Download - PSZJ PCG Brochure

Page 1: PSZJ PCG Brochure

“The nation’s largest bankruptcy firm.” 

The American Lawyer

 “2014 Tier One Bankruptcy Firm”

U.S. News & World Report

“One of the largest and most highly regarded bankruptcy practices in the nation.”

Los Angeles &

San Francisco Daily Journal

“2012 Law Firm of the Year”

The M&A Advisor

“The nation’s largest bankruptcy firm.”

The American Lawyer

Pachulski Stang Ziehl & Jones LLP

Post Confirmation Group

Page 2: PSZJ PCG Brochure

AVOIDANCE/PREFERENCE ANALYSIS & LITIGATIONPSZJ is well equipped to analyze and pursue avoidance claims, having done so for tens of thousands of such claims on behalf of debtors, committees, trustees, liquidation/post confirmation trusts and defendants, from “mega cases” to smaller, individual matters. Each member of our Post Confirmation Group possesses 15 to 30 years of bankruptcy litigation experience.

• We have culled the Firm’s extensive knowledge and experience into proprietary preference analysis software and techniques to implement a unique litigation approach.

• Rather than the cookie-cutter, or “percentage-discount,” approach used by many firms handling avoidance cases in volume, we analyze each avoidance action or litigated claim to devise the most sensible approach. We then recommend an original plan for pursuit and possible settlement.

• As a pioneer in the mediation of preference actions, PSZJ has worked with numerous courts to implement a mandatory mediation procedure to facilitate the prompt and inexpensive resolution of the vast majority of avoidance actions.

• When litigation through discovery and trial is the best or only option, we bring the confidence and know-how to succeed. Most other avoidance and claims litigators have little, if any, discovery and trial experience.

• The end result: with greater efficiency, we achieve larger net recoveries, particularly in cases with numerous claims and avoidance matters, than firms with less experience in this area of the law.

CLAIM RECONCILIATION & LITIGATIONBased on its extensive debtor and creditor committee practice, PSZJ has handled objections to tens of thousands of claims in a wide variety of industries. Consequently, the Firm’s attorneys have great experience with the business, financial and legal issues faced in claim reconciliation efforts, which serve to expedite the claims resolution process. Across its four offices, PSZJ has several attorneys dedicated to claims reconciliation efforts.

Again, when litigation is required, we litigate through discovery and trial with the confidence and know-how to succeed. PSZJ has a stable of experienced litigators prepared to handle small to very complex claims litigation.

ASSET RECOVERY & LIQUIDATIONRecovering assets for the benefit of the estate is an essential objective for all parties in a bankruptcy. Recovering these assets creates a smoother path to resolution and mitigates financial losses. We investigate all areas to recover assets; are familiar with the necessary parties, professionals, and processes; and always hold in appropriate balance the aggregate amount we can recover for the estate and the cost to collect it.

ASSET SALESThe reality of chapter 11 practice is that most cases involve the sales of some assets, both tangible and intangible. Often, the sales are not as straightforward as they might first appear. A host of interests are at play that may lead to bid procedures and marketing engineered to achieve one side’s goal. PSZJ’s extensive experience representing debtors and creditor committees translates into an effective and efficient approach to post confirmation asset sales, and the legal expertise to consider all underlying issues and draft the requisite sale documents.

WIND DOWNSPSZJ lawyers are prepared to advise and assist the client in handling all administrative aspects of winding down and finalizing a bankruptcy, including distributions to creditors and liquidating trust termination.

Pachulski Stang Ziehl & Jones (“PSZJ”), the nation’s leading corporate restructuring boutique, has a 30-year track record of successfully crafting, implementing and winding down reorganization plans. Whether representing the interests of creditors or debtors, our bankruptcy expertise allows us to quickly identify the pressure points that will produce an optimal result. Both as a complement to its pre-confirmation efforts and as an independent practice, the Firm has a core strength in the entire spectrum of post confirmation activities, including avoidance analysis and litigation, claim reconciliation and litigation, asset recovery & liquidation, asset sales, and wind downs. We are especially adept at maximizing collections while minimizing costs for the benefit of the estate, with great success in increasing dividends to creditors.

Representative Matters

• Circuit City Stores, Inc. The Firm represents the liquidating trust of this well known national electronics retailer based in Richmond, Virginia, and is acting as post confirmation general counsel, as well as litigating thousands of claim objections and over 500 preference actions.

• Inacom, Inc. The Firm represented the liquidating trust of this large computer software and analytics firm based in Alpharetta, Georgia, and acted as post confirmation general counsel, and litigated hundreds of claims objections and preference actions.

• Breed Technologies. The Firm represented this pioneering air bag inflator manufacturer based in Lakeland, Florida, and litigated hundreds of claims and avoidance actions.

• AmeriServe Food Distribution. The Firm represented the post confirmation trust of this major national food distribution firm located in Dallas, Texas, and litigated thousands of claims and avoidance actions.

• HomePlace of America. The Firm represented the liquidating trust of this major SouthEast regional home goods retailer, and litigated hundreds of claims and avoidance actions.

Page 3: PSZJ PCG Brochure

Andy CaineAndy Caine, a senior partner at the firm, manages PSZJ’s Post Confirmation Group. Andy has more than 25 years of experience in bankruptcy and business litigation matters in courts across the country, and is a frequent lecturer on related topics. Andy is the former President and Chairman of the American Bankruptcy Institute, the nation’s largest insolvency organization with over 12,000 members. He is a member of the Delaware Bankruptcy Court Mediation Registry.

Jason PomerantzJason Pomerantz has a proven track record of maximizing recoveries for creditor committee clients, such as Glazed Investments (Krispy Kreme), Commissary Operations, Tom’s Foods, Empire Beef and Souper Salad. He is a member of the Central District of California Bankruptcy Court mediation panel.

Steve KahnSteve Kahn specializes in civil and commercial litigation in the bankruptcy, federal and state courts. He has substantial experience representing debtors, bankruptcy trustees, creditors and creditors’ committees in all aspects of civil litigation, including the prosecution and defense of claims relating to fraud, preferential transfer, fraudulent conveyance, and other complex claims across a broad range of industries.

Jeff NolanJeff Nolan litigates to recover debtor assets in district and bankruptcy courts throughout the country for clients such as Ameriserve, Inacom Communications, Bugle Boy Industries, Foss Manufacturing, Murray Inc., Future Media Productions and Le-Nature’s Inc. He has defended numerous corporations and individuals in avoidance claims and business disputes in state and federal court, including Holiday Inn, Paxton Automotive Industries, Lippert Components and Kinro Companies. He is a judicial settlement officer for the Los Angeles County Court system.

Core Post Confirmation Group Attorneys

Page 4: PSZJ PCG Brochure

Bottom line: The combination of PSZJ’s experience, efficiency and quality leads to more value via higher net recoveries.

The Nation’s Leading Corporate Restructuring Boutique

Los Angeles10100 Santa Monica Boulevard13th FloorLos Angeles, CA 90067-4003T: 310.277.6910F: 310.201.0760

San Francisco150 California Street15th FloorSan Francisco, CA 94111-4500T: 415.263.7000F: 415.263.7010

New York780 Third Avenue36th FloorNew York, NY 10017-2024T: 212.561.7700F: 212.561.7777

Wilmington919 North Market Street17th FloorWilmington, DE 19801T: 302.652.4100F: 302.652.4400