Creditor Representation in Business Bankruptcy
In re Charles Deweese Construction, Inc. (Bankr. W.D. Ky. 2022): Represents secured creditor and equipment lessor in chapter 11 bankruptcy case of paving company
In re Cineworld Group plc, et al. (Bankr. S.D. Tex. 2022): Represents commercial landlord in chapter 11 bankruptcy cases of movie theater entities
In re Penta State, LLC, et al. (Bankr. S.D. Tex. 2022): Represents secured creditor in chapter 11 bankruptcy cases of medical laboratory companies
In re BHCosmetics Holdings, LLC, et al. (Bankr. D. Del. 2022): Represented principal secured creditor in chapter 11 bankruptcy cases of cosmetics companies, including in 11 U.S.C. § 363 sales and structured dismissal
In re White Stallion Energy, LLC, et al. (Bankr. D. Del. 2020): Represents equipment lessor and secured creditor in chapter 11 bankruptcy cases of coal mining companies
In re Murray Metallurgical Coal Holdings, LLC, et al. (Bankr S.D. Ohio 2020): Represented mechanic’s lienholder in chapter 11 bankruptcy cases of coal mining entities and related adversary proceeding
In re Hopedale Mining, LLC, et al. (Bankr. S.D. Ohio 2020): Represented secured creditor and equipment lessor in chapter 11 bankruptcy cases of coal mining companies
In re Exide Holdings, Inc., et al. (Bankr. D. Del. 2020): Represented supplier and preference defendant in chapter 11 bankruptcy cases of battery manufacturer and related adversary proceeding
In re OGGUSA, Inc. (f/k/a GenCanna Global USA, Inc.), et al. (Bankr. E.D. Ky. 2020): Represented contract counterparty and administrative claimant in chapter 11 bankruptcy cases of agriculture company primarily engaged in hemp production
In re Shiloh Industries, Inc., et al. (Bankr. D. Del. 2020): Represented equipment lessor in chapter 11 bankruptcy cases of motor vehicle component manufacturers, including in 11 U.S.C. § 363 sale and related lease assumption process
In re BJ Services, LLC, et al. (Bankr. S.D. Tex. 2020): Represented trade creditor and member of Official Committee of Unsecured Creditors in chapter 11 bankruptcy cases of hydraulic fracturing and cementing providers
In re Americore Holdings, LLC, et al. (Bankr. E.D. Ky. 2020): Represented principal secured creditor in multi-hospital chapter 11 bankruptcy cases, including in 11 U.S.C. § 363 sale
In re Eastern Livestock Co., LLC, et al. (Bankr. S.D. Ind. 2014): Represented multiple livestock markets as creditors in chapter 11 bankruptcy cases, as defendants in adversary proceedings alleging preferential and fraudulent transfers, and as plaintiffs in related state and federal court civil litigation against secured creditor
Mechanic’s Lien Litigation
Murray Metallurgical Holdings, LLC, et al. v. AHR Metals, Inc., et al. (Bankr S.D. Ohio 2021): Achieved negotiated resolution for mechanic’s lienholder in adversary proceeding regarding nature, extent, and priority of lien asserted in chapter 11 bankruptcy cases of coal mining entities
Business Contract Analysis
Completed comprehensive review and revision of purchase and supply agreements for large automotive parts manufacturing company client to provide increased protections and bargaining power
Business Contract and Tort Litigation
OGGUSA, Inc. (f/k/a GenCanna Global USA, Inc.), et al. v. Southern Tier Hemp, LLC (Bankr. E.D. Ky. 2021): Part of SKO team that achieved negotiated resolution for corporate defendant in multi-million-dollar business tort and contract action involving complex questions about jurisdictional limits
Corporate Communication Development
Crafted internal messaging for large manufacturing client, including emails, presentations, and documentation, and revised internal policies and procedures to incorporate related changes to employee benefits program
Debtor Representation in Business Bankruptcy
In re Nurses’ Registry & Home Health Corp. and Nurses’ Registry & Home Health Corp. v. Burwell (Bankr. E.D. Ky. 2015): Represented debtor-in-possession home health provider in chapter 11 bankruptcy case and related adversary proceeding concerning use of cash collateral
In re Licking River Mining, LLC, et al. (Bankr. E.D. Ky. 2015): Represented debtors in possession in chapter 11 bankruptcy cases of coal mining companies
In re “Marina” (Bankr. E.D. Ky. 2014): Represented debtors in possession in chapter 11 bankruptcy cases of marina, restaurant, and lodging operator
In re “Real Estate Company I” (Bankr. M.D. Tenn. 2013) and In re “Real Estate Company II” (Bankr. W.D. Ky. 2013): Represented debtors in possession in chapter 11 bankruptcy cases of commercial real estate entities, including during contested evidentiary confirmation hearings
In re “Trucking Company” (Bankr. E.D. Ky. 2013): Represented debtor in possession in chapter 11 bankruptcy case of trucking company
In re Lykins Enterprises, Inc., et al. (Bankr. E.D. Ky. 2011): Represented debtors in possession in chapter 11 bankruptcy cases of fuel jobber and convenience store operator, including as plaintiffs in adversary proceeding concerning leases under 11 U.S.C. § 365
In re Treasure Isles, Inc. (Bankr. E.D. Ky. 2012): Represented debtors in possession in chapter 11 bankruptcy cases of restaurant operators
Preferential and Fraudulent Transfer Litigation
In re Exide Holdings, Inc., et al. (Bankr. D. Del. 2021): Represented supplier and preference defendant in adversary proceeding related to chapter 11 bankruptcy cases of battery manufacturer
In re Eastern Livestock Co., LLC, et al. (Bankr. S.D. Ind. 2014): Represented multiple livestock markets as defendants in adversary proceedings involving preferential and fraudulent transfer claims
In re Appalachian Fuels, LLC, et al. (Bankr. E.D. Ky. 2011): Represented Official Committee of Unsecured Creditors in chapter 11 bankruptcy cases of coal mining entities and as plaintiff in multiple adversary proceedings involving preferential and fraudulent transfer claims
Summary Judgment in Avoidance Action Litigation
Higgason v. Porter (In re New) (Bankr. E.D. Ky. 2013): Obtained summary judgment that chapter 7 bankruptcy trustee could not avoid an unrecorded land sale contract between non-debtor sellers and debtor purchasers
Summary Judgment in Debt Dischargeability Litigation
Dickinson v. Fister (Bankr. E.D. Ky. 2010): Obtained summary judgment on behalf of creditor that debtor’s debt to creditor was not dischargeable under the United States Bankruptcy Code
Representation of Potential Purchaser in Chapter 11 Bankruptcy
Represented potential purchaser in proposing competing plan of reorganization in chapter 11 bankruptcy case of hospitals in the U.S. Bankruptcy Court for the Southern District of Indiana