Thievon-Wright Consulting Group

Representative Cases

Our attorneys have represented parties in the following types of engagements:

Debtor:

A time share developer/operator in a confirmed Chapter 11 reorganization.   This case involved numerous contested issues, but after prevailing in a lengthy valuation trial, we were able to settle with the primary lender, which resulted in confirmation of a consensual plan of reorganization.

A large provider of heavy crane equipment to the construction industry.   This case involved more than 10 lenders and collateral located throughout the United States.  After negotiating with the various lenders, the debtor was able to locate a buyer, and we negotiated the sale of substantially all of the debtor’s assets in a transaction valued at approximately $50,000,000, which was consummated under a confirmed plan of liquidation.

A provider of heavy crane equipment.  This case involved several lenders, with whom we negotiated and ultimately resulted in the confirmation of a consensual plan of reorganization.

Workouts:

While strategic reasons may exist in support of a Chapter 11 filing, we generally advise clients in an effort to avoid Chapter 11 filings.   In doing so, we assist borrowers in renegotiating loans with lenders.  We work with clients in presenting their operations and financials to lenders with the goal of avoiding bankruptcy.   In light of our experiences in Chapter 11 cases, we are able to present lenders with analyses of potential recoveries and outcomes in Chapter 11 as a means of persuading lenders to work out the loans.  These clients sometimes include guarantors in negotiating personal guarantees with lenders.

Acquisitions:

A fund which held a secured claim against a hotel.  We were able to pursue a sale of the property and advised and assisted our client in credit bidding its claim and ultimately taking title to the hotel and related assets.

A fund in negotiating a debtor-in-possession loan to a debtor, the owner/operator of a chain of retail stores in several states.  Our client eventually credit bid its claim and acquired title to substantially all of the debtor’s assets.

A client in acquiring an office building.  We advised our client in presenting a “stalking horse bid” for the assets, which was ultimately approved, thus resulting in our client acquiring title.

A client in acquiring substantially all of the assets of a national call center operation.  We assisted the client in negotiating and documenting the transaction, and then in gaining approval of the sale under section 363 of the Bankruptcy Code.

Litigation:

A plan administrator in the prosecution of numerous avoidance actions under sections 547 and 548 of the Bankruptcy Code.

A liquidating trustee in the prosecution of numerous avoidance actions under sections 547 and 548 of the Bankruptcy Code.

Served as lead counsel to the debtor in connection with the sale of substantially all of the debtor’s assets in a transaction valued in excess of $300,000,000.