Bankruptcy & Restructuring
- Represented an 86-store specialty gift retail chain operating across 7 states, with approximately 2,000 employees, as a debtor in possession in its Chapter 11 bankruptcy case. Successfully filed a Chapter 11 bankruptcy case to sell the assets of the company as a going concern to a new buyer pursuant to a section 363 sale, without any store closings or employee layoffs.
- Represented the indenture trustee in connection with an approximate $111 million dollar bond issue relating to a continuing care retirement community (CCRC) in Stillwater, Oklahoma. The borrower defaulted on its obligations owed under the bonds and we are representing the trustee as senior secured creditor in connection with an ongoing state court receivership proceedings. This includes negotiations for the funding, sale issues, and litigations with various 3rd parties relating to lien priority dispute.
- Representation of numerous institutional investors regarding general advice, restructuring, and litigation strategy on various Puerto Rico and related public corporation bond issues, including advising on PROMESA, commonwealth and related fiscal plans, and GO/COFINA litigation.
- Representation of Smyths toys in its acquisition of the Toys"R"Us central European business in the United States Bankruptcy Court for the Eastern District of Virginia.
- Represented the indenture trustee in connection with $90 million of bonds in the bankruptcy of a Texas-based senior housing company.
- Represented the board of directors of a company that designed and tested semiconductors in preparing and obtaining confirmation of a Chapter 11 plan of reorganization.
- Representation of liquidity provider/bond holders in Chapter 9 of Jefferson County, Alabama in United States Bankruptcy Court for the Northern District of Alabama.
- Representation of the trustee for certificates of participation in a receivership case of a continuing care retirement community in California Superior Court. Issues include: state court receivership litigation, zoning and land use modifications, supplemental financing and asset sales.
- Represented a large radiology practice in the successful purchase of several other radiology practices under section 363 of the Bankruptcy Code in Chapter 11 bankruptcies.
- Representation of various individual board members and boards with respect to insolvency and bankruptcy counseling in jurisdictions throughout the United States.
Case Study
Mintz used a multifaceted strategy to achieve a substantial recovery for a bondholder representative and indenture trustee of two series of bonds totaling $63 million in connection with the bankruptcy of Iowa City, Iowa–based Mercy Hospital.
Case Study
Mintz completed a $500 million senior secured credit facility for Arrowhead Pharmaceuticals on behalf of our client Sixth Street, enabling Arrowhead to fund innovation and growth opportunities across the company’s pipeline of RNAi therapeutics.
Case Study
Mintz represented The Paper Store in its Chapter 11 bankruptcy case and devised a strategy that allowed its stores to remain in operation without interruption.
Case Study
Mintz’s Bankruptcy & Restructuring team achieved a significant victory by obtaining complete dismissal (at the pleading stages) of a lawsuit brought against our clients by a liquidating entity, which sought to recover at least $50 million in damages based on allegedly fraudulent transfers of real estate during and after a bankruptcy case.
Case Study
Recent events have financially impacted many borrowers, lenders and investors. You may be in business relationships with entities that are in financial distress. There are different options available to maximize recovery in such situations.
Case Study
Mintz represented bondholders and the trustee of two municipal debt issuances totaling $21 million in a bankruptcy case dispute about the borrower’s attempts to modify the terms of the bonds. Mintz persuaded the borrower to amend its improper proposal — and the bondholders received payment in full.
Case Study
Mintz represented Bay Point Capital Partners, LP in investigations pertaining to its financing of a prepetition sale-leaseback transaction related to the bankruptcy case of Mission Coal Company, LLC. Our attorneys negotiated a settlement that protected the lender’s interests and made it whole.
Case Study
Mintz represented the ad hoc committee in casino giant Caesars Entertainment Corp.'s Chapter 11 bankruptcy. Mintz’s early summary judgment filing helped its clients settle with Caesars. ML Strategies helped to lobby Congress to oppose Caesars's proposed amendments to the Trust Indenture Act.
Case Study
Mintz advised the bond trustees of wood pellet supplier German Pellets and its US subsidiaries in a $515 million cross-border bankruptcy. The ongoing matter has included Louisiana and Texas bankruptcy proceedings and related litigation and insolvency matters in Germany.