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Overview

When a business or individual is in financial distress, there are many stakeholders. Whether we are counseling the business or individual in distress or one of the many other parties that have a stake in the outcome, we provide our clients practical and strategic advice to help them navigate the complexities of business insolvencies. We assist in evaluating risk, minimizing exposure, maximizing recoveries, and developing creative solutions, all in a cost-effective manner.

We understand the complexities of business bankruptcy and have experience in courts all across the country representing stakeholders inside and outside of bankruptcy. We represent financially-distressed businesses, their boards, management, owners, secured creditors, unsecured creditors, creditor committees, lenders, bankruptcy trustees, investors, and potential acquirers, handling restructurings in and out of court, business reorganizations, acquisitions, liquidations, and litigation. We have helped hundreds of businesses successfully navigate difficult financial circumstances outside of bankruptcy by developing and implementing creative solutions for their financial needs and realities.

We also have experience advocating for clients in bankruptcy-related litigation matters, including avoidance actions, objections to discharge, dischargeability actions, preference claims, subordination claims, equitable recharacterization claims, plan confirmation objections, relief from stay motions, § 503(b)(9) administrative expense claims, and other disputes under the Bankruptcy Code. In addition, we regularly represent clients in breach of contract cases, actions under guaranties, replevin actions, and fraudulent transfer claims. 

We regularly draw upon the experience of other attorneys in our firm, including those focusing on employment, insurance, intellectual property, mergers and acquisitions, securities, tax, and various litigation disciplines and employ a multi-disciplinary approach that provides our clients with expertise in nearly all areas of the law.

One of our members is a court-approved mediator in the U.S. Bankruptcy Court for the District of Nebraska and regularly blogs on issues related to bankruptcy, financial distress, and mediation at www.mediatbankry.com.

Experience

Experience

  • Served as committee counsel in some of the largest Chapter 11 bankruptcies in recent Nebraska history:
    • In re Gordmans Stores, Inc.
    • In re Cornerstone Tower Service, Inc.
    • In re Big Drive Cattle, LLC
    • In re First Americans, Inc.
    • In re QA3 Financial Corp.
    • In re Benchmark Homes, Inc.
  • Served as lead counsel for franchisors in purchasing assets in the following jurisdictions:
    • Northern District of California
    • Northern District of Texas
  • Won trials in Nebraska in bankruptcy court on the following issues:
    • Appointment of Chapter 11 trustee (In re AFY, Inc. & In re Robert A. Sears)
    • Denial of a debtor’s discharge under 11 U.S.C. 523 (In re Robert L. Pelshaw)
    • Denial of a debtor’s discharge under 11 U.S.C. 727 (In re Korley B. Sears)
    • Objection to a debtor’s IRA exemptions (In re Bashara)
    • Fraudulent transfer under 11 U.S.C. § 544 (In re DLC, Ltd.)
    • Use of Cash Collateral (In re Grand Island Liquor Mart & Tobacco Row, LLC)
  • Defended preference claims brought in the following jurisdictions:
    • Northern District of California
    • District of Colorado
    • District of Delaware
    • Central District of Illinois
    • Northern District of Illinois
    • Southern District of Iowa
    • Northern District of Iowa
    • District of Kansas
    • Western District of Louisiana
    • District of Minnesota
    • Eastern District of Missouri
    • Western District of Missouri
    • District of Nebraska
    • District of New Hampshire
    • Southern District of New York
    • District of Oregon
    • Eastern District of Texas
    • Northern District of Texas
    • Eastern District of Virginia
  • Recovered $7 million for supplier and second lienholder in bankruptcy in Delaware
    • In re AFA Foods, Inc.
  • Won motions for relief from stay on behalf of the following creditors:
    • Former officers and directors of failed bank (In re TierOne Corporation)
    • Insurance premium company (In re Petters Company, Inc.)
    • National commercial finance company (multiple cases)
    • National and community banks (multiple cases)
  • Won appeals on the following bankruptcy-related issues brought in the following courts:
    • Abstention - U.S. District Court of Nebraska (In re AFY, Inc.) 
    • Claims Objection - Eighth Circuit Court of Appeals BAP (In re AFY, Inc.)
    • Claim Preclusion – Eighth Circuit Court of Appeals (In re Korley B. Sears)
    • Discharge - Eighth Circuit Court of Appeals (In re Korley B. Sears)
    • Fraudulent Transfer – Eighth Circuit Court of Appeals (In re DLC, Ltd.)
    • Standing – Eighth Circuit Court of Appeals (In re AFY, Inc.)
  • Represented Chapter 7, 11, and 12 debtors in the following jurisdictions:
    • District of Nebraska
    • Northern District of Iowa
  • Assisted publicly-traded and privately held companies with § 503(b)(9) claims in:
    • Western District of Texas
    • District of Minnesota
    • Eastern District of Missouri
    • District of Nebraska
    • District of Delaware
    • District of Kansas
    • District of Colorado
  • Served as counsel for insurance company in mass tort bankruptcy case in Nebraska
    • In re SportsStuff, Inc.
  • Represented national gas broker in bankruptcy in Minnesota regarding following issues:
    • Adequate Assurances under 11 U.S.C. § 366
    • Executory Contract under 11 U.S.C. § 365
    • Administrative Expense Claim under 11 U.S.C. § 503(b)(9)
    • Turnover of Property under 11 U.S.C. § 542
    • Commodity Contract under 11 U.S.C. § 546
  • Won dismissal of breach of fiduciary duty claims against former officer
    • In re Professional Veterinary Products, Ltd.
  • Enforced officers’ $5 million unsecured claims in the face of breach of fiduciary duty claims
    • In re AFY, Inc.
  • Represented hundreds of corn producers in Delaware, asserting § 546(e) defenses to preference claims and convinced debtors not to pursue claims
    • In re Verasun Energy Corp.
  • Argued complex executory contract issue before the Ninth Circuit Court of Appeals
  • Obtained $10.8 million judgment and appointment of receiver against national company
  • Orchestrated involuntary sale of operational hotel via deed of trust sale (real estate) and UCC sale (personal property)
  • Counseled numerous private equity firms regarding risks associated with (and how to avoid) potential equitable subordination and recharacterization claims
  • Won dispute over priority of UCC liens between creditors (In re Michael Borden)
  • Won numerous contested replevin hearings in Nebraska and Iowa
  • Represented ad hoc committee of corn suppliers in bankruptcy court in Delaware
    • In re Verasun Energy Corp.
  • Represented bankruptcy trustee in a “no-asset” Chapter 7 bankruptcy case that achieved 100% distribution to all creditors (In re Barbara Graves)
  • Defeated numerous lender liability claims brought against banks in Nebraska and Iowa
  • Counseled creditors, debtors, and investors in commercial transactions and foreclosures, including mortgage foreclosure proceedings, strict foreclosure actions, UCC sales, deed of trust sales, and purchases or sales of assets in bankruptcy pursuant to “363 sales”
  • Negotiated full payment plans for creditors in Chapter 11 and Chapter 12 bankruptcies
  • Identified and implemented strategies for publicly-traded companies dealing with distressed companies and individuals both in and out of bankruptcy
  • Formulated and implemented strategies to minimize exposure of individual guarantors
  • Assisted business owners in obtaining relief from personal guaranties

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