Bankruptcy, Financial Restructuring & Workouts

Client Service and Results-Oriented Practice
Stoll Keenon Ogden's Bankruptcy, Financial Restructuring and Workout Group counsels clients in all aspects of troubled credit situations, both inside and outside of the bankruptcy court arena.

The attorneys in this Group have a broad range of experience in bankruptcy, workout, lender liability, insolvency and crisis management matters. The Group assists business clients in insolvency-related engagements in an efficient and result-oriented manner, while providing the highest quality service possible.

The Group enjoys a statewide reputation for providing outstanding legal advice to all types of constituencies in insolvency situations. Acting in conjunction with other practice groups in the Firm, such as taxation, corporate, employee benefits and intellectual property, the Bankruptcy Group offers distinctive full service capabilities to its clients, including business debtors, secured creditors, unsecured creditors, investors, committees and lessors in any type of corporate restructuring, workout, bankruptcy, negotiation or litigation. The Group strives to use a comprehensive approach with the other groups in the Firm to quickly solve problems that arise in dealing with financially troubled businesses, and to restructure assets and liabilities for the greatest return to the parties.

Experience and Representative Engagements
Our experience includes the following areas:

• Corporate and individual business debtors in restructuring, reorganization and insolvency proceedings
  
• Out-of-court workouts and restructurings
  
• Advising all types of creditors including secured, unsecured and committees
  
• Assisting in issues arising in managing troubled companies
  
• Purchase and sale of assets or going concern businesses, both in and outside of bankruptcy
  
• Debtor-in-possession lending
  
• All types of bankruptcy and debtor/creditor litigation; including avoidance actions; lender liability; equitable subordination; validity, perfection, priority and enforcement of liens
  
• Involuntary proceedings
  
• Auctions, liquidations, going out of business sales and assignments for benefit of creditors
  
• Consumer-related issues including non-dischargeability, lien avoidance, guarantor issues and defense of consumer statutory claims
  
• Realty and equipment lessors’ issues
  
• Advice to asset based lenders, real estate lenders and all types of borrowers and creditors in state court foreclosures, workouts and restructuring outside of bankruptcy

Representative Engagements
The attorneys in the Bankruptcy Group have been involved in most significant bankruptcy matters in Kentucky over the past 15 years, as well as a vast number of significant state and federal district court matters and matters which have been consensually resolved without litigation. Some of our representative engagements include the following:

Eastern District of Kentucky
Cook & Sons Mining Company (purchaser of assets)
Black Diamond Mining Company (secured lender and equipment lender)
Samaritan Hospital (utility creditor and preference defendants)
J. Peterman Company (DIP counsel)
Embry & Company, Inc. (DIP counsel)
Heleringers, Inc. (DIP counsel)
Trilex (DIP Co-Counsel)
Eagle Carriers (DIP Counsel)
Pavilion Health Care Center, Inc. (DIP counsel)
International Plastics, Inc. (DIP counsel)
Paintsville Foods Inc. (DIP counsel)
Special Metals (Committee Co-Counsel)
Maloney Enterprises, Inc. (Committee counsel)
Kentucky Coal Producers Self-Insurance Fund (Committee counsel)
Grayson Loan Co., Inc. (Committee counsel)
Vires Coal Sales, Inc. (Committee counsel)
Mountain Mineral Coal Co. (Committee counsel)
Spendthrift Farm (major secured lender counsel)
Calumet Farm (major secured lender counsel)
Century Offshore Management (major secured lender counsel)
ATI/TIH (major secured lender counsel)
Wallace Wilkinson/WBI (largest unsecured creditor)
Quaker Coal Company (secured lender/lessor)
Foodtown Grocery (major secured lender)
Horizon Coal (asset sale bidders)
Lodestar Energy, Inc. (special counsel for Trustee)
Knox County Hospital (equipment vendor and preference defendants)

Western District of Kentucky
Smith Mining/Brooks Sand and Gravel (successful asset bidder)
Jockey's Guild, Inc. (debtor's counsel)
Health Essentials (preference defendant)
Thermoview Industries (multiple preference defendants)
Prajna Group, Inc. dba Liberty Mortgage Funding (largest warehouse lending creditor)
Home Care and Hospital Management (preference defendants)
Ervin Moff Enterprises, LLC (secured shopping center lender)
Perennial Health Beloit, Inc. (major secured lender counsel)
Louisville Manufacturing Co., Inc. (major secured lender counsel)
Hedges Excavating, Inc. (equipment lessor counsel)
Military Channel (potential asset purchaser counsel)
U.S. Colors (DIP counsel)
Redball Inc./Norcross Footwear (DIP counsel)
Lightyear Communications (Major Unsecured Creditor)
Jillian’s (largest secured equipment vendors, asset bidders and numerous preference action defendants)
Advanced Chemtech (asset bidders and intellectual property license holders)

Other Jurisdictions
CDX Gas, LLC, et al. (Houston) (executory contract party)
Metalforming Technologies, Inc. (Delaware) (commercial lessor)
Tower Automotive (New York) (trade creditors and preference defendants) 
Eckart (Indiana) (preference defendant)
Inacom Corp. (Delaware) (preference defendant)
The Olympia Group, Inc. (California)(intellectual property licensee)
Midwest Lumber Dimension, Inc. (Indiana) (major secured lender)
Peachtree Ridge Mining Company (West Virginia) (major creditor/lienholder)
Advocacy and Resources Corporation ( Tennessee) (major unsecured creditor and post petition vendor)