The Firm represented the Roman Catholic Church of the Archdiocese of Santa Fe in a Chapter 11 bankruptcy case (Case No. 18-13027-t11, USBC DNM) with Elsaesser Anderson, Chtd., as co-counsel. The case resulted in a successful, mediated settlement with the creditors’ committee, representing over 400 survivor claimants, and settlements with six insurance carriers, and five religious orders, and concluded with a consensual, confirmed chapter 11 plan of reorganization (Doc. No. 1214; 12/28/22) in which nearly $130 million was accumulated for distribution to survivor claimants.
The Firm represented the Roman Catholic Church of the Diocese of Gallup in its Chapter 11 bankruptcy case (Case No. 13-13676-t11; USBC DNM), as local counsel, with Susan Boswell (Quarles & Brady LLP, Tucson, AZ), lead counsel, which resulted in a successful, mediated negotiation of settlements with the claimants’ committee and several insurance carriers, and confirmation of a Chapter 11 plan in favor of the Diocese of Gallup (Doc. No. 591, 06/23/16).
In re Victor P. Kearney, Case no. 17-12274-t11, a highly contested Chapter 11 bankruptcy case filed by an individual after years of state court litigation, resulting in confirmation of a contested creditors’ plan of reorganization (Opinion, Doc. No. 845, 2019 WL 994567, 02/28/19), upheld by the Tenth Circuit Bankruptcy Appellate Panel (10th Cir. BAP No. NM-19-010; 2019 WL 6523171 (unpub.) 12/04/2019) and by the Tenth Circuit Court of Appeals. (987 F.3d 1284; 2/24/2021). The Supreme Court of the United States denied certiorari of the appeal of the 10th Circuit decision on December 13, 2021. The plan resulted in a $3 million fund for distribution to unsecured creditors in a case where no assets appeared to be available.
In re Lightning Dock Geothermal HI–01, LLC, et al, (Case No. 17–10567 t11; USBC DNM), resulting in confirmation of a contested Chapter 11 plan of reorganization (Doc. No. 393; 09/08/17) for a geothermal electricity plant in southern New Mexico, with failing turbines. The plant was in need of reconstruction in order to continue to produce electricity and preserve a valuable power purchase agreement with a regulated public utility. The debtor’s confirmed plan allowed the debtor to continue to operate, rebuild with more reliable equipment, and provided a mechanism to resolve the existing equipment supplier’s claim.
In re U.S. Glove, Inc., (Case No. 21-10172-t11) as co-counsel with Michael Best & Friedrich LLP, Milwaukee, WI, in a successful Chapter 11 bankruptcy, resulting in confirmed Chapter 11 plan (Doc. No. 228; 11/10/21) and a reorganized debtor that has continued in business.
In re Railyard Company, LLC (Case No. 15-12386-t11; USBC DNM), resulting in successful sale of a prominent commercial and retail development in Santa Fe, NM and satisfaction of most creditors’ claims. The case involved substantial litigation between the chapter 11 trustee and the members of the debtor LLC.
In re Furr’s Supermarkets, Inc., USBC NM No. 01-10779 (represented Trustee Yvette J. Gonzales in all aspects of supermarket liquidation, including litigating over one hundred preference actions and other avoidance actions).
In re Tortilla, Inc. (Garduno’s of Mexico), USBC NM Case No. 10-10966 (represented Trustee Michael Caplan in successful sale of Garduno’s restaurants).
In re Fuel 4 Less, LLC, USBC NM 11-15240, 10966 (represented Trustee Craig Dill in successful sale of regional truck stop assets).
