Chapter 11 Alert: Liquidating Trusts Remain a Viable Alternative for Unsecured Creditors (and Deficiency Secured Claims)
As the oil industry bankruptcy wave continues, the liquidating trust alternative pursuant to a Chapter 11 plan remains a viable alternative for the unsecured creditors who often are left behind (as well as deficiency claims of secured creditors).
As the liquidating trustee since plan confirmation in In re Gulf Fleet Holdings, Inc., et al, Case No. 10-50713 (W.D. La. 2010), we filed claims for voidable preferences, fraudulent transfers, breach of fiduciary duty, piercing the corporate veil, and others against certain creditors and insiders, and have recovered millions of dollars and are now preparing to make an interim distribution to the unsecured creditors (and deficiency claims of secured creditors) of millions of dollars (after paying the outside attorneys their contingency fees and costs as well as myself as the liquidating trustee).
Not only this, but as the liquidating trustee we continue to pursue millions more against another defendant and its insurer which has the potential to provide a full (or more substantial) recovery of the allowed unsecured claims (and deficiency claims of secured creditors).
There are substantial advantages and benefits for the unsecured creditors in appointing, as the liquidating trustee, an attorney experienced also in complex commercial litigation who can find creative ways to obtain meaningful recoveries for the unsecured creditors (and who is experienced in dealing with opposing counsel too).
Additional opportunities to serve in the role as liquidating trustee whether in Louisiana, Texas, Delaware, New York, or elsewhere during the oil industry bankruptcy wave should be plentiful and welcome.