Emily E. Geier, P.C.

Express, Inc. — Representing Express, Inc. and certain of its affiliates in their Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. Express is a forty-year old iconic fashion brand headquartered in Columbus, Ohio with 600 stores across the United States and partnerships spanning the globe. In addition to the Express brand, the Bonobos and UpWest retail banners are included in the Chapter 11 cases. Express is a publicly traded company with over $1 billion of liabilities as of the petition date.

Bed Bath & Beyond, Inc. — Representing Bed Bath & Beyond, Inc. and 73 of its affiliates in their Chapter 11 cases in the U.S. Bankruptcy Court for the District of New Jersey. Bed Bath & Beyond is the largest home goods retailer in the United States, offering everything from bed linens to cookware to home organization, baby care, and more. Bed Bath & Beyond operates hundreds of stores and employs approximately 14,000 people across North America. Through its Chapter 11 case, Bed Bath & Beyond will conduct an orderly and value-maximizing wind down of its business, while simultaneously marketing a sale of all or part of the business. Prior to the Chapter 11 filing, advised Bed Bath & Beyond on a series of complex transactions, including an underwritten public offering for up to $1 billion in proceeds and a concurrent significant amendment of its credit agreement to decelerate the debt, waive certain defaults, and upsize the FILO facility by $100 million.

Aearo Technologies LLC — Representing Aearo Technologies LLC and its debtor affiliates in their Chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of Indiana. Aearo Technologies is a market leader in the energy control space, providing custom noise, vibration, thermal, and shock protection solutions to the aerospace, commercial vehicle, heavy equipment, and electronics industries. Aearo Technologies and its non-Debtor parent 3M are defendants in the largest multi-district litigation in history, with over 230,000 personal injury claims filed related to certain historical Aearo products.

Nordic Aviation Capital — Represented Nordic Aviation Capital Designated Activity Company and its subsidiaries in connection with their prearranged Chapter 11 cases in the U.S. Bankruptcy Court for the Eastern District of Virginia. NAC, an Irish company, is the largest regional aircraft lessor in the world with more than 475 aircraft. With over $7.7 billion of liabilities, NAC was the largest Chapter 11 filing in 2021. 

FTS International, Inc. — Represented FTSI and its affiliates in their prepackaged Chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of Texas. FTSI, a publicly-traded company, is one of the largest providers of hydraulic fracturing services in North America and provides customized hydraulic fracturing solutions to exploration and production companies to enhance recovery rates from oil and gas wells drilled in the most active basins in the United States. FTSI commenced its Chapter 11 cases with a restructuring support agreement with over 87% of the holders of the company’s funded secured debt. If the company’s prepackaged Chapter 11 plan is approved, holders of approximately $440 million of funded secured debt will exchange their debt claims for over 90% of the equity in the reorganized debtors, holders of FTSI’s existing equity will receive approximately 10% of the equity in the reorganized debtors, and all ongoing business trade claims will ride through the bankruptcy unimpaired.

Jason Industries, Inc. — Represented Jason Industries, Inc. and its subsidiaries in their Chapter 11 cases in the United States Bankruptcy Court for the Southern District of New York. Jason is a publicly-traded global industrial manufacturing company that provides mission critical components and manufacturing solutions—including brushes, polishing buffs, compounds, and seating products—to customers across a wide range of end markets, industries, and geographies. On June 24, 2020, Jason solicited and filed its prepackaged Chapter 11 cases with the support of over 87% of its first lien lenders under a restructuring support agreement. If approved, the prepackaged plan will deleverage Jason’s balance sheet by approximately $250 million and leave general unsecured claims unimpaired.

Pier 1 Imports, Inc. — Represented Pier 1 Imports, Inc. and its subsidiaries in their Chapter 11 cases in the United States Bankruptcy Court for the Eastern District of Virginia. Pier 1 is a publicly-traded omnichannel retailer specializing in home furnishings and décor with 923 stores in the United States and Canada.

Sungard AS Capital, Inc. — Represented Sungard AS Capital, Inc. and its affiliates in their Chapter 11 cases in the U.S. Bankruptcy Court of the Southern District of New York, in the fastest Chapter 11 case in history. Sungard AS obtained confirmation in less than 19 hours on May 2, 2019. In addition, Sungard AS emerged from Chapter 11 faster than any company in history—staying in Chapter 11 for less than 48 hours. Sungard AS, a provider of availability and recovery services, had approximately $1.26 billion in funded debt at the commencement of its Chapter 11 cases and deleveraged by over $900 million upon emergence.

FullBeauty Brands Holdings Corp. — Represented FullBeauty Brands Holdings Corp. and its affiliates in their Chapter 11 cases in the U.S. Bankruptcy Court of the Southern District of New York. FullBeauty is an online plus-size apparel retailer that had $1.27 billion in funded debt at the commencement of filing. This was the first Chapter 11 case in history to obtain confirmation of a prepackaged Chapter 11 plan in less than 24 hours on February 4, 2019. FullBeauty emerged shortly thereafter on February 7, 2019.

Toys“R”Us, Inc. ― Represented Toys “R” Us, Inc. and several of its direct and indirect subsidiaries in one of the largest ever retail Chapter 11 filings in the United States Bankruptcy Court for the Eastern District of Virginia, Richmond Division. Following implementation of a strategy to effect a successful wind-down of operations in the United States and going concern sales and/or reorganizations of operations throughout the world, including Asia, led efforts to construct and implement global settlement agreements amongst all stakeholders and five distinct Chapter 11 plans.

Energy Future Holdings Corp. ― Represented Energy Future Holdings Corp. and 70 of its affiliates (collectively, “EFH”) in their Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. EFH — the largest generator, distributor, and certified retail provider of electricity in Texas — is the product of the largest buy-out in history. With over $49 billion in liabilities and $36 billion in assets, EFH’s Chapter 11 case is the largest operating Chapter 11 case ever filed in Delaware and the seventh largest Chapter 11 case filed in history.

C&J Energy Services ― Represented C&J Energy Services, a leading provider of well construction, well completions, well support and other complementary oilfield services to oil and gas exploration and production companies, in its prenegotiated Chapter 11 filing in the United States Bankruptcy Court for the Southern District of Texas. With nearly 5,000 employees, C&J services include directional drilling, cementing, hydraulic fracturing, cased-hole wireline, coiled tubing, rig services, fluids management services and other special well site services. C&J eliminated approximately $1.4 billion in debt from its balance sheet, substantially deleveraging its capital structure and strongly positioning the company for long-term success.

Southcross Holdings LP ― Represented Southcross Holdings and its subsidiaries (including Southcross Energy Partners, L.P., a master limited partnership), which provides gas gathering, compression, treating, processing and NGL fractionation and transportation services and had more than $1.4 billion in funded debt and preferred equity obligations. Southcross implemented the restructuring through a prepackaged Chapter 11 bankruptcy for the privately-held holding company―the first sponsor-backed prepackaged bankruptcy in the oil and gas industry. This 15-day bankruptcy was one of the shortest Chapter 11 reorganization cases in U.S. history.

Nebraska Book Company — Represented Nebraska Book Company, Inc., a college bookstore chain and textbook wholesaler, in its Chapter 11 restructuring. The company provides new and used textbooks for college students and runs 280 stores located on or near U.S. college campuses. Through its wholesale division, Nebraska Book also sells to third-party distributors and on the Internet. As of the June 27, 2011 commencement of its Chapter 11 cases, Nebraska Book reported assets of approximately $657.2 million in book value and liabilities of approximately $563.9 million in book value.

Maxcom Telecomunicaciones, S.A.B. de C.V. ― Represented this Mexican telecommunications provider in all aspects of its prepackaged Chapter 11 cases filed in the U.S. Bankruptcy Court for the District of Delaware on July 23, 2013. Maxcom, private equity firm Ventura Capital Privado, S.A. de C.V., an ad hoc group holding an aggregate amount of approximately US$86 million of Maxcom’s 11 percent Senior Notes due 2014, and certain of its prepetition equity holders reached agreements on the terms of restructuring support and recapitalization agreements. Ventura agreed to make a capital contribution of US$45.0 million dollars and conduct a tender offer pursuant to U.S. and Mexican securities law to acquire up to 100 percent of the issued and outstanding shares of Maxcom for cash, at a price equal to Ps.$2.90 (two pesos and 90/100) per CPO. All classes of creditors and interests are unimpaired and will be paid in full under the Plan, except for Senior Notes claims, which are entitled to receive replacement notes of the same principal amount but with a reduced coupon and a maturity date extended from 2014 to 2020, cash in the amount of certain unpaid interest accrued on the Senior Notes, and rights to purchase equity that is unsubscribed by Maxcom’s current equity holders. Over 98 percent in amount and over 93 percent in number of the holders of Senior Notes that cast ballots voted to accept the Plan, which the bankruptcy court confirmed on September 11, 2013, allowing Maxcom to exit bankruptcy on October 11, 2013.

Barneys ― Represented this luxury specialty retailer with flagship stores in New York City, Beverly Hills, Chicago, Seattle, Boston, Dallas, San Francisco, Las Vegas and Scottsdale in connection with its successful out-of-court restructuring that resulted in a debt for equity conversion and new money investment that reduced Barney's long-term outstanding indebtedness from more than $590 million to $50 million. Founded as a men's retailer in 1923 in downtown Manhattan, Barneys turned into an international arbiter of high style for both women and men in the 1970's and become renowned for discovering and developing new and innovative design talent. Barneys also operates a highly successful online business at Barneys.com.

Horizon Lines, Inc. ― Represented Horizon Lines, Inc. and its subsidiaries, the nation’s leading domestic ocean shipping and integrated logistics company, in connection with two successful out-of-court restructurings. The first, in October 2011, was a $652.8 million out-of-court financial restructuring/refinancing and securities exchange offer that provided the opportunity for significant deleveraging. This was followed by a substantial de-leveraging achieved through an out-of-court restructuring in April 2012, in connection with a transaction with more than 99% of Horizon’s noteholders and Ship Finance International Limited that resulting in the termination of certain vessel charter obligations related to Horizon’s discontinued trans-Pacific service. At the time, Horizon owned or leased a fleet of 20 U.S.-flag containerships and operates five port terminals linking the continental United States with Alaska, Hawaii, Guam, Micronesia and Puerto Rico.

Lehman Brothers Australia, Ltd. ― Represented Lehman Brothers Australia, Ltd. in securing Chapter 15 recognition of its Australian liquidation proceeding, by the U.S. Bankruptcy Court for the Southern District of New York. Prior to its insolvency, Lehman Brothers Australia (a subsidiary of Lehman Brothers Holdings, Inc.) was involved in carrying on investment banking, securities broking, capital raisings and funds management activities within the Australian fixed income and equities markets.