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OVERVIEW

Creditors’ Rights, Restructuring and Bankruptcy Changing Conditions

Our attorneys are dedicated to navigating each client through even the most serious economic challenges – whether litigation, an issue involving the Uniform Commercial Code, or with a front-line loan document, we are committed to protecting our clients and serving their best interests.

With one of the largest bankruptcy practices of its kind in the United States, Barnes & Thornburg advises creditors on virtually all types of insolvency and restructuring, bankruptcy and ensuing litigation. We assist a multitude of creditors across the country in commercial, financing and other transactions on a local, regional and national basis, and regularly appear in significant Chapter 11 cases and other proceedings.

Our hands-on experience in major U.S. bankruptcy courts is supported by our ability to provide financial efficiencies and value under the threat of diminishing returns. Not only do we bring the full extent of our firmwide commercial law practice to problem-solving, but also a selection of our attorneys have worked in business before joining our team and understand, from practical experience, distressed company situations.

Our deep knowledge and competency in insolvency matters of all sizes allow us to serve as lead counsel in some of the largest bankruptcies in the country. Our industry and market experience is also far-reaching, and ranges from real estate, agriculture, healthcare and manufacturing to technology, communications, media, entertainment and financial services.

Although our practice is focused primarily on creditor representation, many of our attorneys have advised debtors. As a result, we bring a truly multidimensional perspective to overcoming even the most daunting obstacles of financial crisis management and strategy.

Practice Leaders

Mark Owens, Washington D.C. Attorney

Mark R. Owens

Partner
Finance, Insolvency and Restructuring Department Chair, Motorsports Practice Chair

Washington, D.C., Indianapolis, Delaware

P 317-231-7459

F 202-289-1330

EXPERIENCE
  • A Barnes & Thornburg attorney represented appellee Official Committee of Unsecured Creditors of debtors in possession of a global telecommunications company. The Court of Appeals affirmed lower courts’ rulings in favor of debtors and committee, holding that “police power” exception to automatic stay provision of Bankruptcy Code did not apply to pension plan funding proceedings in United Kingdom initiated by private parties. In re Nortel Networks, Inc., 629 F.3d 128 (3d Cir. 2011). (This matter occurred prior to the attorney joining Barnes & Thornburg LLP.)
  • Assisted client in negotiating, documenting and securing approval of purchase of significant limestone reserves and other assets from Bankruptcy Estate. In re Smith Mining Materials, Inc., No. 06-30259 (Bankr. W.D. Ky. 2006).
  • Barnes & Thornburg, LLP represented a large private equity company in connection with the acquisition of a municipal solid waste landfill in the Southwestern United States as part of the client's nationwide expansion of its solid waste management facility platform.
  • Representation of ad hoc committee of suppliers in preferential and fradulent transfer adversary proceedings related to Chapter 11 case of national home builder.
  • Representation of aircraft purchasers in Chapter 11 case of aircraft manufacturer.
  • Representation of automotive suppliers, aircraft lessor, health insurance provider, and governmental authorities with tax claims in Chapter 11 case of tier one automotive supplier.
  • Representation of construction lien claimant/developer of multi-million dollar landfill in Chapter 11 cases of paper manufacturers.
  • Representation of debtor as special labor counsel in Chapter 11 case of industrial goods manufacturer.
  • Representation of examiner in Chapter 11 case of propane service provider.
  • Representation of fiber optic network exchange carrier in Chapter 11 case of telecommunications provider.
  • Representation of health care insurance provider and tool vendor in Chapter 11 case of tier one automotive supplier, including $20 million preference litigation.
  • Representation of health care insurance provider in Chapter 11 case of automotive supplier.
  • Representation of health care insurance provider in Chapter 11 case of national baked goods corporation.
  • Representation of health care insurance provider in Chapter 11 case of tier one automotive supplier.
  • Representation of health care insurance provider in Chapter 11 case of tier one automotive supplier.
  • Representation of health care insurance provider in Chapter 11 case of tier one automotive supplier.
  • Representation of investors in bank development entities in Chapter 11 case of bank holding company.
  • Representation of largest trade creditor in Chapter 11 case of fast food franchisor.
  • Representation of national bank in appeal related to Chapter 7 case of debtor engaging in Ponzi scheme.
  • Representation of numerous non-residential real property lessors in Chapter 11 case of movie rental chain.
  • Representation of numerous parts suppliers and tool vendor in Chapter 11 case of tier one automotive parts supplier.
  • Representation of Official Committee of Unsecured Creditors in Chapter 11 case of a steel fabricator.
  • Representation of Official Committee of Unsecured Creditors in Chapter 11 case of machinery manufacturer.
  • Representation of parts supplier in Chapter 11 case of automotive parts supplier.
  • Representation of secured lender and asset purchaser in Chapter 11 case of automotive parts supplier.
  • Representation of state district court in Chapter 9 case of municipality.
  • Representation of surety bond issuer in Chapter 11 case of national construction company.
  • Representation of the Official Committee of Unsecured Creditors and the liquidation trustee in Chapter 11 case of fixture manufacturer.
  • Representation of the Official Committee of Unsecured Creditors in a Chapter 11 case of healthcare facilities.
  • Representation of tool vendor in Chapter 11 case of tier one automotive parts supplier.
  • Represented automotive supplier to key Detroit automakers in business restructuring and refinance transaction involving negotiation of agreements and accommodations with multiple constituencies, and documentation of refinancing transaction, business restructuring transactions and agreements with customers and suppliers in order to accomplish out of court resolution of multiple business and financial issues.
  • Represented financer of over 1500 leases between debtor and its customers in connection with assertion of claims against the debtor and financer, and with resolution of class action lawsuits lodged by customers of debtor throughout the U.S.
  • Represented key supplier and creditors’ committee member in connection with sizeable claims and obligations. Negotiated resolution of preferential transfer claims asserted against client.
  • Served as counsel to “stalking horse” bidder and successful acquirer in a Section 363 sale from Bankruptcy of assets of a scholastic photography business operating in New York and New Jersey. The transaction enabled the client to acquire new customer relationships by positioning itself to timely fulfill existing orders placed with the bankrupt business without disruption.
PROFESSIONALS

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