Brad B.Erens

Partner

Chicago + 1.312.269.4050

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Brad Erens has counseled clients for more than 30 years in some of the most complex and cutting-edge chapter 11 cases filed in the country. He oversees the Business Restructuring & Reorganization team in Jones Day's Chicago Office.

Brad's engagements include: Aetna and Zenith Industries (purchaser), Aldrich Pump and Murray Boiler (company), Allens (DIP lender), Amfac Hawaii (company), Appvion (administrative agent), AWI (DIP lender), Bestwall LLC (company), Borden Chemicals and Plastics (company), Boscov's Department Stores (company), Carmike Cinemas (bank group), Catalyst Paper (administrative agent), Circuit Systems (secured creditor), Collins & Aikman (purchaser), Detroit (debtor), El Camino Resources (secured lender), ERG Intermediate Holdings (company), Extreme Plastics (first lien lender), FLYi/Independence Air (company), FTD Company (company), General Growth Properties (DIP lender), Harry & David (company), Hollinger Inc. (primary secured bondholder), Hotel 71 (first lien mortgage lender), International Automotive Components Group (company), Leasing Solutions (securitization lender), LTL Management (company), Michigan Health Care (company), Molycorp (company), National Equipment Services (bank group), National Jockey Club (first lien secured lender), NII Holdings (parent company), NRG Energy (company), Penton Media (company), Pittsburgh Corning Corporation (DIP lender), PLVTZ (company), Rohn Industries (bank group), SAExploration (company), Snyder's Drug Stores (bank group and DIP lender), Southcross Energy (ad hoc secured noteholders), Teleglobe (company), Tribune Company (Special Committee of Board of Directors), and USG Corporation (company).

Brad has been an adjunct professor at the DePaul University College of Law where he teaches corporate reorganizations. He is featured in Illinois Super Lawyers and Chambers USA and is rated as one of the best bankruptcy lawyers in Chicago by the PLC Cross-border Restructuring and Insolvency Handbook.

Experiência

  • LTL Management, a Johnson & Johnson affiliate, files for chapter 11 to equitably and permanently resolve all current and future talc-related claims against itJones Day represents LTL Management LLC in its chapter 11 bankruptcy case filed October 14, 2021 in the Western District of North Carolina.
  • FTD sold North and Latin American florist and consumer business, including ProFlowers, to Nexus CapitalJones Day advised FTD Companies, Inc. in the $95 million sale of the North America and Latin America florist and consumer business, including ProFlowers, to an affiliate of Nexus Capital Management LP, a Los Angeles, California-based private equity firm.
  • International Automotive Components Group completes refinancing of Senior Secured NotesJones Day advised International Automotive Components Group, S.A., a leading global supplier of automotive components and systems, in connection with the issuance of $215 million of Senior Secured Notes due 2023 to Gamut Capital Management, L.P. in a private placement.
  • Molycorp emerges from bankruptcy as Neo Performance MaterialsJones Day advised Molycorp, Inc. in the bankruptcy buyout of the company by Oaktree Capital Management, L.P.
  • SAExploration completes restructuring transactionsJones Day advised SAExploration Holdings, Inc., an internationally-focused oilfield services company offering seismic data acquisition and logistical support services, in the negotiation of a restructuring support agreement with a group of holders of the company's outstanding bonds; an exchange offer and consent solicitation for these bonds based on Section 4(a)(2) and Regulation S of the Securities Act of 1933 (pursuant to which $138 million of unsecured bonds were exchanged for $76 million of new Senior Secured Notes and 6.4 million shares of Common Stock); the issuance of two series of warrants to existing common stockholders the issuance of over 90% of Common Stock to the supporting bondholders; and new governance arrangements (including amendments to the charter and bylaws of the company and board designation rights of the supporting bondholders).
  • Ad hoc committee of term lenders negotiate Southcross's prepackaged chapter 11 plan and obtain confirmation 15 days after filingJones Day represented an ad hoc committee of secured term loan lenders in connection with the chapter 11 cases of Southcross Holdings LP and its affiliated debtors.
  • ERG Intermediate Holdings confirms Chapter 11 reorganization planJones Day advised ERG Intermediate Holdings, LLC and certain of its affiliates ("ERG") in connection with the confirmation and implementation of ERG's chapter 11 plan of reorganization.
  • Molycorp files for chapter 11 bankruptcy protectionJones Day represents Molycorp, Inc. and its foreign and domestic subsidiaries in connection with their bankruptcy cases.
  • Bank of America negotiates postpetition financing for AWIJones Day advised Bank of America in connection with the chapter 11 cases of AWI Delaware, Inc. (n/k/a ADI Liquidation, Inc.).
  • City of Detroit's chapter 9 plan of adjustment confirmedJones Day served as lead restructuring counsel to the City of Detroit in connection with its chapter 9 bankruptcy case filed in July 2013 and its ongoing restructuring efforts.
  • City of Detroit obtains $120 million post-petition bond financing in chapter 9 proceedingsJones Day represented the City of Detroit in connection with a $120 million post-petition bond financing in the City's on-going chapter 9 bankruptcy proceedings.
  • Bank of America provides $119 million DIP financing for Allens, Inc.Jones Day represented Bank of America, N.A. with the negotiation and documentation of a $119 million secured debtor-in-possession term loan and revolver financing for Allens, Inc., a family-owned and operated vegetable processor, in connection with the bankruptcy filing by Allens, Inc., and its parent, All Veg, LLC.
  • HSP-EPI Acquisition acquires substantially all of Entertainment Publications' assets in 363 saleJones Day represented HSP-EPI Acquisition, LLC in the acquisition of substantially all of the assets of Entertainment Publications, LLC's assets.
  • Micron Technology purchases minority stake in OvonyxJones Day advised Micron Technology, Inc. in its purchase of a minority stake in Ovonyx, Inc. from Energy Conversion Devices, Inc., a chapter 11 debtor, pursuant to a transaction consummated under section 363 of the Bankruptcy Code.
  • Peabody Energy continues fight with Patriot CoalJones Day represented Peabody Energy Corporation ("PEC") in matters relating to the chapter 11 cases of its former subsidiary, Patriot Coal Corporation ("PCC"), including (a) discovery being conducted by PCC and their creditors' committee in those chapter 11 cases, (b) in an adversary proceeding brought against PEC by PCC in the chapter 11 case relating to certain benefit payments, and (c) litigation in West Virginia brought by the United Mine Workers of America relating to benefits owing by PCC.
  • Harry & David negotiates pre-arranged bankruptcy planJones Day represented Harry & David Holdings, Inc. and its affiliates in their chapter 11 cases filed in the District of Delaware.
  • Tribune Company appoints Special Board CommitteeJones Day is representing the Special Committee of the Board of Directors of Tribune Company appointed to oversee Tribune's chapter 11 reorganization.
  • Wells Fargo sells approximately $70 million loan secured by The Allerton hotelJones Day represented Wells Fargo Bank, National Association in connection with the sale of an approximately $70 million loan secured by The Allerton, a landmark Chicago hotel.
  • Penton Media confirms prepackaged chapter 11 plan and obtains new equity investmentJones Day advised Penton Business Media Holdings, Inc. in its pre-packaged bankruptcy.
  • Lehman Brothers Holdings seeks recovery of undisclosed asset value transferred in bankruptcy sale of broker dealerJones Day represents Lehman Brothers Holdings Inc. in an action to recover assets transferred to Barclays Capital Inc. when Barclays purchased the Lehman broker dealer business shortly after Lehman's bankruptcy filing in September 2008.
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    June 2023 Newsletters

    Business Restructuring Review | May–July 2023 | Vol. 22 No. 3

    April 2023 Commentary

    U.S. Supreme Court Rules Appellate Protection of Bankruptcy Property Sale Is Subject to Waiver and Estoppel

    January 2023 Newsletters

    Business Restructuring Review | Vol. 22 No. 1 | January-February 2023

    January 2023 Newsletters

    Default Under Assumed Lease Need Not Be Material or Ongoing to Trigger Landlord's Entitlement to Adequate Assurance of Future Performance

    September 2022 Newsletters

    Business Restructuring Review Vol. 21, No. 5 | September–October 2022

    September 2022 Newsletters

    Delaware Supreme Court: No "Common Law Insolvency Exception" Permitting Delaware Corporation to Transfer Assets to Creditors in Lieu of Foreclosure Without Shareholder Consent

    March 2022 Newsletters

    Business Restructuring Review | Vol. 21 No. 2 | March–April 2022

    March 2022

    Modification of Secured Loan under Cram-Down Chapter 11 Plan Warranted Due to Plan Feasibility Threat

    September 2021 Newsletters

    Business Restructuring Review | Vol. 20 No. 5 | September–October 2021

    September 2021 Newsletters

    Stalking Horse Bidder May Be Entitled to Administrative Priority for Expenses Despite Failure to Close Bankruptcy Sale
    Ver tudo

    • November/December 2019
      Chapter 11 Plan Distributions Are Not Collateral Covered by Intercreditor Agreement's Waterfall Provision, Business Credit Magazine

    Palestras / Aulas

    • August 25, 2015
      Testimony on Chapter 9 Before the Personnel and Pensions Committee of the Illinois House of Representatives
    • October 2012
      Testimony Before the ABI Commission to Study the Reform of Chapter 11
    • May 19, 2011
      Jones Day MCLE University - Chicago
    • November 30, 2009
      Update on Commercial Real Estate Restructrurings, Sixteenth Annual Distressed Investing Conference
    • June 19 - 20, 2008
      Eleventh Annual Conference on Corporate Reorganizations
    • November 26, 2007
      Recent Cross-Border and Chapter 15 Scenarios, Fourteenth Annual Distressed Investing Conference
    • June 2007
      Dividend Recapitalizations, Renaissance Management Restructuring Symposium
    • June 23, 2005
      Parent Issues in Subsidiary Chapter 11 Cases
    • February 2004
      Foreclosing on Equity Pledges, New York Institution Investor Conference
    • June 2003
      Fiduciary Duties in the Zone of Insolvency: Emerging Issues, American Bankruptcy Institute's 3rd Annual Investment Banking Program
    • July 2002
      Fraudulent Conveyance Issues in Mass Tort Bankruptcies, Mealey's Asbestos Conference

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