James (Jay) W. Kapp, III, focuses his practice on corporate bankruptcies, reorganizations (including prepackaged and prearranged bankruptcy filings), out-of-court restructurings (including distressed financings and workouts), and creditor rights representation (with an emphasis on representing bondholders, indenture trustees and other secured creditors). Jay has significant experience representing debtors and creditors (secured and unsecured) with respect to such bankruptcy and restructuring matters.
Jay counsels interested buyers in the acquisition of distressed assets out of court (including Uniform Commercial Code (UCC) foreclosures and assignments for the benefit of creditors) and through bankruptcy proceedings (including 363 sales and plans of reorganizations). In addition, Jay advises board of directors of insolvent companies with respect to fiduciary duties and related concerns.
Represented a public university in the successful acquisition of a cancer institute that had filed for Chapter 11 in Las Vegas; in particular, the client was designated the “stalking horse” purchaser and participated in the debtor’s 363 sale process
Represented a client in the successful acquisition of Arizona Health Institute, pertaining to its cardiology and cardiovascular practice in the debtor’s Chapter 11 case filed in Phoenix, Arizona
Represented a French company in disrupting jurisdictional issues with respect to a Chapter 15 proceeding initiated in Delaware bankruptcy court
Represented a bond insurer in a $2.9 billion exposure to an insolvent student loan syndicator in a Massachusetts Chapter 11 proceeding
Represented a wholesale distributor of groceries with respect to the Chapter 11 filing of its sole supplier in Delaware, including the pursuit of approximately $20 million in secured, administrative and set off claims and the defense against threatened assertions of fraudulent conveyance claims with respect to related transactions
Represented an indenture trustee with respect to its interests in a distressed hockey facility, which filed for Chapter 11 protection in Chicago, Illinois
Represented 14 domestic affiliates as debtors in Chapter 11 cases filed in the Western District of New York, which culminated in the negotiation (including with the debtors’ unions) and confirmation of a plan of reorganization that provided the debtors’ second lienholder majority ownership of the reorganized company; such matter also involved significant issues arising from the debtors’ pursuit of a key employment retention program pursuant to the Bankruptcy Abuse and Consumer Protection Act of 2005
Represented debtors in their Louisville, Kentucky, Chapter 11 cases; the Chapter 11 cases were confirmed in approximately six months and involved the auction and sale of substantially all of the debtors’ assets, as well as the initiation and pursuit of an adversary proceeding to recharacterize certain leases as secure financing agreements
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