Case Study

Brockwood-Oliver Creditor’s Trust


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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.

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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.