31 slopes and trails with a base elevation of 1,250 feet, and vertical drop of approximately 900 feet.  In addition to skiing and snowboarding, there is a tubing center, terrain park, and a children’s learning center. There is also a Mountain Adventure Center with a corporate team building facility.  The Debtors owned approximately 889 acres of real estate, which included the ski area base, buildings, and conference center, and the Hope Lake Lodge & Cascades Indoor Water Park.  The cases involved approximately $20 million in assets and over $50 in liabilities. Cole Schotz's efforts representing the Committee assisted in the funding of debtor-in-possession financing to stabilize the businesses and preserve the assets, and the sale of the Debtors' assets which generated in excess of $5 million for the benefit of the creditors and estates and allowed the ski resort to continue operating as a going concern.  Gary H. Leibowitz, a member of the Bankruptcy & Restructuring, and Litigation departments, was the lead attorney for the Committee.

    The Fifth Edition of the Bankruptcy Deadline Checklist is now available. For a complimentary copy, please contact info@coleschotz.com

    News

    NJ Judge Gives Nod To Sur La Table's Ch. 11 Plan

    As published in: Law360 October 21, 2020

    U.S. Bankruptcy Tracker: Media Companies See Distress Surge

    As published in: Bloomberg Law October 13, 2020

    Compromise Key to Restructuring in Pandemic, True Religion Attorney Says

    As published in: Delaware Business Court Insider October 8, 2020

    Cole Schotz Secures Approval for True Religion Reorganization Plan

    October 6, 2020

    True Religion Ch. 11 Plan OK'd After Last-Minute Creditor Deal

    As published in: Law360 October 5, 2020

    + MORE

    Recent Events

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    Bankruptcy Nuts and Bolts: A Primer for Chapter 11 Cross-Training
    Attorney Speaking: J. Kate SticklesJune 23, 2020
    The Rise of the Cannabis Business and the Bankruptcy Code Live Webcast CLE Presentation
    Attorneys Speaking: Norman L. Pernick and Michael TrentinMay 21, 2020
    Preference Bootcamp: Overview of Preferential Transfer Avoidance Powers and Litigation Live Webcast CLE Presentation
    Attorney Speaking: Gary H. LeibowitzMarch 19, 2020
    IWIRC at the Shore: Successful Negotiation Strategies for Restructuring Professionals
    Attorney Speaking: J. Kate SticklesMarch 6, 2020
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    New Jersey Lawyer Magazine February 2019

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    Warning: Avoiding Bankruptcy Pitfalls Under the WARN Act

    New Jersey Law Journal February 11, 2018

    The Cautionary Tale of Arcapita: Foreign Banks Are Subject to U.S. Jurisdiction if They Use a U.S. Bank Account for Foreign Transactions

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    Third Circuit Adopts Probability Standard In Evaluating Warn Act Unforeseen Business Circumstances Exception

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    Expert Q&A on Maritime Bankruptcies and the Intersection of Admiralty and Bankruptcy Laws

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    Virginia is for Lovers ... And Chapter 11?

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    Supreme Court's 'Henson' Decision Leaves Many Questions Unanswered

    New York Law Journal September 25, 2017

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    Breaking Up with a Portfolio Company Without Breaking the Bank

    Journal of Corporate Renewal July 2017

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    Bankruptcy Court Jurisdiction and Third-Party Releases: The Latest Frontier

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    Statutory Showdown: Another Bankruptcy Court Weighs In on § 544(b)(1) and the Limitations Period

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    Lend at your own risk: Lessons from the 2nd Circuit's Marblegate decision

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    Bankruptcy & Restructuring Law April 10, 2017

    Section 1521(a)(7)'s Restrictions Found Inapplicable to State Law Fraudulent Conveyance Actions

    Bankruptcy & Restructuring Law April 6, 2017

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    Will 2017 Be the Year of the Retail Bankruptcy?

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    Law Journal Newsletters July 2011

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    New Jersey Volunteer Lawyers for the Arts August, 2011

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