Distressed Asset Sales & Acquisitions
- 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.
- Representation of Synata Bio, Inc., a bio-based renewable energy company, as the winning bidder in a bankruptcy auction of a cellulosic ethanol plant and electricity cogeneration facility in Hugoton, Kansas.
- Representation of numerous distressed real estate investment funds in acquisitions of commercial real estate under section 363 of the Bankruptcy Code.
- 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 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.
- Representation of K.D. Pharma as buyer in the Sancilio Pharmaceuticals bankruptcy in the United States Bankruptcy Court of the District of Delaware.
- Representation of the debtor, a coated paper manufacturer, in a chapter 11 bankruptcy that resulted in a sale of substantially all of the debtor’s assets at a final price 64% above the stalking horse bid.
- Representation of venture fund acquirer of assets of in Ultura, Inc. et al bankruptcy in the United States Bankruptcy Court of the District of Delaware.
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.