Debtor Representation

It can be overwhelming to know what steps to take next when facing possible insolvency. At Robins Kaplan LLP, our insolvency attorneys offer a broad range of experience that lets troubled companies start to move forward. Beginning with a thorough analysis of a corporate debtor’s goals, resources, threats and strategic alternatives, our lawyers work with corporate debtors to formulate creative solutions to current financial issues and help determine what comes next. Our insolvency attorneys assist with the evaluation of potential recapitalization, restructuring, refinancing, and sale opportunities. We work toward adopting a consensual restructuring plan to avoid or formulate an effective Chapter 11 process that achieves our client’s specified goals

Experience

Our attorneys have assisted companies of all sizes through restructuring and Chapter 11 processes, including:

  • Asset Sales
  • Debtor in Possession Financing Arrangements
  • Formulation and Negotiation of Chapter 11 Plans of Reorganization
  • Formulation and Negotiation of Workout Agreements

We regularly address related concerns including cash-flow, management and creditor disputes, and other issues commonly faced by management as part of a restructuring process.

Selected Case Results*

  • NG DIP, Inc.: Robins Kaplan LLP was counsel to Nasty Gal, Inc., a leading international online retailer for women’s fashion, in its Chapter 11 restructuring. Nasty Gal is the offspring of Sophia Amoruso, an international celebrity for women’s empowerment and entrepreneurial development, and author of the best-selling book “#GirlBoss.”

  • Affiliates of Gemini Real Estate Advisors, LLC: Robins Kaplan LLP has served as Chapter 11 counsel for three high-value boutique hotel properties and one valuable development site in Manhattan that are owned by corporate affiliates of Gemini Real Estate Advisors. Sales of the four properties totaled approximately $230 million.

  • Halcyon: As part of our representation of Halcyon, an independent film-making concern that owned certain rights to the highly successful Terminator motion picture franchise and that produced the feature film Terminator: Salvation, we staved off attacks by its senior secured lenders on the eve of the film's release. We assisted in an organized process to attempt to refinance the company’s debt that ultimately led to the sale of the Terminator franchise. Our attorneys helped the company to negotiate terms with its secured lender, unsecured creditors and stakeholders that is expected to lead, upon the realization of future rights and revenues, to the satisfaction of all of the company’s debts and a return to interest holders.

  • Industrial Parts Depot, Inc.: Assisted Industrial Parts Depot, Inc. (IPD) through a financial and business restructuring of its 60-year old family business. Since the 1950’s, IPD operated a midsized manufacturing company specializing in replacement parts for diesel engines from its facilities in Torrance, California. The company sought our assistance to effectuate its plans to deleverage and outsource certain manufacturing operations. We supported the company’s attempts to negotiate consensual terms for a restructuring with IPD’s existing stakeholders, lenders and vendors. When attempts at a consensual global restructuring were unsuccessful, we then guided the company through a Chapter 11 process to achieve the same results.

  • Home Organizers, Inc.: In the throes of aggressive maneuvers by the company’s senior secured lender, the company’s founder and acting CEO asked us to assist him in protecting his company. We engaged in immediate negotiations with the secured lender and responded to aggressive lender tactics with proactive strategies, including filing an emergency Chapter 11 that restored company management. We were able to create and negotiate a consensual resolution that protected the secured creditor’s interest in a prompt pay-down of its debt while providing the founder with the time and resources that he needed to refinance the company’s obligations.

  • Applause, Inc.: Following a string of unsuccessful business ventures and the unfortunate death of company’s founder and CEO, we maximized the value of business of the manufacturer and distributor of children’s plush animals. We sought bankruptcy protection in Chapter 11 to stay creditor claims and permit stabilization of the company’s business and an organized sale process.

  • Pollo West, Inc.: Assisted large quick service food franchisee in preventing foreclosure by senior secured lender. Pollo was among the best franchisees in the chain that triggered covenant defaults in its loan documents. Against aggressive litigation tactics by the second creditor, our attorneys used the Chapter 11 “cram down” powers to save and reorganize the business and restructure its liabilities.

* Past results are reported to provide the reader with an indication of the type of litigation we practice. They do not and should not be construed to create an expectation of result in any other case, as all cases are dependent upon their own unique fact situation and applicable law.

 

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