Non-Bankruptcy Proceedings

The lawyers in the FRI Department have experience in a wide range of non-bankruptcy proceedings, including various types of liquidations, receiverships, workouts, and restructurings, as well as cross-border matters involving U.S. bankruptcy proceedings and various types of foreign insolvency proceedings.

Our lawyers have experience representing both the Securities Investor Protection Corporation and trustees in SIPC liquidations, including:

• The SIPC in In re Apex Financial Planners.

• The trustee in liquidation of failed brokerage firm in In re John Muir & Co.

• The trustee in In re Haupt & Co.

Many troubled-company situations can be resolved if the interested parties cooperate to avoid the expense, disruption, and uncertainty of formal bankruptcy proceedings. Our lawyers recognize this and have extensive experience in workouts and out-of-court restructurings, including:

• Represented a New Jersey-based software company in a successful out-of-court restructuring.

• Represented a Utah-based high-performance computer company in successful restructuring and the eventual wind-down of the business.

• Represented New West Foods, a processor and packer of frozen strawberries, in an out-of-court wind-down of the business.

• Represented a large national fast-food franchisee that operated 300 restaurants in an out-of-court restructuring.

• Represented a large commercial printing company with operations in fourteen states in an out-of-court restructuring.

• Represented bank group in out-of-court workout for group of companies engaged in development, manufacturing, and sale of medical and automotive gas analyzers.

• Served as special restructuring counsel to Sunshine Biscuits, Inc., a nationally recognized $700 million consumer products company, in an out-of-court restructuring with its secured lenders.

• Served as special restructuring counsel to the holding company for Granny Goose Foods, Inc. and several other large regional consumer product companies in the western U.S.

• Represented Mellon Bank, as agent, in a $100 million workout of Capital Associates, a leasing company.

Non-bankruptcy proceedings can include state or federal receiverships. FKSA lawyers have represented both debtors and receivers in receiverships, including:

• Oz Technologies, Inc. in Oz Technologies, Inc. v. Procon Technologies, Inc.

• The Bank of California in The Bank of California v. Orcal Cable Holdings, Inc. et al., a multi-district federal receivership; defeated involuntary chapter 11 petition and disposed of more than twenty rural cable television systems.

• The receivers of the Beacon Hill funds.