Sean C. Kulka

Represented the Official Committee of Unsecured Creditors as co-counsel in the bankruptcy cases of three affiliated entities, which own a chain restaurant with locations throughout the Southeast. The bankruptcies resulted in a successful going concern sale of the Debtors’ assets. In re The Krystal Company et al., Case No. 20-61065 (Bankr. N.D. Ga).

• Represented the Official Committee of Unsecured Creditors and the Liquidating Trustee in the bankruptcy cases of nine jointly administered Debtors, which owned or operated hospitals in Georgia, Mississippi, North Carolina, Tennessee, and Virginia. Obtained standing on behalf of the Committee to assert D&O claims on behalf of the bankruptcy estates, which resulted in a significant settlement in favor of the bankruptcy estates. The Committee co-sponsored a liquidating Chapter 11 plan that included a carve-out from the secured creditor’s collateral, which enabled non-priority unsecured creditors to receive a significant distribution. In re Pioneer Health Services, Inc., et al., Ch. 11 Case No. 16-01119-NPO (Bankr. S.D. Miss).

• Represented eight affiliated entities, which operated restaurants in Alabama, Georgia, Mississippi, and Tennessee, in their jointly administered Chapter 11 bankruptcy proceedings. The bankruptcies resulted in a successful going concern sale of the Debtors’ assets and a structured dismissal of the cases. In re Eat Here Brands, LLC, et al., Ch. 11 Case No. 19-61688 (Bankr. N.D. Ga.).

• Represented eight affiliated entities, which owned a destination youth sports complex in Bartow County, Georgia, in their jointly administered Chapter 11 bankruptcy proceedings. The bankruptcies resulted in the confirmation of a pre-arranged Chapter 11 plan, which kept the Debtors’ existing equity in place. In re LakePoint Land, LLC, et al., Ch. 11 Case No. 18-41337 (Bankr. N.D. Ga.).

Represented four affiliated entities, in their jointly administered Chapter 11 bankruptcy proceedings in the Middle District of Georgia Bankruptcy Court. The companies each owned retail shopping centers located in Georgia and South Carolina. The debtors subsequently entered into a global settlement agreement with their secured creditor, which lead to a court approved structured dismissal of the debtors’ bankruptcy cases. As a result of their successful bankruptcy cases, the debtors were able to refinance their properties on extremely favorable terms. In re Stafford Rhodes, LLC, et al., Ch. 11 Case No. 12-70859 (Bankr. M.D. Ga.).

Represented five highly distressed affiliated Debtors comprising the largest dairy farm in the Southeastern United States with operations in Georgia, Florida, Mississippi, and Texas. The bankruptcies resulted in the confirmation of a Chapter 11 plan and a meaningful distribution to unsecured creditors. In re Dairy Production Systems, LLC, et al., Ch. 11 Case No. 10-11752 (Bankr. M.D. Ga.).

Represented secured creditor in connection with the bankruptcy case of a hotel owner and operator. Successfully negotiated adequate protection payments for the lender, negotiated a settlement of the Debtor’s claim objection against the lender under very favorable terms, and negotiated an agreement that provided the lender with relief from the automatic stay.

Represented the owner of a multi-family, low-income housing project located in Fulton County, Georgia as Debtor’s counsel. The Debtor entered into a settlement agreement with its senior secured creditor, which enabled the Debtor to confirm a liquidating plan in March 2012. The plan provided for a material distribution to all non-insider unsecured creditors.

Represented four affiliated entities, in their jointly administered Chapter 11 bankruptcy proceedings in the Middle District of Georgia Bankruptcy Court. The companies each owned retail shopping centers with a collective value of approximately $30 million.  The debtors’ cash collateral motion was successfully prosecuted, and successfully defeated a motion to dismiss and multiple stay relief motions filed by the debtors’ secured creditor. After extensive briefing, the bankruptcy court conducted an exhaustive three-day evidentiary hearing on the various motions before the court. The bankruptcy court held another hearing on the multiple motions before the court, and pursuant to Rule 7052 of the Bankruptcy Rules, made detailed findings of facts and conclusions of law that resulted in the bankruptcy court granting the debtors’ cash collateral motion and denying all of the secured creditor’s motions. The result of this hearing was a huge win for the clients as the denial of the cash collateral motion or the approval of any of the secured creditor’s motions would have eliminated any prospect of reorganization of the debtors’ income generating properties. The debtors subsequently filed a Chapter 11 plan of reorganization, which provided for the modification of the secured creditor’s loan and the substantive consolidation of the debtor’s assets and liabilities. The debtors subsequently entered into a global settlement agreement with their secured creditor, which lead to a court approved structured dismissal of the debtors’ bankruptcy cases in May 2013. As a result of their successful bankruptcy cases the debtors were able to refinance their properties on extremely favorable terms.

Represented franchisor of restaurant trademark and concepts in connection with an individual Chapter 11 case. Assisted the client in reaching a global settlement with the Debtor and obtaining Court approval of the rejection and termination of the debtor’s development agreement, exercise of setoff rights, assumption of the Debtor’s obligation under various guaranty agreements, and approval of the assignment of one of the Debtor’s individually held franchises to an affiliated corporate entity.

Represented secured creditor in connection with a single asset real estate case. Successfully negotiated adequate protection payments for the lender and obtained relief from the automatic stay to allow the lender to foreclose on its mortgage and security interest in the Debtor’s property. In November 2011.

Represented a Fortune 100 telecommunications company in negotiating cable television franchise agreements throughout New York. Involved in all aspects of the franchising process including negotiating and lobbying franchise agreements with municipalities and appearances at contested public hearings.

Successfully represented Chapter 11 Trustee in multiple avoidance actions resulting in meaningful recoveries to the debtors’ bankruptcy estates.

Represented indenture trustee in Tom’s Foods, Inc. bankruptcy case.

Represented the owner of a performance sports flooring manufacturing company as Debtor’s counsel. The Debtor conducted a successful Section 363 sale.

Represented the client in connection with Bradlees Stores, Inc. bankruptcy case. Successfully resolved a complicated claim objection under very favorable terms to the client.

Represented Mr. Neal Batson, the Court appointed Examiner in the Enron Corp. bankruptcy cases. Assisted Mr. Batson in examining all aspects of Enron Corp. and its affiliates, including the investigation of various off balance sheet transactions and assisting Mr. Batson in drafting reports to the court.

Represented a large cable company in the Adelphia Communications Corp. bankruptcy cases. Successfully assisted the client in excising setoff rights and in procuring adequate assurance of payment as a utility provider.

Represented a large cable company in the WorldCom, Inc. bankruptcy cases. Successfully assisted the client in excising setoff rights and in procuring adequate assurance of payment as a utility provider.

Represented a large cable company in the Aladdin Gaming LLC bankruptcy case. Successfully assisted the client in excising setoff rights and in procuring adequate assurance of payment as a utility provider.

Represented the owner of a hardwood flooring manufacturing facility as Debtor’s counsel. The Debtor entered into a Court approved settlement agreement with the Debtor’s former owner, which enabled the Debtor to confirm a liquidating plan that provided a significant distribution to unsecured creditors. In connection with the settlement, successfully briefed and argued an appeal to the District Court, the Eleventh Circuit Court of Appeals, and the Georgia Supreme Court related to whether under Georgia law an insolvent limited liability company has exclusive standing to assert an alter ego claim against its parent or owner. The Eleventh Circuit certified the question to the Georgia Supreme Court, which answered the issue in the affirmative.

Represented the franchisor of hotel trademark and concepts client in connection with In re The Finova Group, Inc. bankruptcy case.

Represented client in connection with the bankruptcy cases of Mariner Post-Acute Network, Inc. Successfully enabled the client to recover several million dollars in accounts receivables in the possession of the Debtors that the client had purchased from the Debtors prior to their bankruptcy filings under a constructive trust theory.

Represented a large poultry company in connection with the Ameriserve Food Distribution, Inc. bankruptcy cases. Successfully defended the client against a preference claim with a demand well in excess of $10 million. The adversary proceeding was settled under very favorable terms after the client presented the plaintiff with a motion to dismiss the complaint on the basis that the Debtors had failed to preserve the right to assert the preference claim against the client in their plan of reorganization on the basis of res judicata, collateral estoppel, and judicial estoppel.

Successfully defended large insurance company in avoidance action in connection with the RDM Sports Group, Inc. bankruptcy case. The adversary proceeding was settled under very favorable terms after the client presented the plaintiff with a motion for summary judgment under recoupment and setoff theories.

Successfully defended large insurance broker in connection with the RDM Sports Group, Inc. bankruptcy case. The adversary proceeding was settled under very favorable terms after the client presented the plaintiff with a motion for summary judgment under a mere conduit theory.

Represented Fulton County, Georgia in connection with the County’s franchise agreement negotiations with a large cable company.

Represented eight affiliated Debtors in their jointly administered Chapter 11 bankruptcy proceedings in the Northern District of Georgia Bankruptcy Court. The Debtors’ owned an amateur/youth sporting tournament vacation facility. The Debtors were able to confirm a prearranged Chapter 11 Plan in 2018, which kept current equity holders in place.

Represented secured creditor in connection with two bankruptcy cases of affiliates involving hotels.  Successfully negotiated adequate protection payments for the lender and a structured dismissal of both cases, which resulted in payment in full, including payment of make whole provision.