Bankruptcy, Creditors' Rights & Restructuring

We have experience that spans the bankruptcy, financial restructuring, and insolvency spectrum.

With more than 25 attorneys in our bankruptcy practice and over 1,000 attorneys and other professionals firmwide, Nelson Mullins possesses the resources to effectively represent any size company experiencing a credit or insolvency challenge.

We are business-oriented negotiators and litigators who are focused, efficient, and persuasive advocates. 

Our Insolvency team is nationally ranked and regionally recognized.

We Represent Debtors, Creditors, Stakeholders, and Litigation Targets, including:

• Banks, lenders, and other secured and unsecured creditors

• Businesses in need of reorganization or restructuring

• Bankruptcy trustees, receivers, and examiners 

• Creditors' committees 

• Healthcare providers 

• Franchisors and franchisees

• Indenture trustees 

• Landlords, developers, and property owners

• Energy companies

• Mass media companies

• Technology companies

• Manufacturers and retailers

• Insurers

The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Notable Debtor Representations

• In re FedNat Holding Company, et al., Case No. 22-19451 (Bankr. S.D. Fla. 2022). Represented FedNat Holding Company and its affiliated debtors in Chapter 11 cases involving an insurance holding company with over $200 million in liabilities.
• In re American Blue Ribbon Holdings, LLC, et al., Case No. 20-10161 (Bankr. D. Del. 2020). Represented American Blue Ribbon Holdings, LLC and its affiliated debtors in Chapter 11 cases involving its restaurant company brands Village Inn, Bakers Square and Legendary Baking. Confirmed the first chapter 11 plan post-COVID-19 pandemic.
• In re Life Settlements Absolute Return I, LLC, Case No. 17-13030-MFW (Bankr. D. Del. 2017). Represented chapter 11 debtors in consolidated chapter 11 cases. Debtors are a life settlements special purpose vehicle and its subsidiary holding company holding life insurance policies with estimated face value worth approximately $20.1 million faced with insolvency based on insureds outliving actuarial projections.

Notable Creditor Committee Representations

• In re Geokinetics Inc., et al., Case No. 18-33410 (Bankr. S.D. Tex). Represented the Official Committee of Unsecured Creditors in the Chapter 11 cases of global providers of seismic data acquisition, processing, and integrated reservoir geoscience services to the oil and natural gas industry. Obtained a carveout for the benefit of unsecured creditors from pre-petition lenders’ cash collateral.
• In re Americore Holdings, LLC, et al., Case No. 19-61608-GRS (Bankr. E.D. Ky.). Currently represent the Official Committee of Unsecured Creditors in Chapter 11 cases of three hospitals, a nursing school, and related medical office facilities serving underprivileged and rural communities in Missouri, Pennsylvania, and Arkansas. By filing bankruptcy, the Debtors were attempting to restructure over $100 million in secured and unsecured debt it could no longer service prepetition.
• In re Campbellton-Graceville Hospital Corporation, Case No. 17-40185-KKS (Bankr. N.D. Fla.). Represented the Official Committee of Unsecured Creditors in Chapter 11 case of a 25-bed critical access hospital in the rural panhandle of Florida.

Notable Plan Trustee Representations

• In re Geokinetics Inc., et al., Case No. 18-33410 (Bankr. S.D. Tex). Represented the Liquidating Trustee, following sale of the debtors assets and confirmation of a Chapter 11 liquidating plan.  Nelson Mullins’ representation of the liquidating trustee includes many causes of action, including claims against the debtor’s directors and officers and the prosecution of approximately 150 avoidance claims. 
• In re Health Diagnostics Laboratory, Inc., Case No. 15-32919 (Bankr. D. Va.). Currently represent liquidating trustee in connection with numerous state court litigation proceedings to collect assets of the liquidating trust in case involving debtor that operated an accredited, full service clinical laboratory that provided testing of biomarkers for the indication of risk for cardiovascular disease, diabetes, and other illnesses.
• In re Campbellton-Graceville Hospital Corporation, Case No. 17-40185-KKS (Bankr. N.D. Fla.). Currently represent the Liquidating Trustee of the Campbellton-Graceville Hospital Liquidating Trust to liquidate the assets of the trust, notably the prosecution of causes of action arising out of an alleged $300 million clinical laboratory billing scheme that was operated out of the Campbellton-Graceville Hospital, a 25-bed critical access hospital in the rural panhandle of Florida.

Notable DIP/Exit Lender Representations

• In re Vanguard Healthcare, LLC, Case No. 16-03296 (Bankr. M.D. Tenn. 2016). Represented exit financing lender in chapter 11 cases involving a long-term healthcare provider headquartered in Brentwood, Tennessee, providing rehabilitation and skilled nursing services at 14 facilities in four states (Florida, Mississippi, Tennessee and West Virginia).

Additional Representations

• In re Bucks County Oncoplastic Institute, LLC, Case No. 09-03570 (Bankr. MD TN).  Represented investment fund with multiple claims in a chapter 7 proceeding. The matter was successfully resolved resulting in a settlement that was very favorable to all parties involved.
• In re Remington Outdoor Company, Inc., et al., Case No. 20-81688 (Bankr. ND Ala.). Currently represent a logistics services provider in chapter 11 case involving America’s oldest and largest manufacturers of firearms, ammunition, and related products for commercial, military, and law enforcement customers throughout the world. Represented client in connection with negotiation of critical shipper status, motion to assume or reject lease, objection to claim, and currently representing them against a preference suit brought by the plan trustee.
• In re SAS AB, et al. Currently represent a logistics services provider in chapter 11 case involving a Scandinavian airline with a matter value of $50 billion. Representation of client includes negotiation of critical vendor status, assumption of contract, and other related issues.
• Lead counsel for Fortune 500 equipment manufacturer as secured creditor in Chapter 11 bankruptcy proceedings of equipment dealer. Recovered total claim of $3.2 million including under-collateralized receivables secured by equipment sold-out-of-trust.
• Lead counsel for Fortune 500 equipment manufacturer as secured creditor in Chapter 11 bankruptcy proceedings of equipment dealer. Negotiated Debtor-in-Possession Financing Agreement allowing dealer to continue selling client’s equipment, while protecting client’s security interest in pre- and post-petition financed collateral.
• Lead counsel for Fortune 500 equipment manufacturer as secured creditor in Chapter 11 bankruptcy proceedings of terminated equipment dealer.
• Lead counsel for specialty subcontractor as lienholder and secured creditor in Single-Asset Real Estate Chapter 11 case arising out of partially completed construction project in Fort Lauderdale, Florida.
• Lead counsel for general contractor as lienholder and secured creditor in Chapter 11 reorganization of Hertz Corporation. Obtained critical vendor status for client resulting in nearly full payment of seven-figure claim less than two months after bankruptcy proceeding commenced.
• Acquisition of subordinate debt secured by a portfolio of assisted living facilities throughout the United States, involving various intercreditor issues.
• Managed pension liability litigation in Hawker Beechcraft’s bankruptcy.
• Handled restructuring of Black News Channel and sale of its assets as an operating concern.
• Represented client in bid to purchase auto parts business from Takata as part of its restructuring.
• Handled asbestos litigation in the mass tort bankruptcies of W.R. Grace and Combustion Engineering.
• Largest equity holder of Quorum Health in a five-day evidentiary hearing on confirmation of the debtors' Chapter 11 plan of reorganization.
• Chapter 7 Trustee of CEVA Investments in a lawsuit against the former directors of the company for fraud and breach of fiduciary duty in connection with the transfer of CEVA's equity to an affiliate of Apollo.
• Successful recovery of nearly $100 million from indenture trustees on behalf of secured debt holders in Continental Airlines arising out of the trustees' breaches of fiduciary duty in failing to protect the creditors' interests in the collateral securing their debt. This case involved two trips to the New York Court of Appeals to clarify state law regarding champerty and the transfer of claims, as well as a three-week jury trial.
• Official Equity Committee in the Hercules Offshore Recovery bankruptcy.