SIGNIFICANT REPRESENTATIONS 

CHAPTER 11 DEBTOR REPRESENTATIONS

Anthracite Capital

  • Represented bankruptcy trustee in prosecuting claims for damages resulting from mismanagement of a New York Stock Exchange-traded REIT leading to a $50 million settlement.

Cafaro 

  • Represented bankruptcy trustee seeking to undo fraudulent transfers from judgment debtor to his ex-wife leading to a settlement in excess of $1 million.

Charter Communications 

  • Represented one of a group of affiliated debtors in depositions and trial concerning reinstatement of the debtor’s bank facility despite its bankruptcy.

Delphi Corporation

  • Represented the debtor in successfully responding to motions to dismiss $700 million in preference actions and conducted investigation of short selling by banks and hedge funds that had pledged funds for, but refused to consummate, an agreement which would have funded Delphi’s exit from bankruptcy. 

Ellen Tracy LLC 

  • Represented bankruptcy trustee in prosecuting claims against former insiders for mismanaging the company leading to a multi-million dollar mediated settlement.

Enron Corporation

  • Represented the Enron bankruptcy estate in prosecuting multi-billion dollar claims in the “Mega Claims” litigation against Citigroup, JP Morgan Chase and other banks for their role in Enron’s collapse. 

Frontier Airlines 

  • Represented Frontier Airlines in stopping credit card processor from forcing Frontier to cease operations by withholding credit card payments, which would have precipitated a cash flow crisis.

General Motors 

  • Represented General Motors bankruptcy estate in dispute concerning creditor Deutsche Bank’s attempt to set off $24 million claim under swap agreement against corporate bonds leading to a multi-million dollar settlement. 

International Foreign Exchange Concepts

  • Counsel to debtor hedge fund in negotiating a favorable resolution of claims against its former C.E.O. and defending employment claims by a former trader.

Richcourt/Soundview Funds 

  • Represented the trustee of the Richcourt and Soundview Funds in litigating against Citco Group, one of the world’s largest hedge fund administrators, for damages resulting from Citco’s sale of the Funds’ management to the notorious Buddy Fletcher, yielding a $26 million settlement. 

Tower Automotive

  • Represented debtor Tower Automotive in litigating complex, multi-million dollar lease dispute against Goldman Sachs and in resolving millions of dollars in preference actions.

CREDITOR REPRESENTATIONS

AbitibiBowater

  • Represented “BCFC” financing entity holding more than $600 million in claims against its parent in a Delaware cross-border U.S.-Canadian bankruptcy. 

Nortel Networks, Inc.

  • Counsel to Official Committee of Retired Employees in obtaining a $67 million settlement in negotiations under section 1114 of the Bank­ruptcy Code concerning Nortel’s efforts to terminate retirees’ health insurance and related benefits without compensation. 

OTHER REPRESENTATIONS

Alfar Imports  

  • Successfully represented seller of an apparel business in litigating claims in U.S. District Court at trial and on appeal.

Calpine Corporation

  • Represented court-appointed expert in conducting discovery and preparing expert report to resolve $10 billion dispute concerning the valuation of Calpine Corporation. 

Gruber 

  • Drafted 200-page post-trial memorandum which led U.S. District Court to award no damages even though it found, in a published opinion, that defendant had defrauded the purchaser of his business.

Quigley Corporation 

  • Represented Future Claims Representative in billion-dollar asbestos bankruptcy.

*GRIFFIN HAMERSKY LLP attorneys were engaged on certain of the matters set forth above prior to joining the firm.