Case Study
Brockwood-Oliver Creditor’s Trust
The Fire
A prominent El Paso, Texas based retail furniture dealer files Chapter 11.
Pursuant to confirmed chapter 11 plan, retailer had stringent operating and financial guidelines.
Liquidating Trust formed in case retailer faced a “chapter 22”.
Retailer could not meet operational or financial metrics.
The Rescue
Liquidating Trustee foreclosed on the Trust’s collateral, conducted a “going-out-of-business” sale to liquidate inventory.
Resolved issues of the debtor’s estate, including payment of administrative fees and tax claims.
Successfully quantified all unsecured claims, including reducing exorbitant administrative claims that were unjustifiable under the circumstances.
Developed and implemented cost-effective litigation strategy and realistic settlement parameters.
The Result
Successfully fully administered the estate and supervised a “going out of business sale” to maximize asset values.
Prosecuted numerous preference actions under 11 U.S.C. 543 and several fraudulent conveyance actions to recover funds.
Made a significant distribution to the unsecured creditors.