Litigation

Creditor Committee Representation

Foley’s Bankruptcy & Business Reorganizations Practice is best distinguished by our representation of dozens of official committees in complex insolvency proceedings across the country and in almost every industry.

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Protecting and promoting creditors’ rights in insolvency is a particular strength of our practice. We represent individual creditors in complex restructuring and insolvency litigation matters and counsel clients regarding both proactive and responsive solutions in distressed environments. In addition, we are often selected to serve as counsel to the official committee of unsecured creditors in Chapter 11 cases. We coordinate a constant flow of information to our committee constituency, empowering them to make fully informed decisions in the course of such cases.

A successful result in a committee case often depends upon industry-specific knowledge, or experience in a relevant non-bankruptcy area of law. We regularly draw on our firm’s experience in relevant, non-bankruptcy disciplines, such as real estate, tax, ERISA, labor and employment, securities, and finance. In addition, we are renowned for our use of sophisticated information-sharing technology with clients and creditor constituencies, providing cost-savings as well as easier access and more thorough and detailed communication about issues with our clients.

Representative Experience

  • Northwest Senior Housing Corporation: Represented the Official Committee of Unsecured Creditors for the Edgemere, a luxury continuing-care retirement community located in Dallas, Texas with approximately 330 current residents.
  • Loves Furniture: Represented the Official Committee of Unsecured Creditors in the chapter 11 bankruptcy case of Loves Furniture Inc.
  • Shiloh Industries: Represented the Official Committee of Unsecured Creditors in the chapter 11 automotive bankruptcy case of Shiloh Industries.
  • Chrysler: Represented multiple unsecured trade creditor suppliers, including fifth largest unsecured creditor as member of Official Committee of Unsecured Creditors.
  • Energy Conversion Devices: Represented Official Committee of Unsecured Creditors in the chapter 11 case of the world’s largest producer of flexible solar panels.
  • GM: Represented over 100 unsecured trade creditor suppliers in connection with critical vendor negotiations and long-term supply agreements post-chapter 11.
  • GST AutoLeather: Represented Official Committee of Unsecured Creditors in chapter 11 of major automotive supplier.
  • Guaranty Financial Group: Represented creditors’ interests in 10th largest bank failure in the U.S in chapter 11 case and Trustee and Oversight Committee post-confirmation.
  • Hyro-Spa, Inc.: Represented Official Committee of Unsecured Creditors in chapter 11 of manufacturer of above-ground spas.
  • New Comm, Inc.: Represented Official Committee of Unsecured Creditors in chapter 11 of pre-paid mobile phone distributor in Puerto Rico.
  • Schwartz-Electro Optics: Represented Official Committee of Unsecured Creditors in chapter 11 of manufacturer of tracking enabled military vests for soldiers in the field.
  • Sheehan Pipe Line Construction Co.: Represent Official Committee of Unsecured Creditors in chapter 11 involving multi-state oil & gas, construction, and surety issues.
  • Stillwater Asset Backed Offshore Fund: Represent petitioning creditors in connection with involuntary petition and Official Committee of Unsecured Creditors in chapter 11 case and trust liquidating Stillwater and its related Funds.
  • S-Trans Holding, Inc.: Represented Official Committee of Unsecured Creditors in chapter 11 of affiliated trucking companies.
  • Takata: Represent multiple suppliers and unsecured creditors in connection with Takata bankruptcy.
  • Terion, Inc.: Represented Official Committee of Unsecured Creditors in chapter 11 of manufacturer of tracking technology in over-the-road semi-trailers.
  • Toys R Us: Represent one of the largest unsecured trade creditors in chapter 11 proceedings.
  • U.S. Coal: Represented Official Committee of Unsecured Creditors in the chapter 11 coal case.