Cases & Deals

Post Confirmation Trust of Fleming Companies is successful in its appeal against former creditor

Clients Post Confirmation Trust of Fleming Companies, Inc.

Jones Day represented the Post Confirmation Trust in nearly all facets of its winddown in bankruptcy. During this representation, Jones Day secured from the Delaware Bankruptcy Court a vexatious litigation injunction against a software developer, Wayne Berry. Berry had brought several significant litigations against Fleming, its former secured lenders and the purchaser of its assets. The trust had obtained dismissal or summary judgment on most of these claims, but Berry threatened to continue to litigate the claims in different forms, in different forums. These threatened claims, and the indemnification claims they triggered, had been an impediment to the ultimate windup of the Fleming estate, and their injunction was important to windup the trust. Jones Day also advised and represented the Post Confirmation Trust on other asset monetization matters. The Fleming Companies case closed in July of 2014, and recoveries were multiples of those projected in the disclosure statement.