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CREDITOR'S RIGHTS AND BANKRUPTCY:

Representative Cases

Representative cases for the Bankruptcy and Creditors' Rights practice group are listed below.

Fullplay Media Systems, Inc.
Our lawyers represented this media technology company in its Chapter 11 case and managed the process of an orderly liquidation that is anticipated to pay creditors in full and also some portion of the amount invested by preferred shareholders. The amount of the distribution may be affected by litigation that is currently pending on appeal.


Bonner Mall Partnership
Our lawyers represented the senior secured lender on a multi-million dollar loan to the owner and operator of a shopping mall in Chapter 11 in Idaho. The lender's objection to the proposed treatment of its claim under the debtor's plan ultimately reached the United States Supreme Court.


edge2net, Inc.
Our lawyers represented the unsecured creditors' committee in the Chapter 11 case of this telecommunications company. We prosecuted an action to subordinate certain insider lenders to the company, culminating in a favorable settlement that returned a significant distribution to unsecured creditors.


Classic Catering, LLC
Our lawyers represented this catering company in its Chapter 11 case, culminating in an approved plan of reorganization that paid unsecured creditors in full over time. A significant aspect of the plan was the provision for a repayment arrangement for the company's IRS obligations that required the IRS to apply payments first to payroll tax obligations which otherwise would remain the obligation of the potentially responsible individuals.


Omega Environmental, Inc.
Our lawyers represented the senior secured lender on a substantial loan to this national environmental remediation services provider. When the company filed for protection under Chapter 11, we successfully negotiated post-bankruptcy financing for the company's operations.


Lamonts Apparel Inc.
Our lawyers represented the unsecured creditors' committee in the first Chapter 11 case of this regional retailer. We successfully negotiated a plan of reorganization that returned to unsecured creditors a substantial portion of their total claims.


Canadian Medical Protective Association
Our lawyers represented this group self-insurance association in connection with potential claims arising out of the Chapter 11 case of the Dow Corning Corporation, the breast implant manufacturer. We counseled the association with respect to its rights and capabilities in a United States bankruptcy case.


The Original Herbfarm, Ltd.
Our lawyers represented this owner and operator of a restaurant, retail and mail order business after the company's finances were severely damaged by a fire that destroyed the restaurant building. We successfully negotiated an out-of-court arrangement with the company's creditors and transferred the necessary tangible and intangible property to a new company that allowed the restaurant to be re-opened in a new location.


Worldpoint Logistics, Inc.
Our lawyers represented an unofficial committee of unsecured motor and rail carriers in litigation against the debtor's senior secured creditor seeking to subordinate the creditor's secured claim to the carriers. In addition our lawyers represented several defendants against the debtor's claims seeking to recover preferential transfers.


United States Lines, Inc.
Our lawyers represented the trustee in litigation, including appeals, against the debtor's insurance companies seeking turnover of the proceeds of insurance policies in order to fund payments to claimants asserting personal injury based on exposure to asbestos in the course of their employment for the debtor, resulting in an order directing the insurance companies to pay those sums to the trustee, which was upheld on appeal.


Colonial Realty, Inc.
Our lawyers represented the trustee in the administration of this case, including claims against the debtor's banks and underwriters, as well as litigating adversary proceedings to recover preferential transfers. In addition, our lawyers represented the trustee in cooperating with the United States Attorney, which had filed criminal fraud charges against the two principals of the company, resulting in substantial prison terms for both principals.


Jeffrey Lavigne, M.D.
Our attorneys represented the trustee in the administration of this case, including litigation against the debtor's malpractice insurance carriers, which resulted in payment of the policy limits of the malpractice policies, which funded a plan that paid substantially all of the malpractice claims of the debtor's former patients.

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