Overview

In today’s volatile business climate, bankruptcy is a part of doing business. When insolvency issues are unavoidable, clients turn to the nationally ranked attorneys in Stinson's Bankruptcy and Creditors' Rights practice, whose experience spans all parts of the United States and every aspect of bankruptcy resolution.

Stinson's bankruptcy attorneys have extensive experience on both sides of the courtroom, including debtor representation, creditor representation and specialized services surrounding financially distressed entities. Our success is defined by our commitment to diligently understand our clients' business needs, and offer innovative, practical solutions.

Our firm's national practice features attorneys who are not only skilled at navigating bankruptcy protection procedures but who also are highly skilled when matters turn to litigation. We are uniquely positioned to handle all aspects of bankruptcy cases—large and small—by providing our clients with strategic counsel and smart litigation. Our Bankruptcy & Creditors' Rights Practice has been ranked as a Tier 1 Practice by U.S. News & World Report for 2015-2017.

We regularly represent clients across the United States in diverse industries such as professional sports, telecommunications, real estate, agriculture, manufacturing, retail, and the transportation and auto industry.

Capabilities

Our attorneys have represented all of the major participants in bankruptcy and restructuring proceedings, such as:

  • Secured creditors, including banks and other traditional lenders, investment funds, private equity funds and REITs 
  • Unsecured creditors including vendors, equipment lessors and commodity brokers 
  • Debtors 
  • Unsecured creditors' committees, Section 1114 retirees' committees, tort creditor committees and equity committees 
  • All facets of bankruptcy court litigation, and non-bankruptcy court litigation regarding the debtor – creditor relationship including UCC Article 3, 4, 7 and 9 litigation, lender liability, creditor's rights enforcement actions, Reg. B., foreclosures, receiverships, and replevins
  • Asset purchasers in 363 sales and through plans of reorganization 
  • Chapter 7 and 11 trustees, liquidating trusts and examiners 
  • Lenders and trustees in Chapter 11 real estate and multifamily matters 
  • Boards of directors 
  • Restructuring professionals 
  • Lessors 

EXPERIENCE

Stinson's recent bankruptcy experience includes the following:

Restructuring

  • Successfully reorganized several thousand units of HUD and public-bond financed multifamily residential real estate and a regional movie theatre organization.
  • Represented a health care information technology company in several successful reorganizations of health care companies.
  • Represented a large, full-service real estate company in litigation with the Michigan State Department of Housing Authority to accomplish a complex restructuring of loans backed by state bond financing.

Secured Creditors

  • Represented lenders in multiple bankruptcy cases in the financing and acquisition of Georgia-based, tissue-paper manufacturing facilities.
  • Represented a private lender in numerous large real estate bankruptcies in multiple jurisdictions.
  • Representations of banks nationwide in chapter 11 cases in numerous industries including real estate, energy, transportation, not for profit, agriculture, and communications.

Committees

  • Currently representing the Official Committee of Unsecured Creditors in the Mineral Park bankruptcy cases in the District of Delaware.
  • Recently represented the unsecured creditors in the Aereo Inc. bankruptcy case in U.S. Bankruptcy Court in the Southern District of New York. Led settlement effort of dispute between national broadcasters and infringing debtor which led to a significant payout to unsecured creditors.
  • Currently representing the Official Committee of Unsecured Creditors in the Archdiocese of St. Paul and Minneapolis bankruptcy case in the District of Minnesota.
  • Currently representing the Official Committee of unsecured Creditors in the D&E dairy bankruptcy in Tucson Arizona.
  • Served as counsel for the Official Committee of Unsecured Creditors in the Hartmarx bankruptcy cases in the Southern District of New York.
  • Served as Section 1114(g) Committee (pilot retiree) counsel in the Delta Airlines Chapter 11 bankruptcy. After detailed negotiations, the Committee and Delta reached a settlement approved by the New York bankruptcy court that was mutually beneficial to all parties.
  • Served as counsel for the Official Committee of Unsecured Creditors in a bankruptcy case filed by a large, multistate subsidiary owned by Ponzi-schemer Thomas Petters.

Unsecured Creditors

  • Represent institutional creditors such as Verizon Communications in bankruptcies throughout the United States. We previously served as Verizon's creditor counsel in matters filed by Avaya, Bon-Ton Stores, Westinghouse Electric, American Apparel, Reader's Digest, CIT, Six Flags, Frontier Airlines and dozens of other Chapter 11 cases.
  • Currently represent the interests of Canadian Pacific in bankruptcy cases throughout the country involving a host of unique and sophisticated issues.

Debtors

  • Represented World Nutrition, Inc., in its Chapter 11 bankruptcy case in the Bankruptcy Court for the U.S. District of Arizona. Successfully confirmed World Nutrition's plan of reorganization in only six months and discharged several million dollars of liability, ended seven years of litigation with one of the company's primary competitors, and permitted the principal to retain his equity and remain as the company's president and CEO.
  • Represented MCI Telecommunications Corp. and related entities in pursuing claims objections in the U.S. Bankruptcy Court for the Southern District of New York.
  • Represented (with Skadden Arps) Interstate Bakeries Corporation (now Hostess Brands) and seven affiliated companies in their pending bankruptcy cases in the U.S.
  • Bankruptcy Court for the Western District of Missouri and in New York. This case was named "2009 Transaction of the Year" in the Large Company category from the Turnaround Management Association.
  • Represented the Post-Confirmation Estate of a large bankrupt airline in pursuing preference actions and claims objections in the U.S. Bankruptcy Court for the District of Delaware.
  • Represented the debtor in the bankruptcy case of Stockwalk Inc., the parent company of a stock brokerage firm with more than 200,000 customers.

Trustees, Examiners and receivers

  • Represented Chapter 7 Trustee in $5.5 million claim based on intentional fraud and fraudulent conveyance. Judgment in favor of Trustee on all issues after multi-day trial (Allred v. Nickesen). 
  • Represented the Chapter 7 trustee in a government contractor case involving U.S. Marshals and security officers for the United States government. Collected millions of dollars in claims owed by the United States. 
  • Represented the Examiner in the ResCap bankruptcy case in the Southern District of New York in matters relating to fraudulent transfer law that led to settlements in excess of $2.0 billion. 
  • Serve as operating trustee and receiver in various business operations including multifamily housing and funeral homes and counsel to the trustee and receiver. Serve as trustees on deeds of trust and counsel to trustees.

Asset Purchasers

  • Represented a client in the electric co-op market in its acquisition of a 3.5 MW power plant from an energy concern in its pending bankruptcy case in the U.S. Bankruptcy Court for the Northern District of Texas. 
  • Represented a client who was the successful bidder in a contested Section 363 sale of a ski resort in Western Maryland. 
  • Represented the successful bidder and purchaser of a multistate commercial printing company in a Section 363 sale in the U.S. Bankruptcy Court for the District of Delaware. 
  • Represented a purchaser in a multiday auction and a contested bid dispute relating to the sale of the assets and technology of Polaroid Corporation. 

Receiverships

  • Served as counsel to the CEO of a 350-bed hospital in his proposed appointment as state law receiver and later as the leader of a municipal-owned hospital. 
  • Counseled lenders on how to best structure secured lending to health care entities when collateral is subject to federal (Medicare) anti-assignment legislation. 
  • Represented the FDIC in its capacity as a receiver of a $5 billion bank that operated in 30 states.

Liquidating Trusts

  • Represented the liquidating trustee of the liquidation trust in the Fruehauf Trailer bankruptcy case, including litigating claims for breach of fiduciary duty and obtaining a multimillion-dollar judgment against the former trustee on such claims. 
  • Represented the liquidating trust in the HMX bankruptcy cases in the Southern District of New York.


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Team

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