Out-of-court wind down of operations and assets

Out-of-court financial restructuring

Out-of-court wind down of operations and assets

Principals of Force 10 served separately as financial advisor and investment banker to the Debtor, and legal counsel to bidder. Navigated intricate inter-creditor issues. Plan of reorganization was funded by the sale of media and real estate properties.

Served as CRO and FA. Turned Debtor cash flow positive. Oversaw sale of each business segment to two different buyers during COVID-19 to maintain patient care. Paid all secured debt via a Chapter 11 Plan.

Supporting litigation counsel in efforts to recover nearly $200 million in fraudulent transfers. Litigation is pending.

Force 10's involvement resulted in higher return to creditors/investors than fund sponsor status quo who was accused of ponzi-like behavior.

Oversaw post-Chapter 11 Plan of Reorganization.

Roscoe's was a Trustee in Possession Chapter 11. Force 10 developed and confirmed an unsecured creditor Plan of Reorganization that ensured ongoing operations to make plan payments to creditors. Force 10 also selected new operator. Force 10 then became Plan Administrator to ensure Plan compliance.

Force 10 negotiated cash collateral with secured lender to collect outstanding receivables while Force 10 conducted an orderly wind down of operations. Force 10 then supported Chapter 7 trustee in various avoidance actions.

Provide operational and financial due diligence services

As financial advisor, we helped stabilize and return the business to profitability, facilitating a successful sale.

Chapter 9 Reorganization to maintain continuity of healthcare in rural district.

Served as Expert Witness in retrial for defendant Idanta Partners, Ltd. in Los Angeles Superior Court against claims by American Master Lease LLC for aiding and abetting a breach of fiduciary duty. Jury awarded $0 in damages.

Provided valuation and sale feasibility testimony that resulted in removing state court Receiver. Then conducted a 363 sale that resulted in ending shareholder dispute, all creditors paid in full, and a return to equity.

Force 10 developed and executed a strategy to finance the chapter 11 case, re-acquire land that had been optioned to raise cash, resolved the claims of the ‘recission LPs’ via an adversary proceeding which resulted in them receiving $0, restructured Fund operations, and confirmed a plan of reorganization that repaid creditors in full and provided both exit financing and the opportunity for the Fund (and its remaining LPs) to move forward with development of the property. Force 10’s work on XS Ranch was awarded “Financials Deal of the Year (Under $500MM)” by The M&A Advisor.

Force 10 acted as investment banker and sold restaurants in multiple transactions.

Served as Expert Witness to determine valuation, solvency, and damages. Prevailed over plaintiff's demands and damages position.

Out-of-court wind down of operations and assets

Financial advisor to secured creditor

Financial advisor and investment banker to Chapter 11 Debtor

Individual Debtor with high-value litigation judgment liability, complex assets, and ongoing business disputes.

Sold patent portfolio of this non-operating business for Chapter 7 Trustee.

Financial Advisor to the Debtor. 363 Sale to lender and strategic partner - Gunthy-Renker.

Appointed Receiver in high-profile litigation surrounding Michael Avenatti.

Financial advisor to the Debtor during its Chapter 11 proceedings

Independent Board Director

Chapter 11 Plan of Reorganization

Force 10 took control of the company's intellectual property and IT infrastructure to preserve for due diligence, discovery, and causes of action.

Financial advisor to Chapter 11 Debtors. Reorganization accomplished.

Force 10 represented the general unsecured creditors in a highly contested Plan of Reorganization that resulted in a conversion to an operating Chapter 7 to remove control from the Debtor's insiders.

Joint venture between Turnberry and MGM, which built three luxury condominium towers behind the MGM Grand on the Las Vegas strip. The Debtors filed bankruptcy to address litigation by plaintiffs who accused the debtors of fraud, among other causes of action, in selling the condo towers.

Force 10 served as court-appointed financial advisors to secure a stalking horse bid and purchaser of the Friendly Village Mobile Home Park, resulting in an $11 million sale. Force 10 managed a complex due diligence process and communicated with more than 200 potential bidders.

Confirmed a plan of reorganization during COVID-19 whereby the Insider provided new value in exchange for 100% of the reorganized Debtor's equity.

Provided fairness opinion to board special committee to confirm the fairness, from a financial point of view, of the purchase consideration.

Force 10 provided the Chief Restructuring Officer. Working closely with the senior lender and creditors’ committee, Force 10 managed the restructuring process and successfully negotiated a joint consensual Plan of Reorganization between Scoobeez, the official committee of unsecured creditors, and Hillair Capital Management, LLC, the senior secured lender, to allow the emergence from bankruptcy with a new capital structure.

Force 10 served as financial advisor to the Debtors.

Served as an expert witness to opine on the capital raising process, including the role of an investment banker and placement agent, its fiduciary responsibility, and standard operating procedures regarding due diligence and disclosure related to capital formation for its China-based client seeking funds from US investors. (Force 10 professional at prior firm).

Financial advisor to the official committee of unsecured creditors (F10 professionals while at prior firm)

Conducted forensic accounting investigation solvency analysis, determined voidable transfers, and worked with counsel to recover assets for the benefit of creditors.

Asset valuation in support of sale via California Assignment for the Benefit of Creditors

Representing secured creditor to Chapter 11 debtor

Financial advisor to the official committee of unsecured creditors (F10 professionals while at prior firm)

Financial advisor to the official committee of unsecured creditors (F10 professionals while at prior firm)

Financial advisor to the official committee of unsecured creditors (F10 professionals while at prior firm)

Financial advisor to the official committee of unsecured creditors (F10 professionals while at prior firm)

Financial advisor to the official committee of unsecured creditors (F10 professionals while at prior firm)

Financial advisor to the official committee of unsecured creditors (F10 professionals while at prior firm)

Financial advisor to the official committee of unsecured creditors (F10 professionals while at prior firm)

Business economics improved during the pendency of the bankruptcy case, while claims were settled and case was adjudicated via a structured dismissal.

Conducted valuation and 363 sale resulting in sale to management's highest and best bid. Plan of Reorganization settled outstanding claims.

Force 10 was engaged just prior to the deadline for an amended Plan of Reorganization after the plan on file was rejected by the secured creditor and the court was leaning towards not confirming. Force 10 quickly analyzed the plan model, made market-based recommendations to assumed economics and leasing timelines, and evaluated interest rates and property valuations. The results of Force 10's analysis and recommendations culminated in a reformulated confirmable plan and the secured creditor withdrew its objection paving the way for plan confirmation.

Deeply insolvent company abandoned by equity. Determined state court could provide a better venue for creditors. Motion to dismiss the case and appoint a Receiver was successful.

Completed a comprehensive cost and profitability analysis to improve enterprise value for the benefit of secured lender and shareholders. Work resulted in refinancing of secured indebtedness.

Force 10 developed and confirmed a liquidating plan of reorganization, completed the sale/disposition processes for the estate’s owned assets and LLC interests, generating cash for general unsecured creditors’ recovery on their claims.

Sendio was challenged by a legacy cost-structure and weary investors. Without access to liquidity, Sendio required a reorganization via an Assignment of the Benefit of Creditors. As the result of an auction, Sendio was sold to a European-based fund and maintained continuity with employees and customers while significantly reducing its operating costs.

Force 10 professionals took over operations, facilitated scheduled procedures, and oversaw orderly winddown.

Served as Receiver to effectuate a Chapter 11 Plan of Reorganization.

Conducted orderly wind down of operations, analyzed avoidable transfers, and supported litigation.

Confirmed a highly contested Plan of Reorganization involving significant real estate partner business disputes over an approximately $40 mm portfolio.

Provided litigation support and opinions on solvency and fraudulent transfers.

Manager of venture capital fund family after sponsor was removed for allegations of misappropriations.

Conducted preference, fraudulent transfer, and solvency analysis to support Trustee claims against transferees.

Determined flawed business model and then oversaw portfolio wind down to maximize value to stakeholders.

Appointed Sua Sponte as Receiver in Delaware Chancery Court. Then served as Responsible Party through Chapter 11 that raised cash through asset sales, avoided preferences and fraudulent transfers, and settled D&O claims resulting in approximately $5mm gross proceeds.

Retailer succumbed to the pressure of omnichannel competitors. Executed on orderly liquidation to maximize recovery to creditors.

KP3 was placed in an involuntary Chapter 7. Force 10 provided the solvency opinion and expert testimony to demonstrate that the Debtor was indeed solvent. Case was dismissed.

Maintain complex data, software code and books and records for the benefit of litigation parties.

Took assignment and sold the assets of this high-concept Southern California based restaurant chain in a manner in which the buyer was able to immediately restart operations. Settled litigation claims with secured creditor and others.

Represented Foxconn, the largest claimant and supplier, with respect to the Chapter 11 bankruptcy of Fuhu. Assisted in settling cross-claims and reduced Foxconn's potential exposure.

Served as Expert Witness on Plan feasibility for VER, a creditor of BII. Our compelling testimony resulted in an agreement and stipulation for more favorable Plan treatment for our client.

Partner dispute regarding alleged misappropriated funds

Assisted Chapter 7 trustee with maximizing asset value via Article 9 sale when Judge denied Section 363 sale for the sole benefit of Secured Creditor.

Advised Chase Capital during the bankruptcy. Provided Debtor oversight and coordinated the going concern sale of the refinery.

Force 10 determined the creditors were better served by a Chapter 7 Trustee. The case was subsequently converted.

Marketed assets and conducted 363 sale via auction.

Avoided lien attachments and levies via Chapter 11 with complex state court proceedings. Resolved via full pay Plan of Reorganization.

Served as Receiver of Bankruptcy Debtor affiliate.

A Force 10 affiliate served as Assignee, oversaw on-site equipment auction and wound down the entity.

In response to Bankruptcy Trustee litigation, provided expert opinion on solvency and transfers. Mediation resulted in favorable settlement to Force 10 client.

Managed multi-party discovery related to intellectual property (software code).