Kevin P. Garland's practice focuses on representation of debtors in possession in chapter 11 bankruptcy cases as well as general representation of secured and unsecured creditors in all aspects of bankruptcy and out of court restructurings.
Significant Representations
In re Krystal Koach, Inc. Represented the Official Committee of Unsecured Creditors working from the outset of the Debtors case to first facilitate the sale of substantially all of the Debtor's assets consisting of a one of the largest independent manufacturers of stretch limousines and shuttle buses in the United States to Krystal Infinity, LLC. Following approval of the sale by the Bankruptcy Court for the Central District of California, Santa Ana Division, worked to facilitate the proposal, solicitation and confirmation of a Chapter 11 plan of liquidation. The liquidating plan was confirmed by the Court on December 22, 2011. Mr. Garland continues to represent the Krystal Koach Liquidating Trust.
In re Fili Enterprises, Inc. (d/b/a Daphne's Greek Café) Represented the purchaser, a joint venture of Garrison Investment Group and Trefethen Capital Advisors, LLC, in a the purchase of substantially all of the assets of Fili Enterprises, Inc. (d/b/a Daphne's Greek Café). The purchased assets included the leases, intellectual property, liquor license, fixtures, furniture and equipment at approximately 59 fast casual Greek restaurant locations in California, Colorado and Arizona including all associated trademarks and trade secrets. GT's involvement included the drafting and negotiation of an Asset Purchase Agreement and various related transfer documents, and the attendant due diligence and the negotiation of lease modification agreements with the lessors for approximately 37 of the Daphne's locations. The sale was approved by the Bankruptcy Court for the Southern District of California on August 4, 2010.
In re Basin Water, Inc.* Worked to facilitate the "363 sale" of substantially all of the assets of Basin Water, Inc., a provider of industrial water and environmental treatment technology to The Amplio Group, a London-based investment firm, to form what is now Envirogen Technologies Inc. The sale was approved by the Bankruptcy Court for the District of Delaware in August 2009.
In re DBSI, Inc.* Represented DBSI, Inc. and approximately 180 of its affiliates which owned and/or managed over $2.6 billion in real estate assets at the time of their bankruptcy filing in November 2008. Assisted in the divestment of many of DBSI's assets including a transfer of a substantial number of master lease agreements to TIC Properties Management, LLC.
In re Lang Holdings, Inc.* Worked to facilitate the "363 sale" of The Lang Companies, a leading supplier of art, design and sports driven calendars, back-to-school products, greeting cards and stationary, to an alliance of Sun Capital Partners and Catterton Partners. The sale was approved by the Bankruptcy Court for the District of Delaware in October 2009.
*These matters were handled by Mr. Garland prior to joining GT.
Professional & Community Involvement
ˇ Member, American Bar Association
ˇ Member, American Bankruptcy Institute
ˇ Member, Financial Lawyers Conference
ˇ Member, Turnaround Management Association
Internship
ˇ Office of U.S. Congressman David E. Price of the 4th District of North Carolina, Washington, D.C.
ˇ Federal Communications Commission, Enforcement Bureau, Investigations and Hearings Division, Washington, D.C.
Articles, Publications, & Lectures
Articles
ˇ Co-Author, "The Absolute Priority Rule and Gifting Plans in the Second Circuit: The Gift that Stopped Giving," GT Alert, February 2011