Nicholas Zluticky

Experience

Committee Representations

Genesis Healthcare. (Northern District of Texas) – Lead attorney for Stinson's representation of the unsecured creditors' committee. The committee successfully challenged an insider sale proposal that offered unsecured creditors no recovery, and ran a re-opened auction that secured a $1 billion sale. After reaching a global settlement with the existing lenders and landlords, unsecured creditors will receive more than $200 million in assets and elimination of nearly $430 million in insider claims, increasing creditor recoveries by more than 1,600% from the initial stalking horse proposal.

23andMe. (Eastern District of Missouri) – Served as co-counsel to the unsecured creditors' committee. The restructuring included a sale of all assets for more than $300 million and a liquidation plan expected to pay general unsecured creditors in full.

Wellpath Holdings. (Southern District of Texas) – Lead attorney for Stinson's representation of the unsecured creditors' committee. Litigated against the company and its lenders to defeat the proposed plan and negotiated a settlement offering potential recoveries of more than 50% for general unsecured creditors, compared with less than 1% originally proposed. The bankruptcy court described the result as "unprecedented."

Tehum Care Services. (Southern District of Texas) – Represented the unsecured creditors' committee in the bankruptcy of Tehum Care Services, formerly Corizon. Negotiated a global settlement valued at approximately $75 million and secured confirmation of a consensual Chapter 11 plan in March 2025. 

YesCare Corp. (Middle District of Florida) – Currently representing the chairman of the unsecured creditors' committee in the bankruptcy of YesCare Corp. and its affiliates.

Blue Sun St. Joe Refining. (Western District of Missouri)– Represented the unsecured creditors' committee through plan confirmation in the bankruptcy of a Missouri biofuel producer. Then represented the liquidating trustee in successful avoidance actions and litigation against former directors and officers for breach of fiduciary duty.

Lender Representations

Nick has represented more than 50 lenders nationwide, handling troubled loan workouts, bankruptcies and enforcement actions in 20 states for loans in the amounts of between $5 million and $500 million.

Banner Hallmark. (District of Columbia) – Represented debtor-in-possession (DIP) lender and secured lender in the Banner's Hallmark Chapter 11 cases in Washington, D.C. In re Banners of Abingdon LLC, et al., No. 25-00378-ELG (Bankr. D.D.C.).  Successfully obtained approval of DIP loan with rollup, releases, and related consideration, leading to confirmation of plan that commits to pay lender in full.

Apartment complex matter in District of Kansas. Successfully opposed a reorganization plan for a 116-unit apartment complex on behalf of a national lender. After the case was dismissed, obtained a receiver, completed foreclosure and secured judgments against the borrower and guarantors.

Golf course in Western District of Missouri. Represented a bank in two bankruptcies involving a private 18-hole golf course and successfully litigated ownership of the club's personal property.

Company Representations

John Q. Hammons. (District of Kansas)

• Lead counsel for the Revocable Trust of John Q. Hammons and its 75 subsidiary companies in the largest Chapter 11 bankruptcy case ever filed in the District of Kansas. The debtors were a billion-dollar hospitality conglomerate that owned 35 hotels and other hospitality properties throughout the country. Successfully led the closing of the sale of the debtors' properties that resulted in full payment to all creditors.
• Lead attorney for the Revocable Trust of John Q. Hammons and its associated debtors in their successful appeal to the Tenth Circuit Court of Appeals with respect to constitutional challenges to a 2017 amendment to the statutory fee provision that caused the debtors to pay more than $2.5 million more in quarterly fees under an unconstitutionally nonuniform statute. Nicholas argued the appeal before the Tenth Circuit, who reversed the Bankruptcy Court for the District of Kansas, held that a portion of the Bankruptcy Code is unconstitutional.

Gas Mart. (Western District of Missouri) – Represented Gas-Mart USA, a large owner of convenience store and gas stations, in its Chapter 11 bankruptcy, which resulted in the sale of substantially all assets and confirmation of a liquidation plan.

Guildmaster. (Western District of Missouri) – Represented GuildMaster, Inc., a large furniture manufacturer, as debtor's counsel in bankruptcy.  Confirmed Chapter 11 plan of reorganization that recapitalized company and made substantial payment to creditors.

Bi-State Bistro. (Eastern District of Missouri) – Represented Bistate Bistro Associates, L.P., a TGI Friday's franchisee, as debtor's counsel in bankruptcy.  Confirmed Chapter 11 plan that preserved company as a going concern and resolved franchisor disputes.

Distressed Asset Purchases

Oil and gas company. Represents judgment creditor in the acquisition of an oil and gas company through the largest forced sale of a foreign government's U.S. assets in history. Crystallex International Corp. v. Bolivarian Republic of Venezuela, No. 17-mc-151-LPS (D. Del.).

Dairy Manufacturing Facility. Served as lead counsel to Flora Food Group in its acquisition of a dairy production facility out of receivership in Hugoton, Kansas.

Macadamia nut business. Represented the buyer in an out-of-court acquisition of the largest macadamia nut grower, producer and manufacturer in the United States.

Out-of-Court Restructurings

Works with clients to negotiate debt restructurings and commercial loan workouts outside bankruptcy.

Creditors' Rights

Enforces creditors' rights through receiverships, foreclosures, replevin and collection actions, and represents lenders in lender liability litigation. His receivership experience includes hotels, hospitals, apartment complexes, retail properties, golf courses and other businesses.

Recognitions

Professional & Civic Activities