In re Ample Hills (Bankr. E.D.N.Y.) – Debtor in Chapter 11
Represented debtors who operated 10 retail ice-cream stores in the New York metropolitan area. Sold stores pursuant to section 363 sale in early days of COVID crisis (E.D.N.Y. 2020).
Representative Matters
In re RLCH, Inc. – Debtor in Chapter 11
Represented debtor in Chapter 11. Sold multifamily residential apartment building pursuant to plan of reorganization. (E.D.N.Y. 2020)
In re Whiting Petroleum Corporation, et al. (Bankr. S.D. Tex.)
Representing indenture trustee for convertible noteholders in connection with Debtors’ bankruptcy cases.
In re Boston Generating LLC, et al. – Adversary Defendants – Appellees
Represented the largest ad hoc group of defendants-appellees in a matter that has been litigated for over a decade involving fraudulent conveyance claims arising from a $2 billion leveraged recapitalization. The Second Circuit affirmed the dismissal of all claims In re: Boston Generating, LLC. In so doing, the Second Circuit ruled that the Bankruptcy Code’s safe harbor provision for securities contracts payments, 11 U.S.C. § 546(e), applied to the leveraged buyout and pre-empted the plaintiff-appellant-trustee’s state-law fraudulent conveyance claims, which attempted to claw back approximately $708 million from the defendants-appellees.
In re C.T.W. Realty Corp. (S.D.N.Y.)
Representing the debtor in multi-million dollar restructuring concerning a commercial building in Manhattan.
In re Millennium Lab Holdings II LLC, et al. (D. Del.)
Representing reorganized debtor in contractual dispute regarding terms of loan to debtor’s liquidating trust and opposing liquidating trustee’s motion to re-open chapter 11 cases.
Johnson & Johnson Spin-off Bankruptcy Case: Amicus Briefs
Filed amicus briefs on behalf of a group of bankruptcy law professors concerning debtor LTL Management LLC ("LTL"), an entity created by Johnson & Johnson to hold its talc liabilities to cancer victims exposed to talc in J&J’s products. The professors filed these briefs in support of a motion to dismiss LTL’s chapter 11 case, both before the Bankruptcy Court in the District of New Jersey, and the appeal to the Third Circuit Court of Appeals. In January 2023, the Third Circuit reversed the Bankruptcy Court’s decision and dismissed the LTL Chapter 11 case. (D.N.J. and 3rd Circuit Court of Appeals 2022-2023).
NY-based Nursing Home Owner – Section 363 Purchaser
Represented NY-based nursing home owner in section 363 acquisition of 699 92nd Street in Brooklyn, NY, from a purchaser who had filed for bankruptcy. The site is triple net leased to a non-profit integrated healthcare network that is New York State's largest healthcare provider and private employer. (E.D.N.Y. 2021).
Successful Representation of Defendant in Major Insurance Litigation
Herrick defended a managing general agent in a major breach of contract dispute with an insurance carrier seeking several hundred millions of dollars in damages. This case was high-stakes and complex, involving extensive document discovery, witness depositions, two motions to dismiss, several discovery disputes, numerous experts and an appeal of one motion to dismiss decision. Following intensive fact depositions, the parties reached a settlement on favorable terms for our client.