Case Study
Brockwood-Oliver Creditor’s Trust
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The Fire
- A prominent El Paso, Texas based retail furniture dealer files Chapter 11.
- Pursuant to confirmed chapter 11 plan, retailer had stringent operating and financial guidelines.
- Liquidating Trust formed in case retailer faced a “chapter 22”.
- Retailer could not meet operational or financial metric
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The Rescue
- Liquidating Trustee foreclosed on the Trust’s collateral, conducted a “going-out-of-business” sale to liquidate inventory.
- Resolved issues of the debtor’s estate, including payment of administrative fees and tax claims.
- Successfully quantified all unsecured claims, including reducing exorbitant administrative claims that were unjustifiable under the circumstances.
- Developed and implemented cost-effective litigation strategy and realistic settlement parameters.
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The Result
- Successfully fully administered the estate and supervised a “going out of business sale” to maximize asset values.
- Prosecuted numerous preference actions under 11 U.S.C. 543 and several fraudulent conveyance actions to recover funds.
- Made a significant distribution to the unsecured creditors.


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