Workout

John Ventola, Kevin Simard, Doug Gooding, Sean Monahan

Breadth of Experience     

Broad range of clients:

Boards of directors
Creditors’ committees
Debtors-in-possession
Distressed businesses Insurers   
Licensors
Private equity sponsors
Purchasers
Second lien lenders
Senior secured lenders   
Subordinated lenders
Trade creditors
Trustees

  • Over 60% of equity partners named Best in America by Best LawyersRead more...

  • toggle

    Choate represented GA Capital in connection with a $55,000,000 debtor in possession Term Loan to Borders, Inc. and its various US and UK subsidiaries.  Borders used the DIP facility to fund its initial operations during the commencement of its Chapter 11 proceeding.  Choate represented GA Capital and the term lenders throughout the bankruptcy proceeding of Borders, including in connection with the liquidation and wind down of the company and assets and operations.

  • toggle

    Choate represented the Chapter 11 Trustee of High Voltage Engineering Corporation and its subsidiaries in connection with the Section 363 sales of multiple business lines and all other aspects of the companies' bankruptcy cases.  The sales generated approximately $250 million in proceeds, an amount sufficient to pay all creditors in full, with interest, and fund a substantial distribution to equity holders.  The sale of Robicon Corporation, High Voltage's largest business line, to Siemens Corporation was nominated as a "Buyout Deal of the Year" by Buyouts Magazine.

  • toggle

    Choate represented RBS Business Capital in connection with the out-of-court restructuring of one of its borrowers with locations in New York, California and Colorado.  In connection with the restructuring, RBS sold certain of the borrower’s assets to a new company formed by the borrower’s chief executive officer pursuant to an Article 9 secured party sale in exchange for cash and a preferred equity position in the new company.  The remainder of the borrower’s assets were liquidated on an orderly basis, with the proceeds of the liquidation used to further reduce the debt owed to RBS.

  • toggle

    Choate represented Thompson Publishing Company and its affiliated debtors in connection with the Section 363 sale of substantially all of the companies’ assets and the confirmation of its plan of liquidation.  The Section 363 sale resulted in the debtors’ senior secured lenders acquiring substantially all of the debtors’ assets.

 

Bankruptcy & Restructuring

"lawyers here are responsive, no-nonsense and creative... they cut to the chase and get things done"

Chambers USA

Sophisticated Bankruptcy & Restructuring Experience    

Sophisticated company and creditor experience in all areas of corporate restructurings, workouts, distressed asset and debt acquisitions, and insolvency proceedings.

Company-Side and Creditors’ Committees Experts    

Significant company and creditors’ committee bankruptcy representation and company representation in out-of-court restructurings, including:

  • Chapter 11 debtor – Thompson Publishing Company and affiliated debtors bankruptcy, including in connection with Section 363 sales and confirmation of plan of liquidation.
  • Chapter 11 trustee - High Voltage Engineering Corporation and affiliated debtors bankruptcy, including sales of four main business lines yielding over $230 million and 100% dividend to creditors.
  • Creditors’ Committee – Bankruptcy of ACT Manufacturing, a manufacturer with operations in several countries and $1 billion in revenues.
  • Company counsel to Zoots, a national dry-cleaner, in connection with Article 9 sales of its assets to over ten different buyers.

Blue Chip Clients

Represented blue chip clients in connection with DIP/emergence financings, cash collateral hearings, secured party sales, intercreditor disputes, plan confirmation hearings, collateral recovery and out-of-court restructurings:    

Bank of America         
CA, Inc.
Citigroup
G.A. Capital   
Gordon Brothers
Harvard Pilgrim
Hewlett-Packard
John Hancock
Liberty Mutual    
MassMutual (Babson)
NewStar Financial
RBS Citizens, NA
Travelers
Webster Bank
Wells Fargo

  • Represented GA Capital in connection with a $55,000,000 debtor-in-possession term loan to Borders, Inc. and its subsidiaries.
  • Represented RBS Business Capital in connection with Article 9 sales of borrowers with operations in New York, California and Colorado.

Bench Strength    

25 lawyers, including comprehensive support team of specialists in finance, major commercial litigation, and employment, tax and real estate law.  Nationally recognized as one of the leading practices of its kind by US News & World Report.

National/International Reach

Represent clients in courts across US, Canada and other foreign jurisdictions.

Experts in Bankruptcy Related Insurance Matters    

Experts in representing insurers in insolvency/bankruptcy proceedings across US involving  asbestos, silica, environmental and workers’ compensation liabilities.

 

Thank you for reaching out to contact Choate. Before you send your message, we wanted to make sure you are aware of the following. Please do not send any confidential information in response to this link. Sending an e-mail to Choate does not give rise to an attorney-client relationship, and will not be deemed to disqualify Choate from undertaking any engagement for a current or future client.  Before any attorney-client engagement may be formed, Choate will need to check for possible conflicts of interest, you will need to consider whether you wish to retain Choate as counsel, and we will need to consider whether we wish to accept the potential engagement. In the meantime, Choate reserves the right to represent parties with interests adverse to you.

AcceptDecline