We were lead counsel for the Wornick Companies (“the Companies”) in a sale to its bondholders who held 85% of the publicly-traded debt securities of the Companies through a Chapter 11 Plan of Reorganization. The value of the transaction was $85 million.  We were also lead counsel for the debtor in the Chapter 11 bankruptcy proceedings in the Western Division of the Southern District of Ohio. The Wornick Companies is a leading supplier of Meals Ready to Eat (MRE) to the armed services.

We represented Milacron Inc. as lead counsel in the sale of the company and its numerous international subsidiaries (“Milacron”) to bondholders, who held over 90% of the publicly-traded debt securities of Milacron through a Section 363 asset sale in connection with Milacron’s Chapter 11 restructuring. The transaction value was approximately $175 million. Our firm also represented Milacron as lead counsel in the Chapter 11 bankruptcy proceeding in the Western Division of the Southern District of Ohio. Milacron is a major solutions provider to the plastics-processing industries and a leading supplier of premium fluids to the metalworking industries.

As a result of sweeping healthcare reforms and changes to health insurance requirements and regulations, independent hospitals all over the country are facing significant shortfalls in revenues. We were lead counsel for New Horizons Health Systems, a hospital located in Central Kentucky, in its Chapter 11 bankruptcy proceedings and in its sale to the St. Elizabeth hospital network.  The sale allowed for healthcare services to remain available to area residents and a successful wrap-up of the case.

Following an over-expansion of full service bookstores and facing declining demand as a result of general economic conditions and a change in the competitive landscape of bookstores, Joseph Beth sought bankruptcy protection in hopes of maintaining operations at the profitable stores, right-sizing the debt obligations and allowing a fresh start to focus on the available growth strategies. We represented Joseph Beth Booksellers, Inc. and two of its affiliates (“Joseph Beth”) as general bankruptcy counsel. We guided them through an auction process that substantially improved recoveries from the initial offers submitted.  The operating bookstores were sold to multiple groups, with the majority of the initial stores remaining open and in business. Joseph Beth is a full service bookstore and café enterprise.

We have been involved in all the recent major coal bankruptcy cases: Patriot, James River, Arch, and Alpha in various capacities – representing lessors, unsecured creditors and purchasers, as well working on dozens of smaller cases in similar roles.

We handled the reorganization of a real estate company owning more than $1 Billion of rental properties. The restructuring was designed to be completely tax-free, and to allow for the tax-free award of ownership interests in selective properties to various key employees who have management or supervisory responsibilities with respect to those specific properties. The permutations of pairing such executive awards to specific properties were numerous, and the structure was designed to allow for such selective award of ownership interests in a manner that was not only tax free to the company and the executives, but to also allow for such ownership through a common holding company for maximum simplification, for retention of control in the hands of the majority owner, and for appropriate asset protection insulation among properties and from non-property creditors.

We served as lead Debtor’s counsel to Berean Christian stores in a Chapter 11 bankruptcy case filed in the Southern District of Ohio.  Berean was a regional chain of Christian bookstores. As a result of a strategy to grow the business and subsequent softness in the economy, same store sales plummeted.  Facing a liquidity crunch, the Company began looking at restructuring alternatives and after a robust marketing process entered into an asset purchase agreement with a going concern purchaser prior to filing, subject to a bankruptcy sale process. The prospective purchaser provided DIP financing. Although there were bids from many liquidators, we were able to consummate the 363 sale transaction with the going concern buyer and preserve many jobs.

We served as lead bankruptcy counsel for Ormet Corporation in the Chapter 11 bankruptcy proceeding filed in the District of Delaware. Our representation included advising Ormet on all aspects of financing, negotiations with PBGC, union, lenders and electric suppliers, representing Ormet in a public utilities rate case, sale of going concern business unit, sale of assets, termination of pension plan, and modifications of collective bargaining agreement.

We served as Lead Debtor’s Counsel and Counsel for Chapter 11 Trustee in the Berkeley Premium Nutraceuticals, Inc. bankruptcy case. Berkeley was a leading supplier of nutritional supplements. Approximately 75% of the Debtor’s sales were direct-to-consumer transactions. Berkeley was faced with an investigation from the Federal Trade Commission, a class action lawsuit alleging improper marketing and sales practices, and State Attorneys General lawsuits alleging improper sales and marketing practices. In addition, the United States Marshals Service, with the assistance of the Federal Bureau of Investigation and the United States Postal Inspector raided the Debtor’s headquarters. Criminal charges were filed against the Debtor and several employees of the Company. The jury found the Debtor guilty, as well as certain employees. The trial court ordered a $459,000,000 forfeiture judgment against Berkeley to the United States Government and a criminal penalty. The trial court appointed a federal monitor. The U.S. Government sought the appointment of a federal receiver. We were engaged less than a week before filing bankruptcy. A weekend long of negotiations with the federal monitor and the United States Government resulted in the filing of the Chapter 11 case and the immediate request for the appointment of a Chapter 11 Trustee. The parties worked together with the various governmental agencies to effectuate a sale of the going concern business to a third party buyer and preserving many jobs.

We served as lead bankruptcy counsel for Huffy Corporation in the Chapter 11 bankruptcy proceeding filed in the Southern District of Ohio.  Our representation of the debtors included numerous disclosure issues, financing - debtor-in-possession and exit financing, sales of certain business units, negotiations with Chinese trade vendors, termination of pension plan, and restructure of debt.

We assisted the Debtors in a successful restructuring and refinancing of debt.

We assisted the Debtors in a successful pre-arranged debt restructuring.

We served as bankruptcy counsel in the Chapter 11 bankruptcy proceeding filed in the Eastern District of Kentucky. Our representation of the debtors included advice regarding financing, an FBI investigation, and the sale of bookstores. Kim Martin Lewis also represented the Liquidating Supervisor successfully arguing before the U.S. Supreme Court regarding the issues of sovereign immunity as they relate to bankruptcy.

We represented Kentucky League of Cities and Kentucky Bond Corporation in the Chapter 9 bankruptcy of the City of Hillview.  We evaluated the issues of eligibility and claim priorities.  We worked with the City of Hillview in reaching a path forward for the City in dismissing its Chapter 9 bankruptcy.