Creditor Group Representation

Overview

When a company petitions for bankruptcy, there’s nothing more concerning that the potential impact the filing will have on its creditors. Protecting the value of your investment and the collection of rightful claims is of paramount importance.

Our bankruptcy and restructuring attorneys have the experience to guide creditors through the complex bankruptcy process and maximize their recoveries. Whether it be lenders, note holders, official creditor committees, trade creditors, or other creditor groups, we help our clients navigate the diverse interests in order to meet their respective objectives. We’re skilled at addressing the various interests and facilitating solutions to what can be at times opposing goals. We bring a common-sense approach to bankruptcy proceedings and will assert your rights in bankruptcy court. When issues cannot be resolved, we will litigate to maximize and protect the value of your investment.

We represent creditor groups both secured and unsecured across industries that include automotive, financial, oil and gas, food services, maritime, and telecommunications, among others. When necessary, we also call upon some of the services of our other disciplines such as real estate, finance, intellectual property, ERISA, tax, and more to handle other bankruptcy matters.

How We Can Help

  • lien issues
  • debtor-in-possession financing
  • claim objections
  • automatic stay provisions
  • proof of claims
  • dispute resolution
  • petition filing
  • plan of reorganization
  • cash collateral use
  • review of reporting requirements

What Sets Us Apart

  • Chambers USA notes we have a “stellar bankruptcy and restructuring team handling the full range of issues including Chapter 11 and Chapter 15 matters, as well as related bankruptcy litigation. Maintains a specialty practice advising maritime and transportation clients, and possesses significant knowledge of complex financing transactions.”
  • 2014–2017 Chambers USA recognized the Firm for Bankruptcy/Restructuring both nationally and regionally in Delaware and Pennsylvania.
  • Our bankruptcy practice ranked at the top of The American Lawyer’s Corporate Scoreboard in 2011.
  • Four of the team’s attorneys are fellows of the prestigious American College of Bankruptcy. One partner served as Third Circuit regent of the American College of Bankruptcy and another partner served as chairman of the American College of Bankruptcy Foundation and is a past chair of the American College of Bankruptcy.
  • Many members of the group write and lecture extensively on issues involving corporate restructuring and bankruptcy.

Experience

Creditors’ Committees of Unsecured Creditors In Diverse Bankruptcy Cases

  • Kaiser Gypsum, counsel to creditors’ committee of gypsum manufacturer (Charlotte, NC).
  • Performance Sports Group, counsel to unsecured creditors’ committee in Chapter 11 bankruptcy case of manufacturer of Bauer Hockey, Easton Baseball, and other performance sports equipment and apparel, in conjunction with parallel cross border CCAA proceedings in Canada (Wilmington, DE).
  • TWA, counsel to creditor’s committee in multibillion dollar international airline Chapter 11 case (Wilmington, DE). 
  • MSD Performance, counsel to creditors’ committee for specialty ignition system manufacturer in its chapter 11 rehabilitation (Wilmington, DE).
  • Mortgage Lenders Network USA, Inc., counsel to creditors’ committee of subprime mortgage loan originator and loan servicer that had in excess of $17 billion in servicing assets as of the filing (Wilmington, DE).
  • MediCor, counsel to creditors’ committee of medical device company (Wilmington, DE).
  • New Century Financial, co-counsel to creditors’ committee of one of the largest subprime mortgage lenders in the United States, with assets of more than $26 billion (Wilmington, DE).
  • American Home Mortgage, co-counsel to creditors’ committee of tenth largest U.S. mortgage lender in its Chapter 11 (Wilmington, DE).
  • Nobex, counsel to creditors’ committee of development stage bio pharma company (Wilmington, DE).
  • American Safety Razor, co-counsel to creditors’ committee in consumer product manufacturer Chapter 11 cases (Wilmington, DE).
  • Friendly’s, co-counsel to creditors’ committee in the Chapter 11 of a full-service restaurant chain and ice cream manufacturer (Wilmington, DE).
  • Weirton Steel, counsel to unsecured creditors’ committee of steel manufacturer (Wheeling, WV).
  • Merry-Go-Round Enterprises, counsel to creditors’ committee for chain of 1,400-store specialty fashion retailer (Baltimore, MD).
  • Movida Communications, counsel to creditors' committee in telecom reseller Chapter 11 (Wilmington, DE).
  • Pittsburgh Canfield Corp. (Wheeling Pittsburgh Steel Corp.), counsel to creditors’ committee of steel manufacturers (Youngstown, OH).
  • Bill’s Dollar Stores, counsel to Chapter 11 creditors’ committee for retail chain of 500 locations (Wilmington, DE).
  • AES Thames, counsel to creditors’ committee in Chapter 11 case of the operator of a Connecticut power plant (Wilmington, DE).
  • Solyndra, counsel to the creditors' committee of a green energy developer and manufacturer (Wilmington, DE).

Secured Lenders and Select Creditor Representations

Blank Rome represents creditors with secured positions at various levels to protect and preserve their positions and maximize their recovery in Chapter 11 proceedings and out-of-court restructurings.

  • AgFeed USA, co-counsel to senior secured creditors in international hog producer Chapter 11 (Wilmington, DE).
  • Anchor Blue Clothing Company, counsel to secured lender paid in full from replacement DIP financing proceeds, and Delaware counsel to prepetition lender.
  • I. Goldberg & Co, representation of senior secured lender in successful Chapter 11 case of regional retail clothing & sporting goods chain (Philadelphia, PA).
  • Le Nature’s, counsel to senior secured lender in the chapter 11 cases of a bottler and beverage company and related litigations over $805 million fraud (Pittsburgh, PA).
  • A prepetition secured lender, in connection with aircraft parts financing in lender liability, fraudulent transfer, breach of alleged fiduciary duty adversary proceeding, and related Chapter 11 case issues. The dispute involved complex expert valuation, lending standards, and lender obligation issues. The matter settled on favorable terms.
  • Perkins & Marie Callender’s, counsel to entities consisting of secured and unsecured noteholders in the Chapter 11 of family-dining and casual-dining restaurants (Wilmington, DE).
  • Tidewater, maritime and restructuring counsel to group of holders of $500 million senior notes in connection with negotiation of covenant relief and grant of mortgages in vessel and/or vessel-owning subsidiaries (New Orleans, LA).
  • Wet Seal, counsel to trade creditor and member of creditors’ committee in the 2015 bankruptcy proceeding of teen apparel retailer (Wilmington, DE).
  • Aéropostale Inc., counsel to trade creditor and member of creditors’ committee in the bankruptcy case of teen apparel chain (New York, NY).
  • Adelphia Communications, counsel to institutional pre-petition lender in multibillion-dollar Chapter 11 case (New York City).
  • Enron, counsel to the creditors, obligors, and defendants in multibillion-dollar Chapter 11 of major energy supplier (New York City).
  • Bradlees Stores, Inc., counsel to various trade creditors in mega retail Chapter 11 case (Wilmington, DE).
  • Kmart, representation of major creditors and preference defendants in mega retail chain Chapter 11 case (Chicago, IL).