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Representative Matters

Out-of-the-box thinking is critical to the successful outcome of any obstacle or opportunity in business, whether it be the resolution of creditor-debtor liabilities, bankruptcy or business litigation, corporate restructuring or the sale or purchase of a business. For the past 39 years, Frank Wright has represented key players in various industries including:

Entertainment

  • Represented a national movie theater chain in its Chapter 11 bankruptcy proceedings resulting in the successful confirmation of a plan of reorganization that converted its secured debt to equity and allowed the company to exit bankruptcy with the majority of its locations.
  • Represented a regional movie theater chain in an informal workout of its debt obligations.

Oil and Gas

  • Represented a midstream energy company that provides gas gathering and processing services in its Chapter 11 bankruptcy proceeding resulting in the successful emergence of the company from bankruptcy via a consensual structured dismissal.
  • Represented the largest land drilling company in the U.S. in its Chapter 11 bankruptcy proceedings resulting in the successful confirmation of a plan of reorganization that implemented a novel court-approved escrow through which hundreds of millions of dollars were processed for continued drilling of wells and payment of vendors.
  • Represented oil and gas investment companies in their Chapter 11 bankruptcy proceedings involving foreign investors resulting in successful confirmation of a plan of reorganization that involved taking title to properties by eminent domain.
  • Represented the largest secured creditor (holding over $100 million in debt) of an oil and gas producer in its Chapter 11 bankruptcy proceedings resulting in the confirmation of a creditors’ plan, formation of multiple litigation trusts and successful litigation against various parties.
  • Represented the largest secured creditor of an oil and gas company in the litigation of breach of contract, fraud and tortious interference claims against the parent company resulting in a judgment in excess of $24 million which was upheld by the District Court and the Fifth Circuit Court of Appeals.

Real Estate

  • Represented a luxury resort hotel in its Chapter 11 bankruptcy proceedings involving a prepackaged plan to restructure its debt obligations.
  • Represented the Debtor, the owner of a very large undeveloped real estate tract, in the successful confirmation of a plan of reorganization that implemented a sale of the property and the resolution of the debts of multiple lien holders with differing priorities.
  • Represented a third-party purchaser in the Chapter 11 bankruptcy proceeding of a multi-family property resulting in recovery of costs for providing a substantial benefit to the estate. The case resulted in a reported decision by the Fifth Circuit Court of Appeals.
  • Represented the Debtor, the owner of an entire town, in its Chapter 11 bankruptcy proceedings resulting in the successful confirmation of a plan of reorganization that restructured the secured debt and provided for the continued development of the property by voting the town “wet” and funding the plan through the sale of tracts to beverage companies.
  • Represented the Unsecured Creditors’ Committee in the Chapter 11 bankruptcy proceeding of the real estate arm of a world-wide syndicate and the successful confirmation of a creditors’ plan of reorganization and formation of a litigation trust to pursue recoveries for the benefit of creditors.
  • Represented the secured creditor of a multi-family real estate property in its Chapter 11 bankruptcy proceedings resulting in the confirmation of a consensual plan and the successful appeal of an assignment of rents issue.
  • Represented the secured creditor, a public employee retirement system, of a merchandise mart in its Chapter 11 bankruptcy proceeding resulting in the successful confirmation of a creditor’s plan of reorganization.

Manufacturing

  • Represented the debtors, manufacturers of metal dormitory furniture for military bases and universities across the United States, in their Chapter 11 bankruptcy proceedings resulting in the settlement of a FCA claim of over $100 million and confirmation of a plan of reorganization.
  • Represented the debtor, a leading designer, and manufacturer of plastic container products, in its Chapter 11 bankruptcy proceedings resulting in the successful confirmation of a liquidating plan that proved that sometimes the parts are worth more than the whole. The sale of the company in parts resulted in full payment of creditors and a return to equity not possible with a sale of the company as a whole.
  • Represented the debtor and its U.S. affiliates, manufacturers of after-market printer cartridges and other products, in their chapter 11 bankruptcy proceedings resulting in the successful resolution of secured debt in excess of $140 million and patent and trademark litigation and the confirmation of a plan of reorganization.
  • Represented a manufacturing company with respect to claims under the False Claims Act in excess of $100 million resulting in a consensual settlement of the litigation through the confirmation of a plan of reorganization.

Healthcare

  • Represented the debtor, a publicly-held healthcare company that specialized in providing home healthcare services and products with more than 280 affiliates and subsidiaries in 35 states, and twenty-four of its subsidiaries in its Chapter 11 proceedings resulting in the successful confirmation of a “cramdown” plan of the secured lenders holding over $275 million in debt and setting precedent for “cramdown” interest rates in chapter 11 cases with reported decisions through the Sixth Circuit Court of Appeals.

Transportation

  • Represented Debtor, the largest used business jet dealer in the world, in its Chapter 11 bankruptcy proceedings resulting in the successful confirmation of a plan of reorganization.
  • Represented the Unsecured Creditors Committee of a trucking company in its Chapter 11 bankruptcy proceedings resulting in the successful confirmation of a consensual plan of reorganization.
  • Represented the Debtor, an airfreight company, in the successful confirmation of a plan of reorganization which led to the formation of a world-wide airfreight company.

Finance

  • Represented the largest subordinated note holder of a public finance company and its affiliates in their Chapter 11 bankruptcy proceedings resulting in the successful confirmation of a consensual plan of reorganization.
  • Represented a secured creditor of a subprime automobile lender and its affiliates in their Chapter 11 bankruptcy proceedings resulting in the confirmation of a consensual plan of reorganization.

Construction

  • Represented the Unsecured Creditor’s Committee of a construction company and its affiliates in their Chapter 11 bankruptcy proceedings resulting in the successful confirmation of a plan of reorganization.
    Represented a drilling company in a successful out-of-court workout of liabilities resulting from a failed construction contract.

Hospitality

  • Represented the largest secured creditor in a multi-state bankruptcy of a hotel/casino resulting in the successful confirmation of a plan of reorganization and resolution of lien priority litigation.
  • Represented the debtor and its affiliates, the owner of a restaurant chain, in its Chapter 11 bankruptcy proceedings and the successful confirmation of a plan and sale of the restaurant chain which permitted equity to maximize the value of the real estate leases.
  • Represented a restaurant chain in the sale of their business through a Chapter 11 plan of reorganization.

Technology

  • Represented a private company in the acquisition of a technology company.
  • Represented a private company in the acquisition of a technology company through a Chapter 11 plan of reorganization structured to maximize the retention of significant tax benefits.
  • Represented multiple wineries in preference litigation with a distributor in its Chapter 11 bankruptcy proceedings resulting in the successful settlement of preference litigation.
  • Represented an unsecured creditor of a technology company that had developed a web-based software platform for loan closings in its Chapter 11 bankruptcy proceedings resulting in the successful confirmation of a creditor’s plan that revived the debtor’s business, exchanged the creditor’s claim for all of the equity of the debtor and preserved the debtor’s significant tax benefits.’
  • Represented a private company in the acquisition of laboratory companies through a court-approved Section 363 sale.

Other Speciality Areas

  • Represented the debtor, a large trust estate, in its Chapter 11 bankruptcy proceeding resulting in the successful confirmation of a plan of reorganization involving the resolution of billions of dollars in debt.
  • Represented creditors of a provider of permission-based email marketing and communication solutions in its Chapter 11 bankruptcy proceeding and the successful confirmation of a creditors’ plan of liquidation.
  • Represented the debtor and its affiliates, the fourth largest food brokerage business in the United States, in the confirmation of a plan of reorganization and formation of a creditors’ trust that led to a multi-million dollar recovery for the benefit of creditors.
  • Represented the debtor, a waste management company, in its Chapter 11 bankruptcy proceedings resulting in the successful confirmation of a plan of reorganization.
  • Represented a public company in the acquisition of multiple world-wide direct selling businesses involving structuring the transactions to minimize the risks of existing and potential liabilities.

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