Insolvency, Restructuring and Bankruptcy


“We deliver expert advice, immediate attention to the problem confronting our clients and creative alternatives to help our clients accomplish their goals.”

Solutions That Protect Interests and Maximize Value 

In times of financial uncertainty, we offer our clients calm assurance and diligent representation in protecting their interests and achieving their goals. For distressed businesses, our extensive experience enables us to help clients fashion plans for moving toward solid financial ground, whether that be through out-of-court workouts or chapter 11 bankruptcy cases. We have handled matters ranging from small workouts to the largest bankruptcy case in Nebraska history.

For lenders and other creditors, the depth of our experience and breadth of our practice enables us to pursue our clients’ interests around the country, but at rates far more economical than those charged by firms in larger markets. We have represented clients in numerous workouts and bankruptcy cases throughout the United States and elsewhere, including the bankruptcy hotspots of New York and Delaware.

Ultimately, we offer practical, creative, and realistic strategies to help you achieve success in distressed circumstances. We know that the path to success is not often a straight line, and we will help you maneuver through whatever disruptive challenges you may encounter.

Matters Reflecting Experience Include:

DEBTORS AND TRUSTEES

  • Specialty Retail Shops Holding Corp. (Shopko) and its debtor affiliates, as local counsel, in their chapter 11 bankruptcy proceedings filed in Nebraska.
  • Court-appointed chapter 11 trustee of Hearthstone Homes, Inc. in a bankruptcy case involving one of the region’s largest residential homebuilders.
  • Professional Veterinary Products, Ltd. in its Chapter 11 case, which involved over $40M in assets and $30M in liabilities.
  • Restorations & Renovations in a successful restructuring of its debt through Chapter 11
  • Altra Nebraska, LLC, an ethanol production company, in its Chapter 11 case which involved a sale of substantially all of its assets through a 11 U.S.C. § 363 sale.
  • Stage Stores in the successful acquisition of substantially all of the assets owned by chapter 11 debtor, Gordmans.
  • Numerous other debt restructurings and work-outs outside of bankruptcy court.

SECURED AND UNSECURED CREDITORS

  • Unsecured creditors’ committee in the bankruptcy of Sportsstuff, Inc., a case involving mass tort liability.
  • The Federal Deposit Insurance Corporation, in protecting its rights to a $25M-plus tax refund sought to be recovered by the Chapter 7 Trustee of TierOne Corporation.
  • The Federal Deposit Insurance Corporation as receiver for a bank in protecting its collateral interests through a foreclosure process, a chapter 12 family-farmer bankruptcy, and federal district-court litigation, ultimately obtaining a settlement with the debtors that yielded $2.4 Million more than had been offered prior to our engagement.
  • Secured creditor in a pharmaceutical bankruptcy, defeating a challenge to the client’s security position.
  • Numerous foreign creditors in the Coldwater Creek bankruptcy, successfully assisting them in stopping goods in transit, obtaining favorable sales terms for the goods, obtaining substantial distributions on administrative claims, defending against preference actions, and serving as proxy for one creditor that was a member of the unsecured creditors’ committee.
  • Large agricultural lender with over $30MM of outstanding loans in an organized liquidation of a large farming operation. Successfully obtained title to over 6,000 acres of collateral real estate and cash payments to satisfy the debt.
  • Significant experience with liquidation of forward contracts in bankruptcy and defense of avoidance claims using the “Safe Harbor” provisions of the Bankruptcy Code. This includes the successful defense of a $20 Million dollar preference claim seeking to recover payments for grain delivered pursuant to forward contracts. The decision, In re Cascade Grain Products, LLC, 465 B.R. 570 (2011), is one of the leading opinions on this issue.
  • Unsecured creditors’ committees, including those in the bankruptcy cases of Acceptance Insurance Companies, Inc., Golf USA, LLC, and Heartland Promotions, Inc.
  • Nebraska community bank in foreclosure of a multimillion-dollar loan secured by real estate containing potential environmental and safety hazards as a result of the Debtor’s undisclosed actions.
  • National agricultural lender in collecting loan against the debtor and guarantors of a multimillion-dollar loan to a cattle feedlot. Thereafter, represented the lender in subsequent lender liability litigation brought by those guarantors both in the lower courts and in an appellant proceeding before the Eighth Circuit Court of Appeals obtaining an affirmed order dismissing their claims.
  • International commodity company and three unrelated Nebraska cooperatives with several million dollars in claims in the prosecution of an involuntary bankruptcy proceeding against an international conglomerate’s subsidiaries.
  • Significant experience representing plaintiffs and defendants in bankruptcy adversary proceedings involving claims to recover preferential transfers and/or fraudulent transfers.
  • Hundreds of creditors and other parties in interest, in protecting their myriad of rights in bankruptcy cases located throughout the United States.
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