Bankruptcy

The bankruptcy and commercial transactions practice of Bailey Cavalieri LLC serves corporations and their principal creditors and investors by providing legal services in troubled company, workout, bankruptcy and financial restructuring situations. Bailey Cavalieri's bankruptcy and commercial transactions attorneys work with attorneys from other departments within the Firm, practicing in areas such as tax, commercial lending, corporate, litigation, and real estate and also regularly work on restructuring and bankruptcy-related matters. Attorneys in the group also handle commercial transactions and litigation. Bailey Cavalieri represents debtors, creditors, committees, trustees, acquirers, examiners, indenture trustees and other types of parties in interest in Bankruptcy and related matters. We also represent receivers and others in judicial or non-judicial debt restructurings, acquisitions, banks, private equity financings and other related matters.

Specific areas of practice include:

Chapter 11 Reorganization Cases | Creditor Work
Bankruptcy Related Litigation | Commercial Transactions

Chapter 11 Reorganization Cases | Bailey Cavalieri has a great deal of experience in Chapter 11 reorganization cases and has substantial experience in the representation of all constituencies in bankruptcy and other insolvency proceedings. The Firm has represented major parties in complex Chapter 11 cases which are completed or substantially consummated including the following:

Acting as lead debtor's counsel in reorganization cases on behalf of:

• Baja Boats, Inc. (manufacturer of performance power boats)
• Colfor Manufacturing, Inc. (manufacture and sale of forged parts used in the automotive industry)
• Genesis Worldwide, Inc. (manufacturer of steel handling equipment)
• Nationwise Automotive, Inc. (national retailer of automotive parts)
• Roberds, Inc. (national retailer of furniture, electronics, and appliances)
• Whitnam Oil&Gas Co., Inc. (publicly held oil and gas exploration and production)
• Tynes Chevrolet Cadillac (automobile dealership)

Acting as creditors' committee counsel in:

• Cook United, Inc. (national discount retailer), Chapter 11 counsel to the Official Debentureholders' Committee
• Horizon PCS (telecommunications), Chapter 11 counsel to the Official Committee of Unsecured Creditors
• National Petroleum Corporation (oil and gas exploration pipeline, and production), counsel to the Official Committee of Unsecured Creditors
• Southern Air Transport, Inc. (air transportation of cargo), Chapter 11 counsel to the Official Committee of Unsecured Creditors
• Ormet Corporation (primary aluminum manufacturing), Chapter 11 co-counsel to the Official Committee of Unsecured Creditors
• SPECO Corporation (manufacturer of parts for defense industry), Chapter 11 counsel for Official Creditors' Committee
• Wendy's Food Systems, Inc., Chapter 11 counsel to the Official Committee of Unsecured Creditors

Acting as counsel to other major creditors in other major Chapter 11 cases:

• Bush Leasing (lessor of vehicles to major trucking companies), counsel to major finance company with $50 million in leases to debtor
• Cardinal Industries, Inc. (manufacturer, builder, and owner of apartment complexes, motels) represented lenders, real estate, furnishing, and operating secured lenders.
• Federated Stores, Inc. (national department stores), counsel to various creditors, D&O carriers and governmental entities.
• Flxible Corporation (manufacturer of buses), special litigation counsel to chapter 7 trustee in litigation involving fraudulent conveyances and officer and director liability)
• Continental Airlines, Inc. (chapter 11 counsel to indenture trustee)
• Braniff International (chapter 11 counsel to airport authority)
• America West (chapter 11 counsel to airport authority)
• Western Exploration (oil&gas exploration and production company), represented numerous owners of production interests in litigation with chapter 11 trustee

Creditor Work | Bailey Cavalieri represents commercial and investment banks, vendors, lessors, private equity agent banks, administrative agents for bank groups and other financial institutions in their management of troubled credit, restructuring of lending relationships and lender liability defense in and out of bankruptcy court.

Bankruptcy Related Litigation | Bailey Cavalieri regularly represents clients in appellate and trial matters in federal and state courts. Our Firm has vast experience in prosecuting and defending fraudulent transfer and preference actions, and all other litigation arising in the debtor/creditor or bankruptcy contexts.

Commercial Transactions | Bailey Cavalieri advises on all aspects of commercial transactions, the Uniform Commercial Code and Secured Transactions. Our Commercial Transactions attorneys provide advice with respect to structuring secured transactions and reviewing and analyzing taking property as collateral used in such transactions. In recognition of the importance of legal opinions in this area, our attorneys regularly prepare and negotiate legal opinions concerning the effect of bankruptcy on financial transactions and perfection of security interests with and for other counsel. Our attorneys have experience in all types of personal property financing.