In re Alex and Ani, LLC, et al.
In re TECT Aerospace Group Holdings, Inc., et al.
In re SC SJ Holdings, LLC, et al.
Town Sports International, LLC
TNT Crane & Rigging, Inc.
Tonopah Solar Energy, LLC
Earth Fare, Inc.
High Ridge Brands Co.
In re MTE Holdings, LLC, et al.
Avenue Stores, LLC
Welded Construction, L.P
Welded Construction was one of the largest mainline pipeline construction contractors in the United States overseeing pipeline projects in lengths ranging from a few hundred feet to over 200. Young Conaway was retained as lead restructuring counsel for the company after Welded Construction began facing operating cash flow and liquidity issues stemming from a series of discrete challenges related to in-process pipeline projects, including cost-overruns, weather, regulatory delays, government/regulatory mandated shut downs and other matters that, in many instances, were not specific to Welded Construction. Since the commencement of the chapter 11 cases on October 22, 2018, Young Conaway worked with Welded Construction to obtain post-petition financing and negotiated a series of agreements with Welded Construction’s customers to arrange for compensation to complete the pipeline projects that were in various stages of completion. Absent the agreements with the customers to pre-fund ongoing operations, the projects would not have been completed resulting in significant claims and potentially conversion of the chapter 11 cases to chapter 7.
After the completion of the in-process pipeline projects, Welded Construction commenced a marketing process for the company and its assets. With the assistance of Young Conaway, the company obtained authority to enter into an agency agreement with Gordon Brothers and Richie Brothers to sell the company’s extensive inventory of heavy equipment and machinery. The proceeds from the sale and auction process satisfied the postpetition financing facility and are funding the wind down and the chapter 11 cases while the company pursues litigation against certain parties.
RMH Franchise Holdings, Inc. and affiliates
Young Conaway serves as restructuring counsel to the Debtors. Prior to the filing of their chapter 11 cases in May 2018, the Debtors formed what is believed to be the second-largest franchisee operator of Applebee’s restaurants, operating 159 restaurants across 15 geographically diverse states. The Debtors filed their chapter 11 cases to further the restructuring efforts they had commenced out-of-court in 2017 through additional lease renegotiations and optimization of their restaurant portfolio, and to avoid the forfeiture of their valuable franchise rights as a result of certain precipitous actions threatened by their franchisor, Applebee’s Restaurants LLC and certain of its affiliates. As sole restructuring counsel to the Debtors, Young Conaway guided the Debtors into the chapter 11 process on an expedited basis, preparing the “first day” pleadings necessary to ensure a smooth transition into chapter 11 for the company’s business operations, and working with the Debtors to further their restructuring efforts by, among other things, closing certain underperforming restaurant locations and rejecting the associated leases and franchise agreements, obtaining authority to make certain post-petition severance payments to their employees in connection with the closed locations, and obtaining Court approval of the Debtors’ sale of certain real property. Most importantly, Young Conaway defeated Applebee’s efforts to terminate the Debtors’ franchise agreements, and ultimately guided the Debtors through a consensual new value restructuring whereby the Debtors’ existing equity holder remained in place and the Debtors emerged with a significantly de-levered balance sheet. Young Conaway continues to advise the Debtors as they analyze claims and various other matters.
F+W Media, Inc.
Remington Outdoor Company, Inc.
Woodbridge Group of Companies, LLC
On December 4, 2017, the Woodbridge Group of Companies, LLC and its affiliated debtors commenced chapter 11 cases, which arose out of a massive, multi-year Ponzi scheme perpetrated between (at least) 2012 and 2017. As part of this fraud, the debtors raised over one billion dollars from approximately 10,000 investors, while amassing a significant portfolio of high-end real estate properties, the total estimated value of which is still being determined but which range individually in value from approximately $50,000 to over $100,000,000 per property. The goal of the chapter 11 cases is to maximize recoveries to investors and other constituencies harmed by the Ponzi scheme. In order to accomplish this goal, the debtors developed a plan of liquidation that memorializes a settlement reached with various investor and creditor parties in interest in consultation with the Securities and Exchange Commission. The debtors are working diligently to confirm the plan and make initial distributions prior to the end of 2018. Young Conaway was retained to represent the Debtors as co-counsel working with Gibson, Dunn & Crutcher LLP and Klee, Tuchin, Bogdanoff & Stern LLP.