Chapter 11 Debtor Engagements

• Plenty – Served as Virginia counsel advising on issues related to mechanic’s liens and Virginia law in connection with a unique indoor vertical farming platform, which efforts allowed the debtor to avoid complex and costly litigation.
• Enviva – Served a co-counsel and lead post-confirmation counsel for the successful reorganization of the world's largest producer of wood pellets used for energy production.
• Nordic Aviation Capital – Represented Nordic Aviation Capital Designated Activity Company and its subsidiaries in connection with their prearranged Chapter 11 cases in the U.S. Bankruptcy Court for the Eastern District of Virginia. NAC, an Irish company, is the largest regional aircraft lessor in the world with more than 475 aircraft. With over $7.7 billion of liabilities, NAC was the largest Chapter 11 filing in 2021.
• Alpha Media – Co-counsel for the largest privately-held broadcast company in the U.S. that operates more than 200 radio stations with a weekly audience of about 11 million in 44 communities, in connection with Chapter 11 filing which resulted in the confirmation of a highly successful prearranged plan allowing the company to overcome COVID-19 headwinds and restructure $267 million of funded debt
• Le Tote, Inc. – Representing Le Tote, Inc., Lord & Taylor LLC, and their affiliates in their Chapter 11 cases filed in the U.S. Bankruptcy Court for the Eastern District of Virginia in the confirmation of a Chapter 11 plan providing for a structured wind-down of the Debtors business operations.
• Pier 1 Imports, Inc. – Representing Pier 1 Imports, Inc. and its subsidiaries in its restructuring efforts in the United States Bankruptcy Court for the Eastern District of Virginia.  Founded in 1962, Pier 1, a publicly-traded company, operates as a leading national retailer specializing in distinct home furnishings and décor at an exceptional value, with 923 stores in the United States and Canada.
• Toys “R” Us, Inc – Constituting one of the largest retail bankruptcies in the last decade, Toys “R” Us and Babies “R” Us is the world’s leading dedicated toy and baby products retailer with nearly 65,000 employees worldwide with approximately 1,900 locations in 38 countries. Through the bankruptcy, the debtor seeks to restructure its prepetition indebtedness in excess of $5.2 billion. As counsel, Kutak Rock has helped liquidate billions of dollars’ worth of assets and administer tens of thousands of claims.
• Gymboree Corporation – One of the largest children’s apparel specialty retailers, with approximately 1,300 locations in the United States, Canada and throughout the world, offering collections of high quality apparel and accessories. At the outset, the debtor had total debt in excess of $1 billion. The company emerged from bankruptcy in September 2017 and continues to operate as a successfully reorganized company.
• Penn Virginia Corporation – An independent oil and gas company engaged in the exploration, development, and production of oil, NGLs, and natural gas. The company’s operations are focused on oilfields primarily in the Eagle Ford shale in South Texas, with additional properties in the Granite Wash in Oklahoma and the Marcellus Shale in Pennsylvania. Through bankruptcy and reorganization, Penn Virginia reduced its long-term debt from approximately $1.2 billion to approximately $128 million.
• Patriot Coal Corporation – One of the largest producers and marketers of thermal coal in the eastern United States with several active mining complexes in West Virginia. Debtor had funded debt of approximately $790 million, and through bankruptcy completed the sale of substantially all of its assets.
• Movie Gallery, Inc. – The second largest North American home entertainment specialty retailer, with over 6,000 locations in United States and abroad. Kutak Rock LLP served as co-counsel in both of the debtors’ bankruptcy filings, completing a reorganization in the first instance and a structured liquidation in the second case.
• On-Site Sourcing, Inc. – One of the world's largest independent litigation support providers based just outside Washington, D.C. The representation resulted in the successful sale of substantially all of the debtors' assets.

Creditors’ Rights

• Representing creditors and other interested parties in numerous bankruptcy cases around the country including Claire's (DE), Performance Powersports Group (DE), Golfsmith International (DE), Edwin Watts Golf Shops LLC (DE), Health Diagnostic Laboratories, Inc. (VA), Pioneer Health Services (MS), Circuit City Stores, Inc. (VA), Lehman Brothers (NY), LandAmerica Group (VA), Fairfield Residential (DE), Uni-Marts LLC (DE) and many others.
• Representing individuals, corporations, trustees and others in trials and contested proceedings before both the bankruptcy court and at all levels of state and federal court, including discharge/dischargeability disputes, preference actions, fraudulent transfers, plan disputes, collateral valuation, relief from stay, receivership, loan defaults, turnover actions and multiple other areas.
• Representing national, regional and community banks and financial institutions, debt servicers and loan buyers in workouts, out-of-court settlements and litigation at all levels of state and federal court.