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The Eleventh Circuit Rejects Challenge to Mercer Law LLC’s Client’s Litigation Funding to Liquidating Trustee

Mercer Law LLC represented the litigation funder to the Liquidating Trustee in the In re Westport Holdings Tampa, L.P. chapter 11 case pending in the United States Bankruptcy Court for the Middle District of Florida.  The litigation funding was in connection with fraudulent transfer and aiding and abetting breach of fiduciary duty claims against a…

Warren v. Valley National Bank (Bankr. M.D. Fla.)

The United States Bankruptcy Court for the Middle District of Florida entered an order approving the retention of Mercer Law LLC—by the Liquidating Trustee of WestPort Holdings Tampa, L.P. et al.—to pursue fraudulent transfer and aiding and abetting breach of fiduciary duty claims against a bank for its predecessor’s funding of a leveraged buy out. 

In re Wright Medical Tech., Inc., Conserve Hip Implant Products Liability Litig.

We are advising Co-Lead Counsel in the Multi-District Litigation in connection with Stryker B.V.’s $4 billion tender offer for the shares of Wright Medical Group N.V.

In re Sea Island Co. (Bankr. S.D. Ga.)

Counsel to the liquidation trustee in bankruptcy cases with over a billion dollars of debt. As the United States District Court for the Southern District of Georgia recognized, the cases are “one of the largest filings in this District’s history.” 

Confidential Settlement

Retained as insolvency counsel for personal injury plaintiff because defendant’s outside counsel advised plaintiff’s counsel that plaintiff would never recover more than defendant’s $4 million policy. After and as result of our work, defendant agreed to contribute $1.5 million of its own funds for a $5.5 million settlement.

In re Beth Israel Hospital Assoc. of Passaic (Bankr. D.N.J.)

Counsel to large well-known national consulting firm. Settled purported avoidance actions of over $1,250,000 for only $10,000 based on challenges to insolvency and other defenses that would have threatened the avoidance portfolio of trustee of a large hospital.

In re Morris Brown College (Bankr. N.D. Ga.)

Counsel to indenture trustee in highly contested college bankruptcy. Obtained favorable settlement for the sale of the sole holder’s claim.

In re Lynx Chemical Grp., Inc. (Bankr. N.D. Ga.)

Counsel to the official committee of unsecured creditors. The committee’s investigation and challenge to the last-out lender’s loan led to a post-conversion settlement.

Confidential Restructuring

Counsel to a manufactured housing company in South Georgia. Advised it through the liquidation of its business outside of bankruptcy.

In re Eat Here Brands LLC (Bankr. N.D. Ga.)

Conflicts counsel. Successfully resolved numerous PACA claims.

In re MetroHealth Indiana, Inc. (Bankr. N.D. Ga.)

Confirmed chapter 11 plan as counsel to multi-facility chain nursing home debtor located in Indiana.

In re Verilink Corp. (Bankr. N.D. Ala.)

Debtors’ counsel to publicly traded companies that developed, manufactured, and marketed a broad range of telecom products. Obtained confirmation of chapter 11 plan.

In re Montco, Inc. (Bankr. N.D. Ga.)

Counsel to national bank. Obtained stay relief against debtor within one month of the petition date and within eight days of filing the motion.

In re Phillips Pet & Food Supplies, Inc. (Bankr. Mass.)

Counsel for private equity fund in connection with purchasing substantially all of the assets of a pet food debtor in a section 363 sale.

In re Formica Corp. et al (Bankr. S.D.N.Y.)

Counsel for largest carpet manufacturer in connection with its purchase of carpet manufacturing facility in section 363 sale.

In re Bland Farms (Bankr. S.D. Ga.)

Counsel to the pre-petition and debtor-in-possession lender to largest Vidalia onion grower. Client was repaid in full including fees and interest. Prevailed on district court appeal challenging client’s cross collateralization resulting in only published decision from a court in the Eleventh Circuit allowing cross collateralization.

In re Tattersall Club Corp. (Bankr. N.D. Ga.)

Counsel to special servicer of CMBS loan. Obtained stay relief against a golf club debtor within 36 days of the petition date.

In re Winder Renewable Methane, Inc. (Bankr. E.D. La.)

Counsel to hedge fund secured creditor. Within 45 days of the petition date, obtained stay relief and dismissal of a chapter 11 case of a methane recovery plant debtor.

In re Pike Nursery Holding, Inc. (Bankr. N.D. Ga.)

Co-counsel to the official committee of unsecured creditors.    The committee’s investigation led to a $3 million settlement with the directors and officers. 

In re Andersen 2000, Inc. (Bankr. N.D. Ga.)

Counsel to Fortune 100 manufacturer in multi-million dollar surety dispute.

In re Exclusive Resorts, Inc. (Bankr. D. Conn.)

Counsel to defendants of an alleged fraudulent transfer seeking purported actual damages of $7 million connection with the foreclosure of a Belizean island. Obtained a stay of the adversary proceeding based on the international comity of the courts doctrine.

In re Alabama Aircraft Industries, Inc. (Bankr. D. Del)

Counsel to a Fortune 30 aircraft manufacturer in connection with recovering numerous aircraft and challenging in the bankruptcy court and appellate courts the establishment of a section 363—as opposed to a plan— litigation trust through which client was sued.

In re Catalyst Natural Gas, LLC (Bankr. N.D. Ga.)

Counsel to the official committee of unsecured creditors. The committee’s investigation led to a pre-suit settlement with a natural gas vendor based on its operational and corporate governance control of the debtor in which the vendor gave up over a million dollars of its $5 million dollar secured claim.

In re West Jefferson Amusement and Public Park Authority (Bankr. N.D. Ala.)

Counsel to the indenture trustee of $90 million of municipal bonds. Successfully opposed the prepetition appointment of a receiver by several large judgment creditors. Postpetiton represented the indenture trustee in what was then the largest chapter 9 case in Alabama history.

In re Printmasters Acquisition Corp. (Bankr. N.D. Ga.)

Prevailed as debtors’ counsel in expedited hearing on a multi-million dollar perfection dispute involving the lender’s accounts receivable and inventory.