White & Case
  Representative Client Transactions

Recent restructurings and bankruptcies in which White & Case played a major role include:

  • We represented Mirant Corporation, one of the largest producers, generators and marketers of electricity in the world, in its Chapter 11 case before the US Bankruptcy Court for the Northern District of Texas involving more than $10 billion in debt - the largest bankruptcy filing in the US in 2003 and the tenth largest bankruptcy filing in US history.
  • In the Adelphia Communications Corporation case, among the largest and most complex ever brought in the US Bankruptcy Court for the Southern District of New York, White & Case represents the Arahova Noteholders Committee, one of the primary unsecured stakeholders in the chapter 11 cases of Adelphia Communications.  The Adelphia chapter 11 cases, which were commenced in June of 2002, have been characterized as involving among the largest and most contentious intercreditor disputes in United States history, with rights to over $18 billion of value at issue.  The Arahova Noteholders Committee, an ad hoc committee of hedge funds holding bonds in Arahova Communications, Inc. (an Adelphia subsidiary), has been one of the principal litigants in the dispute which has drawn repeated coverage in the Wall Street Journal and near daily coverage in bankruptcy periodicals.
  • In the Delphi Corporation case, the largest manufacturing bankruptcy case in US history, our firm is currently acting as counsel to two of the largest securities holders of the debtors, and played the leading role in heavily-contested litigation leading to the appointment of an equity holders committee.
  • In a landmark matter in the communications sector, in September, 2003, our client United Pan-Europe Telecommunications N.V. emerged from its concurrent US Chapter 11 proceedings in New York and Dutch moratorium proceedings. This dual-track restructuring was without precedent and was effected over substantial opposition, which continued up to the Dutch Supreme Court. It enabled the company to equitize two-thirds of the €10 billion of outstanding debt it had amassed after years of heavy investment in the Internet and telecom sectors.
  • We represented the Official Committee of Excel Independent Representatives in the Chapter 11 cases of VarTec Telecom, Inc., one of the largest pending telecommunications cases before the US Bankruptcy Court for the Northern District of Texas, with an unsecured creditor base of over 106,000 constituents.
  • White & Case represented Satelites Mexicanos, S.A. de C.V. when the Federal Government, through The Ministry of Communications and Transportation, with the consent of the Ministry of Finance, and Public Credit, requested the appointment of Mr. Thomas S. Heather as insolvency administrator  ("conciliator") with regard to the insolvency proceeding of SATMEX (concurso mercantil), as well as its related proceedings in New York pursuant to Section 304 of the US Bankruptcy Code. 
  • We represented The Williams Companies, Inc. ("TWC"), the largest creditor ($2.5 billion) and former parent of Williams Communications Group ("WCG") in its Chapter 11 case before the US Bankruptcy Court for the Southern District of New York. WCG operated one of the nation's largest fiber-optic networks. TWC was the largest creditor in the case, owed over $2.5 billion, and was also the primary target of litigation by WCG's creditors seeking equitable subordination and other relief arising from the April 2001 spin-off of WCG. Through our efforts, a global settlement was achieved.
  • White & Case represented the Official Committee of Unsecured Creditors in the Chapter 11 case of The IT Group Inc. - one of the largest environmental and remediation companies with over $1 billion in annual revenues - before the US Bankruptcy Court for the District of Delaware.     
  • Our lawyers represented the Official Committee of Unsecured Creditors appointed in the Chapter 11 case of Quality Stores, Inc. - one of the largest nationwide retailers of farming and agricultural products - before the US Bankruptcy Court for the Western District of Michigan.
  • White & Case represented PhyAmerica Physician Group, Inc., the operator of more than 250 hospital emergency rooms, in its Chapter 11 case before the US Bankruptcy Court for the Eastern District of Maryland, filed as a consequence of the insolvency of its principal lender, National Century Financial Enterprises, Inc.
  • Our lawyers represented Corporación Durango, the largest paper and wood products company in Mexico, in its successful restructuring of nearly one billion in debt pursuant to the Ley de Concursos Mercantiles in Mexico, and its simultaneous ancillary proceeding before the US Bankruptcy Court for the Southern District of New York.
  • We represented the Official Committee of Unsecured Creditors of Venturelink Holdings, Inc. and its affiliated debtors ("Venturelink") before the United States Bankruptcy Court for the Northern District of Texas. The Venturelink debtors operated numerous and divergent businesses, including the manufacture and sale of wire and cable; community banking; sub-prime auto loan origination and servicing; specialty automotive finance; debt collection services; commercial technology ventures; venture capital; and real estate, among others.
  • In one of the largest emerging markets restructurings and one of the most complex workout transactions ever undertaken, White & Case represented Asia Pulp & Paper Ltd. as global corporate and restructuring counsel in connection with the restructuring of approximately $14 billion in financial indebtedness, including over $6 billion in bonds.  APP is a Singaporean company listed on the NYSE with operating subsidiaries in Singapore, Indonesia, China, Malaysia, Mexico and the US.
  • White & Case represented the Foreign Bank Steering Committee on the successful closing of one of the largest restructuring deals in Asia of recent years - the $7 billion SK Global restructuring that closed in October 2003.  We represented the eight banks comprising the committee, which were in turn appointed by the 37 foreign creditors of the SKN Group to oversee and negotiate the restructuring process in respect of the foreign bank debt. In this matter, the new Korean Corporate Restructuring Promotion Act was used for the first time.
  • In a landmark application that could well pave the way for additional effective restructuring activity involving foreign companies with assets in Japan, White & Case successfully applied to the Bankruptcy Division of the Tokyo District Court for recognition in Japan of the status of the Hong Kong-appointed Provisional Liquidators of Jinro (HK) International Limited, one of the world's largest alcoholic beverage manufacturers.
  • Drawing upon our experience in US, Japanese and French aircraft finance, and US bankruptcy law, White & Case has played a major role in representing creditor interests in the Chapter 11 cases involving the Airline Industry.  Most recently, White & Case is acting for several aircraft finance creditors in the Chapter 11 cases of Northwest Airlines and Delta Air Lines.  Such representations have included advising the aircraft finance creditors of their relative rights in the Chapter 11 proceedings, the renegotiation of existing lease and financing documents as well as taking an active role in the bankruptcy proceedings representing the interests of the aircraft finance parties in respect of the debtors' financing, aircraft rejection and abandonment procedures, claims process and numerous other matters.
  • In the Fleming Companies, Inc. Chapter 11 cases filed in the United States Bankruptcy Court for the District of Delaware, White & Case represented Deutsche Bank Trust Company Americas and JPMorgan Chase Bank, as agents, with respect to $609 million of pre-petition debt, as well as in connection with $150 million of post-petition debtor-in-possession financing. At the time of the commencement of the Chapter 11 cases, the Fleming Companies were the largest distributor of consurnable goods in the US, with net sales for the twelve months ending December 31, 2002 of $17.6 billion.
  • White & Case is representing The Bank of New York, as indenture trustee for the 11.25% Senior Secured Notes due 2009 issued by Solutia and/or its predecessor in connection with the Chapter 11 cases of Solutia and its affiliated debtors pending in the United States Bankruptcy Court for the Southern District of New York. Solutia is a multinational corporate organization that manufactures and sells high-performance chemical-based materials for industrial and consumer use.
  • We are representing GE Capital Bank on the Czech tax aspects of the acquisition of a non-performing loan portfolio from Komerční banka, a.s., a major Czech bank and subsidiary of Société Générale. The nominal value of the portfolio was approximately $1 billion. We represented the client on all tax issues including negotiations with the seller concerning the VAT treatment of the transfer of collateral, the potential application of withholding tax and related representations to be made by the purchaser and structuring work within the GE group concerning the selection of the optimal entity for the acquisition.
  • Our lawyers are representing the joint administrators of the Sendo group of companies, the UK's only independent mobile phone handset manufacturer. On appointment, the administrators agreed to sell a large proportion of the group's valuable assets to another mobile phone manufacturer. The group had branches in France, Germany, the Netherlands, Portugal and Central and South America, leading to a number of complex issues.