Engagements
The following are selected Force 10 engagements.
Over $250mm of asset sales within Chapter 11 proceeding resulted in significant distributions to unsecured creditors.
Learn more »Financial advisor to the Debtor during its 2023 Chapter 11 proceedings
Learn more »Financial advisor to the official committee of unsecured creditors
Learn more »Force 10 began its engagement approximately six months before the Chapter 11 and started analyzing the company's long-term viability. In conjunction with management and the sponsor, it was determined that the best course was to liquidate the entire store fleet for the benefit of its creditors. The successful liquidations were completed very early in the Chapter 11 case, and a plan was promptly negotiated with committee professionals.
Learn more »Storcentric, the parent company of enterprise storage solutions such as Nexsan and Retrospect, encountered an urgent liquidity crisis due to limited cash reserves and constraints on new debt. To address this challenge, the company enlisted the expertise of Force 10, who guided them through a Chapter 11 restructuring process. Force 10's counsel was crucial in securing debtor-in-possession (DIP) financing for Storcentric, which enabled the company to sustain operations and preserve its valuable customer relationships. Storcentric was acquired under a Section 363 process according to the United States Bankruptcy Code, culminating in Serene Investment Management's purchase of the company through its credit bid rights.
Learn more »As financial advisor, we assisted in negotiating a consensual Plan of Reorganization with muni bondholders, the PBGC, and unsecured creditors through issuing new tax-exempt debt.
Learn more »The hospital was plagued by ongoing losses putting access to local care in jeopardy. Hospital district was formed to purchase the facility and effectuate the reorganization.
Learn more »Buyside representation on 60-property portfolio spread across Marin and Sonoma Counties in Northern California. The portfolio, comprised of more than 1.4 million square feet of commercial and multifamily space, was acquired for a purchase price of $436.5 million.
Learn more »Ran operations during COVID-19, sold secured debt to effectuate 363 sale. Confirmed Chapter 11 Plan of Reorganization.
Learn more » News »Force 10 secured a DIP loan, stalking horse bidder, conducted 363 process and confirmed a Plan of Reorganization while negotiating a complex capital structure and various stakeholder priorities.
Learn more » News »Out-of-court wind down of operations and assets
Learn more »Served as CRO and financial advisor to the Debtors. Conducted rapid restructuring resulting in sale and significant return to creditors.
Learn more »Financial advisor and fund manager to venture fund family that fell victim to sponsor misappropriations.
Learn more »Force 10 procured DIP financing, conducted the 363 sale and advised on Plan confirmation.
Learn more » News »Out-of-court wind down of operations and assets
Learn more »Out-of-court financial restructuring
Learn more »Out-of-court wind down of operations and assets
Learn more »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.
Learn more »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.
Learn more »Supporting litigation counsel in efforts to recover nearly $200 million in fraudulent transfers. Litigation is pending.
Learn more »Force 10's involvement resulted in higher return to creditors/investors than fund sponsor status quo who was accused of ponzi-like behavior.
Learn more »Oversaw post-Chapter 11 Plan of Reorganization.
Learn more »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.
Learn more »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.
Learn more »Provide operational and financial due diligence services
Learn more »As financial advisor, we helped stabilize and return the business to profitability, facilitating a successful sale.
Learn more »Chapter 9 Reorganization to maintain continuity of healthcare in rural district.
Learn more »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.
Learn more »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.
Learn more »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.
Learn more »Force 10 acted as investment banker and sold restaurants in multiple transactions.
Learn more »Served as Expert Witness to determine valuation, solvency, and damages. Prevailed over plaintiff's demands and damages position.
Learn more »Out-of-court wind down of operations and assets
Learn more »Financial advisor to secured creditor
Learn more »Financial advisor and investment banker to Chapter 11 Debtor
Learn more »Individual Debtor with high-value litigation judgment liability, complex assets, and ongoing business disputes.
Learn more »Sold patent portfolio of this non-operating business for Chapter 7 Trustee.
Learn more »Financial Advisor to the Debtor. 363 Sale to lender and strategic partner - Gunthy-Renker.
Learn more »Appointed Receiver in high-profile litigation surrounding Michael Avenatti.
Learn more »Financial advisor to the Debtor during its Chapter 11 proceedings
Learn more »Independent Board Director
Learn more »Chapter 11 Plan of Reorganization
Learn more »Force 10 took control of the company's intellectual property and IT infrastructure to preserve for due diligence, discovery, and causes of action.
Learn more »Financial advisor to Chapter 11 Debtors. Reorganization accomplished.
Learn more »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.
Learn more »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.
Learn more »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.
Learn more »Confirmed a plan of reorganization during COVID-19 whereby the Insider provided new value in exchange for 100% of the reorganized Debtor's equity.
Learn more »Provided fairness opinion to board special committee to confirm the fairness, from a financial point of view, of the purchase consideration.
Learn more »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.
Learn more »Force 10 served as financial advisor to the Debtors.
Learn more »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).
Learn more »Financial advisor to the official committee of unsecured creditors (F10 professionals while at prior firm)
Learn more »Conducted forensic accounting investigation solvency analysis, determined voidable transfers, and worked with counsel to recover assets for the benefit of creditors.
Learn more »Asset valuation in support of sale via California Assignment for the Benefit of Creditors
Learn more »Representing secured creditor to Chapter 11 debtor
Learn more »Financial advisor to the official committee of unsecured creditors (F10 professionals while at prior firm)
Learn more »Financial advisor to the official committee of unsecured creditors (F10 professionals while at prior firm)
Learn more »Financial advisor to the official committee of unsecured creditors (F10 professionals while at prior firm)
Learn more »Financial advisor to the official committee of unsecured creditors (F10 professionals while at prior firm)
Learn more »Financial advisor to the official committee of unsecured creditors (F10 professionals while at prior firm)
Learn more »Financial advisor to the official committee of unsecured creditors (F10 professionals while at prior firm)
Learn more »Financial advisor to the official committee of unsecured creditors (F10 professionals while at prior firm)
Learn more »Business economics improved during the pendency of the bankruptcy case, while claims were settled and case was adjudicated via a structured dismissal.
Learn more »Conducted valuation and 363 sale resulting in sale to management's highest and best bid. Plan of Reorganization settled outstanding claims.
Learn more »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.
Learn more »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.
Learn more »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.
Learn more »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.
Learn more »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.
Learn more »Force 10 professionals took over operations, facilitated scheduled procedures, and oversaw orderly winddown.
Learn more »Served as Receiver to effectuate a Chapter 11 Plan of Reorganization.
Learn more »Conducted orderly wind down of operations, analyzed avoidable transfers, and supported litigation.
Learn more »Confirmed a highly contested Plan of Reorganization involving significant real estate partner business disputes over an approximately $40 mm portfolio.
Learn more »Provided litigation support and opinions on solvency and fraudulent transfers.
Learn more »Manager of venture capital fund family after sponsor was removed for allegations of misappropriations.
Learn more »Conducted preference, fraudulent transfer, and solvency analysis to support Trustee claims against transferees.
Learn more »Determined flawed business model and then oversaw portfolio wind down to maximize value to stakeholders.
Learn more »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.
Learn more »Retailer succumbed to the pressure of omnichannel competitors. Executed on orderly liquidation to maximize recovery to creditors.
Learn more »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.
Learn more »Maintain complex data, software code and books and records for the benefit of litigation parties.
Learn more »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.
Learn more »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.
Learn more »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.
Learn more »Partner dispute regarding alleged misappropriated funds
Learn more »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.
Learn more »Advised Chase Capital during the bankruptcy. Provided Debtor oversight and coordinated the going concern sale of the refinery.
Learn more »Force 10 determined the creditors were better served by a Chapter 7 Trustee. The case was subsequently converted.
Learn more »Marketed assets and conducted 363 sale via auction.
Learn more »Avoided lien attachments and levies via Chapter 11 with complex state court proceedings. Resolved via full pay Plan of Reorganization.
Learn more »Served as Receiver of Bankruptcy Debtor affiliate.
Learn more »A Force 10 affiliate served as Assignee, oversaw on-site equipment auction and wound down the entity.
Learn more »In response to Bankruptcy Trustee litigation, provided expert opinion on solvency and transfers. Mediation resulted in favorable settlement to Force 10 client.
Learn more »Managed multi-party discovery related to intellectual property (software code).
Learn more »