Jonathan Shenson has played significant roles in a variety of complex bankruptcies, transactions, and litigation matters.
Chapter 11 Debtor Representation
- Counsel to a shopping center in its chapter 11 case in which it sold its assets via an auction process; with its lender receiving a 70% return on its claim and agreeing to release the guarantors.
- Counsel to a Hollywood esthetician to resolve pending chapter 11, including various disputes with an estranged spouse and their competing skincare product line. Negotiated and documented the substantive terms of the global settlement agreement resulting in the dismissal of the client and the client’s companies’ bankruptcy cases.
- Other Chapter 11 debtor representations have included: the ninth-largest manufacturer of "Class A" motor homes; a marketer of proprietary consumer products for an inventor and marketing personality; an international technology company; an owner/operator of assisted living facilities; an owner/operator of steakhouse restaurant chains; and a developer and provider of non-laser vision correction products.
Chapter 11 Creditor Representation
- Represented agents and secured parties in Chapter 11 cases of a rig manufacturer/provider; a retailer of celebrity licensed clothing; a dental group management company; a nutritional supplement company; and an acquisition company of environmentally challenged real estate.
- Represented the official committee of unsecured creditors in the chapter 11 cases of a healthcare provider network; a workers’ compensation insurer; a bank holding company; and a hair product manufacturer and wholesaler.
Out-of-Court Workouts and Liquidations
- Represented co-founder of a digital publishing company, on fiduciary duties relating to the client’s efforts to implement an orderly wind-down of the business culminating in an assignment for the benefit of creditors, and thereafter, in his acquisition of the media company’s assets.
- Represented a national, wholesale nursery operator in connection with its “out-of-court” restructuring of a $100 million credit facility and re-capitalization.
- Represented an agent to the lenders in connection with the restructuring of a national party rentals business.
Purchase and Sale of Distressed Assets
- Represented an international conglomerate based in Taiwan in its acquisition of a health technology company through a chapter 11 plan of reorganization.
- Represented an independent global film distributor in its acquisition of another studio’s assets (from the debtor-studio’s foreclosing lender).
- Represented an entertainment company on its acquisition of a film through a private foreclosure sale.
- Represented a global real estate investment firm on several matters including the bankruptcy of distressed property in Las Vegas.
- Represented a subsidiary of a national floral retailer and distribution company in its acquisition of a bakery through an assignment of the benefit of creditors.
- Represented a German film fund in connection with its prosecution of contract and copyright infringement claims against an American entertainment conglomerate arising out of a chapter 11 bankruptcy case of an independent motion picture production and distribution company.
- Represented former directors and officers against claims that $1.5 million in deferred compensation received as insider preferential transfers, and recoverable by the chapter 7 trustee.
- Represented a venture capital investor's designated board member of a portfolio company against breach of duty claims by a chapter 7 trustee. Obtained summary judgment in favor of the client on all claims and the litigation was dismissed.
- Represented a diet supplement company in state court against fraudulent transfer claims brought by a major U.S. bank.
- Defended an individual, whose 23-year old bankruptcy case was reopened, against claims of “fraud on the court” brought by the chapter 7 trustee.
- Defended a sporting and recreational goods distributor against breach of contract and defamation claims and its principals against alter ego allegations.
- Counsel to a group of disgruntled investors in the chapter 7 bankruptcy of a real estate lending company that sought to wrest control of the estate’s loan portfolio (e.g., the management and servicing rights) away from the chapter 7 trustee and other companies.
- Counsel to a former director and CEO of a communications planning and media buying agency on matters concerning corporate governance and pre-bankruptcy efforts to implement an orderly liquidation and wind-down of the agency.
- Counsel to a CFO of a start-up, focused on the development of electric vehicles, on matters relating to his departure and establishment of a new electric vehicle company.
- Counsel to a wholesale nursery company in the refinancing of its senior secured credit facility.