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OFFICIAL CREDITORS' COMMITTEE REPRESENTATION

We regularly represent unsecured creditors' committees and bondholder committees in Chapter 11 cases, as well as ad hoc committees in out-of-court restructurings and workouts.

We have extensive experience representing unsecured creditors’ committees, bondholder committees and ad hoc committees in insolvency proceedings throughout the United States. Our experience covers a broad range of industries, including but not limited to, manufacturing, retail, media and entertainment, wholesale/distribution, specialty chemicals, telecommunications, restaurant chains and hospitality.

In representing committees, we have been actively involved in of the bankruptcy process, including the procurement and negotiation of debtor-in-possession financing, the negotiation and documentation of asset sales, the pursuit and resolution of objections to claims, the development of plans of liquidation and reorganization, and the prosecution of avoidance actions (preferences and fraudulent transfers), as well as other complex bankruptcy litigation. 

We approach committee representation as a consensus-building process for negotiating solutions, but are prepared to pursue creditors' remedies aggressively when circumstances require litigation. Committees can also rely upon us to provide the services needed to address various nonbankruptcy substantive matters that committees often need to act upon in a bankruptcy case.

Representative  Engagements

Paper Source, Inc. et al. (Richmond Virginia) – Specialty Paper Products Retailer – Total Debt: $103 Million

Cosmoledo, LLC, et al. (New York, New York) - Artisanal Baked Goods Retailer – Total Debt: $100 Million

Lucky’s Market Parent Company, LLC, et al. (Wilmington, Delaware)  - Supermarket Retailer – Total Debt: $400 Million 

The Gymboree Corporation, et al. (Richmond, Virginia) – Children’s Clothing Retailer – Total Debt: $1 Billion

Hancock Fabrics, Inc., et al. (Wilmington, Delaware) – Fabrics and Crafts Retailer – Total Debt: $200 Million

ADI Liquidation, Inc. (f/k/a AWI Delaware, Inc.) (Wilmington, Delaware) – Supermarket and Specialty Store, Distributor and Retailer – Total Debt: $300 – 400 Million

Betsey Johnson, LLC  (New York, New York) - Clothing and Accessories Retailer – Total Debt: $10 – 50 Million

Syms Corp and Filene’s Basement (Wilmington, Delaware) - Clothing and Accessories Retailer – Total Debt: $100 - $300 Million 

Loehmann’s Holdings, Inc. (New York, New York) – Clothing and Accessories Retailer – Total Debt $150 - $200 Million 

TW, Inc. (The Wiz Electronics Stores) (Wilmington, Delaware) - Electronics and Computer Retailer – Total Debt: $195 Million

Musicland Holding Corp. (New York, New York) - Music, Video and Electronics Retailer – Total Debt: $600 Million; 850 retail stores

4Kids Entertainment, Inc. (New York, New York) - Full-Service Children’s Brand Management Company – Total Debt: $25 - $30 Million

Crabtree & Evelyn  (New York, New York) - Personal Care Products Retailer and Manufacturer – Total Debt: $35 Million

Joan and David Stores  (New York, New York) - High-end Women’s Shoes and Accessories Retailer – Total Debt: $42 Million

Petrie Retail Inc. (New York, New York) - Clothing and Accessories Retailer – Total Debt $650 Million 

Samuels Jewelers, Inc. (Wilmington, Delaware) - Jewelry Retailer – Total Debt: $78 Million

Alexander’s Department Stores (New York, New York) - Clothing and Accessories Retailer – Total Debt: $100 Million

Wilkes Bashford Stores (San Francisco, California) - High-end Clothing and Accessories Retailer – Total Debt: $15 – 20 Million

Navillus Tile, Inc.  (New York, New York) – Construction services provider – Total Debt: $400 Million 

Vertellus Specialties, Inc., et al.(Wilmington, Delaware) - Manufacturer of specialty chemicals – Total Debt: $575 Million

Reichhold Holdings US, Inc. (Wilmington, Delaware) - Manufacturer of unsaturated polyester resins for fabrication of composite products – Total Debt: $287 Million

FBI Wind Down, Inc. (f/k/a Furniture Brands International, Inc.) (Wilmington, Delaware) - Manufacturer of home furniture items – Total Debt: $500 Million

Teleglobe Communications Corp. (Wilmington, Delaware) - US Subsidiary of Canadian Telecommunications Company – Total Debt: $3 Billion

MPC Computers LLC, et al. (Wilmington, Delaware) -  Manufacturer of Gateway
Computers and Laptops for Federal, State and Local Gov’t Agencies, Schools and Small Businesses – Total Debt:  $500 Million

Cone Mills Corporation (Wilmington, Delaware) - Blue Jean and Garment 
Manufacturer – Total Debt: $318 Million

Pillowtex Corporation II (Wilmington, Delaware) - Manufacturer of Sheets, Pillows and Other Home Furnishings – Total Debt: $350 Million

Western Nonwovens Inc., et al. (Wilmington, Delaware) - Mattress Material Manufacturer- Total Debt: $110 Million 

Zestra Laboratories, Inc. (Wilmington, Delaware) - Manufacturer of Consumer Health Products – Total Debt: $4-5 Million

Abengoa Bioenergy US Holding   LLC et al. (St. Louis) - Engineering and clean technology company – Total Debt: $6.8 billion

Prommis Holdings, LLC (Wilmington, Delaware) - Mortgage Foreclosure Specialist – Total Debt: $80 Million

New Century Financial Corporation (Wilmington, Delaware) - Residential Home Mortgage Originator, Securitizer and Servicer – Total Debt: $3-4 Billion

American Home Mortgage Investment Corporation (Wilmington, Delaware) - Residential Home Mortgage Originator, Securitizer and Servicer – Total Debt: $3-4 Billion

Credit-Based Asset Servicing And Securitization LLC, et al. (Litton Servicer) (New York, New York) – Whole Loan Purchaser and Securitizer, Residential Mortgage Servicer - Total Debt: $1.70-2.2 Billion

Aegis Mortgage Corporation, et al. (Wilmington, Delaware) Residential Home Mortgage Originator, Securitizer and Servicer – Total Debt: $150-250  Million 

Delta Financial Corporation, et al. (Wilmington, Delaware) - Residential Home Mortgage Originator, and Securitizer – Total Debt: $150-200  Million

Penson Holdings, Inc. et al. (Wilmington, Delaware) - Clearing Broker and Execution Provider – Total Debt: $350 Million

ResMAE Mortgage Corporation (Wilmington, Delaware) - Residential Home Mortgage 
Originator and Securitizer – Total Debt: $75-100 Million

Ciena Capital LLC, et al. (New York, New York) - Originator, Securitizer and Servicer of SBA 7(a) loans, Dept. of Agriculture loans and Commercial RE loans – Total Debt:  $400-500 Million

US Fidelis (St. Louis) - Aftermarket vehicle service contract seller – Total Debt: $75 million

Roberts Broadcasting Companies - Radio and television station owners – Total Debt: $15 million 

Blog Posts

Are Unmatured Lease Obligations Considered Noncontingent Debt for Purposes of Calculating Eligibility to File a Subchapter V Bankruptcy?

Are Subchapter V Corporate Debtors Subject to the §523(a) Exceptions to Discharge?

Put down your fiddle: Third Circuit halts Johnson & Johnson’s Texas two-step

A recent decision highlighted a flaw in the Bankruptcy Code. Will the House of Representatives pass the Bankruptcy Threshold Adjustment and Technical Corrections Act to correct it?

Chapter 12 family farmer cases in Missouri: An updated look inside the numbers

Fracas in the French Quarter: Fifth Circuit weighs in on ongoing controversy over the intersection of Bankruptcy Code Sections 363(f) and 365(h)

Johnson & Johnson: The Texas two-step and talc-related liabilities

Subchapter V in the Eighth Circuit: The data from the first 18 months

Dude, your car is with your creditor: How the Supreme Court’s decision on automatic stays may impact creditors

Nine Bankruptcy Code amendments included in latest appropriations bill

Publications

Bankruptcy Code § 363(m) is now up for interpretation at the U.S. Supreme Court

An introduction to the Adjustable Interest (LIBOR) Act: The federal response to LIBOR replacement

Not so Technical: A Flaw in the CARES Act’s Correction to “Small Business Debtor”

Update – SOFR and LIBOR Replacement

The current status of LIBOR replacement and what financial institutions and their customers need to know now

Highlights from the SBA’s further guidance on PPP loan forgiveness

As COVID-19 prompts more retail tenant bankruptcies, how should landlords and lenders respond?

What receivers need to know about the Federal Priority Act

Bankruptcy court rejects risk-shifting liquidated damages clause in equipment leases

Data in the cloud: What if the cloud provider goes bankrupt?

Amendments to Chapter 12 make it easier for a family farmer to reorganize

Secured creditors beware

Key takeaways for creditors after the Supreme Court's divided ruling on spousal guarantors

Major update to bankruptcy forms effective December 1, 2015

Understanding triple net leases

Parsing the legal and financial impact from Detroit’s bankruptcy

UCC update: Revisions to Missouri’s UCC Articles 4A and 9

TCLE

The Big Bang: When the Worlds of Energy Law and Bankruptcy Law Collide

Seven Things You Should Know About the Missouri Commercial Receivership Act

Dealing with Financially Troubled Customers Outside and Inside of Bankruptcy

Bankruptcy 101: Bankruptcy Basics

News

Mark Indelicato Discusses Former WeWork CEO’s Attempts to Win Back Company

Mark Indelicato Joins Bloomberg Law Podcast to Discuss WeWork’s Path to Reorganize

Mark Indelicato Discusses WeWork Comeback Plan in Bloomberg Law

Janine Figueiredo Named as DEI leader for Turnaround Management Association Executive Board

Mark Indelicato Discusses NJ Favor in Bankruptcy Cases for Law360

Partner Sonette Magnus Named to ABI’s 2023 “40 Under 40” Emerging Leaders In Insolvency Practice

Sonette Magnus Recognized by Missouri Lawyers Media on 2023 Up & Coming List

Mark Indelicato and Mark Power Discuss Challenges and Strategies in the Slumping U.S. Mortgage Industry

Thompson Coburn’s Bill Bay Identifies Evolution as Critical to American Bar Association’s Future in ABA Journal Interview

Indelicato Discusses Private Equity Realizing Higher Yields Through Bankruptcies with Law.com

Katie Clark Honored with the Michelle A. Mendez Award of Excellence

Unveiling a Flaw in the CARES Act: Joseph Orbach and Mark Power's article recognized in Best of ABI 2022

Diona Rogers named 2023 Secured Finance Network 40 Under 40 Award winner

As corporate bankruptcies escalate, look to Thompson Coburn’s Trade Creditor Manual for guidance

The New York Business Litigation Practice and the Financial Restructuring and Bankruptcy Practice secure another victory for Howard Ehrenberg

Thompson Coburn has been selected as lead counsel to Creditors’ Committee in the Chapter 11 case filed First Guaranty Mortgage Corporation

Retailers get more rent leverage in bankruptcy: Joseph Orbach interviewed by Bloomberg Law

Thompson Coburn attorneys successfully advocate for technical corrections to the Bankruptcy Code

David Warfield talks to Axios about Johnson & Johnson’s ‘Texas Two Step’ strategy for talc claims

Sonette Magnus joins Thompson Coburn as a litigation partner

Thompson Coburn combines with Hahn & Hessen, expands to New York

NPR’s Planet Money podcast calls on Dave Warfield for episode on robocalls

Thompson Coburn is Texas proud after first year in Dallas

Rick Reibman named managing partner of Thompson Coburn’s Chicago office

National law firm Thompson Coburn lands four partners in new Dallas office

Congratulations to the new Thompson Coburn partners for 2020

Congratulations to our 14 ‘Lawyers of the Year’ for 2020

Congratulations to our 14 ‘Lawyers of the Year’ for 2019

Congratulations to our 14 'Lawyers of the Year' for 2018

Thompson Coburn earns 11 national top-tier rankings in U.S. News ‘Best Law Firms’ survey

Congratulations to our 8 ‘Lawyers of the Year’

Claire Schenk writes about Federal Priority Act for Federal Bar magazine

Thompson Coburn earns eight national top-tier rankings in U.S. News ‘Best Law Firms’ survey

Thompson Coburn represents issuer in 2014 Health Care Deal of the Year

Rightsizing the Right Way: Restructuring and Realignment in Higher Education

Congratulations to our 15 St. Louis ‘Lawyers of the Year’

David Warfield talks US Fidelis case on CNBC’s ‘American Greed’

Sixth Circuit rules cows can be leased

Federal judge rules sovereign immunity bars claims related to industrial development bonds

Thompson Coburn earns six national top-tier rankings in U.S. News ‘Best Law Firms’ survey

Detroit’s bankruptcy: What’s it got to do with St. Louis?

Thompson Coburn drafts UCC legislation in Missouri

David Warfield writes article on Detroit bankruptcy for St. Louis Business Journal

Francis X. Buckley, Jr. elected to board of directors of the American College of Bankruptcy

Associate
New York

Aleksandra is in the Firm's Bankruptcy & Restructuring Practice Group.

Aleksandra is in the Firm's Bankruptcy & Restructuring Practice Group.

Aleksandra Abramova
Partner
New York

John draws on his more than 30 years of litigation experience to represent a wide variety of clients in federal and state trial and appellate courts.

John draws on his more than 30 years of litigation experience to represent ...

John Amato
Senior Counsel
New York

Gil represents a wide variety of interests in the insolvency arena, with his cases mirroring the current troubled sectors of the economy.

Gil represents a wide variety of interests in the insolvency arena, with hi...

Gilbert Backenroth
Partner
St. Louis

Bill Bay represents major corporations in high-stakes litigation nationally.

Bill Bay represents major corporations in high-stakes litigation nationally...

Bill Bay
Partner
New York

Justine has extensive experience in the purchase and sale of all classes of distressed assets.

Justine has extensive experience in the purchase and sale of all classes of...

Justine Block
Partner
St. Louis

Mark’s practice focuses on the representation of clients in financial restructurings, out-of-court workouts and bankruptcy cases.

Mark’s practice focuses on the representation of clients in financial restr...

Mark Bossi
Partner
Los Angeles

A senior litigator with more than 30 years of experience, Jeff Brown develops and executes highly effective litigation strategies for clients facing all types of complex ...

A senior litigator with more than 30 years of experience, Jeff Brown develo...

Jeff Brown
Partner
St. Louis

Ed serves as a key tax advisor to companies embarking on any type of corporate restructuring, from acquisitions and dispositions to spinoffs and management changes.

Ed serves as a key tax advisor to companies embarking on any type of corpor...

Ed Buchholz
Senior Counsel
Chicago

Frank is a longtime advisor to financial service providers who assists with insolvency and restructuring matters, loan enforcement, and a host of other business issues.

Frank is a longtime advisor to financial service providers who assists with...

Francis X. Buckley, Jr.
Partner
Dallas

Katie represents clients before bankruptcy courts, federal and state trial courts, arbitration panels and appellate courts nationwide.

Katie represents clients before bankruptcy courts, federal and state trial ...

Katharine Clark
Partner
New York

Josh represents financial institutions as secured creditors in Chapter 11 bankruptcy cases, corporate restructurings and workouts, which he has done in bankruptcy courts ...

Josh represents financial institutions as secured creditors in Chapter 11 b...

Joshua Divack
Partner
St. Louis

David concentrates in the areas of business bankruptcy, workouts, securitizations, and general creditors' rights matters.

David concentrates in the areas of business bankruptcy, workouts, securitiz...

David Farrell
Partner
New York

Janine represents debtors, creditors' committees, liquidating trustees and secured and unsecured creditors in complex corporate reorganizations, restructurings and liquid...

Janine represents debtors, creditors' committees, liquidating trustees and ...

Janine Figueiredo
Partner
St. Louis

Garrett counsels banks, financial institutions and other businesses on a variety of tax credit, commercial transaction and regulatory issues.

Garrett counsels banks, financial institutions and other businesses on a va...

Garrett Fischer
Partner
New York

Steve is a litigator representing fiduciaries, financial institutions, corporate entities, creditor groups, and individuals.

Steve is a litigator representing fiduciaries, financial institutions, corp...

Stephen Grable
Partner
New York

Don represents clients in mergers and acquisitions, business organization, and general corporate matters.

Don represents clients in mergers and acquisitions, business organization, ...

Don Grubman
Partner
St. Louis

Ron Haglof's practice with the firm includes substantial experience in privately negotiated acquisitions and dispositions of businesses, including transactions requiring ...

Ron Haglof's practice with the firm includes substantial experience in priv...

Ron Haglof
Partner
Chicago

Clint represents borrowers, lenders and various other financial institutions in the structuring and the documentation of various commercial financing transactions.

Clint represents borrowers, lenders and various other financial institution...

Clint Hansen
Partner
St. Louis

Ed is a veteran litigator and head of the Firm's Antitrust Practice Group.

Ed is a veteran litigator and head of the Firm's Antitrust Practice Group.

Ed Harvey
Partner
St. Louis

Brian Hockett practices in the Firm's Financial Restructuring group.

Brian Hockett practices in the Firm's Financial Restructuring group.

Brian Hockett
Partner
New York

Mark represents parties in virtually every aspect of insolvencies, bankruptcies, and out-of-court workouts, including secured and unsecured creditors, official and ad hoc...

Mark represents parties in virtually every aspect of insolvencies, bankrupt...

Mark Indelicato
Counsel
Dallas

Nathan Johnson is an experienced litigator and a Texas State Senator.

Nathan Johnson is an experienced litigator and a Texas State Senator.

Nathan Johnson
Partner
St. Louis

Mark’s practice includes all types of secured, unsecured and asset-based lending and commercial-finance transactions.

Mark’s practice includes all types of secured, unsecured and asset-based le...

Mark Kaltenrieder
Partner
St. Louis

Cheryl represents lenders and obligors in complex finance transactions, loan restructurings, and bankruptcy, receivership, foreclosure and other proceedings involving cre...

Cheryl represents lenders and obligors in complex finance transactions, loa...

Cheryl Kelly
Partner
St. Louis

Sonette is a highly experienced litigator and business advisor who counsels corporate clients on all phases of commercial litigation in state and federal courts throughou...

Sonette is a highly experienced litigator and business advisor who counsels...

Sonette Magnus
Partner
New York

Steve represents financial institutions, businesses and constituencies in major commercial disputes, with a particular focus in lender liability cases, fraud-based invest...

Steve represents financial institutions, businesses and constituencies in m...

Steven Mandelsberg
Partner
New York

Zachary delivers practical, tactical, and experienced advice to corporate, lending, and fiduciary clients with respect to all phases of litigation, alternate dispute reso...

Zachary delivers practical, tactical, and experienced advice to corporate, ...

Zachary Newman
Partner
New York

Joe has represented a variety of clients in diverse aspects of bankruptcy and insolvency law.

Joe has represented a variety of clients in diverse aspects of bankruptcy a...

Joseph Orbach
Partner
New York

Mark has extensive experience in all aspects of financial restructuring and insolvency issues, and draws on that experience to develop creative and pragmatic ways to solv...

Mark has extensive experience in all aspects of financial restructuring and...

Mark Power
Senior Counsel
Chicago

Backed by a 30-plus-year career on the legal and regulatory side of financial markets, Rick is an insightful advisor to trading firms, brokerage firms, trade execution fi...

Backed by a 30-plus-year career on the legal and regulatory side of financi...

Rick Reibman
Associate
Dallas

Alexandra is an associate in the Firm's financial restructuring & bankruptcy practice group.

Alexandra is an associate in the Firm's financial restructuring & bankr...

Alexandra Rossetti
Associate
New York

Jake Schwartz is an Associate in the Firm's Financial Restructuring and Bankruptcy Group.

Jake Schwartz is an Associate in the Firm's Financial Restructuring and Ban...

Jake Schwartz
Partner
New York

Jeff has represented lenders and borrowers, buyers and sellers, lessors and lessees, senior, mezzanine and subordinated debtholders as well as committees and trustees in ...

Jeff has represented lenders and borrowers, buyers and sellers, lessors and...

Jeffrey Schwartz
Associate
New York

Henry is an associate in the Firm's Bankruptcy & Restructuring Practice Group.

Henry is an associate in the Firm's Bankruptcy & Restructuring Pra...

Henry B. Thomas
Associate
New York

Danielle's practice focuses on the representation of unsecured creditors' committees, secured and unsecured creditors, liquidating trustees, lenders, and debtors in a bro...

Danielle's practice focuses on the representation of unsecured creditors' c...

Danielle Ullo
Partner
St. Louis

Sarah represents lenders, banks and borrowers in complex financing transactions and provides in-depth regulatory counsel to clients in two of the most heavily regulated i...

Sarah represents lenders, banks and borrowers in complex financing transact...

Sarah Wade
Partner
St. Louis

David is a 30-year veteran of the financial restructuring world who provides practical, straight-forward advice to all types of institutions that interact with a distress...

David is a 30-year veteran of the financial restructuring world who provide...

David Warfield
Counsel
New York

Jeff has significant experience advising clients in all aspects of bankruptcy and insolvency law.

Jeff has significant experience advising clients in all aspects of bankrupt...

Jeffrey Zawadzki