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Representative Cases

SELECTED CLIENTS WHICH THE FIRM HAS REPRESENTED IN SIGNIFICANT BANKRUPTCY CASES

Attorneys for Chapter 11 Debtors-in-Possession:

Associated Distributors, Inc. — Manufacture, retail sales, and distribution of building materials and home decor products.

Beau Rivage, Ltd. — Apartment complex owner.

Chipman Union, Inc. — Textile manufacturer.

Hartwell Industries, Inc. — Importer, manufacturer and distributor of casual and sports apparel.

Augusta Tissue Mill, LLC — Recycled paper products manufacturer.

Colorocs Corporation — Color Office Products.

Corporate Jet Aviation — Aviation fixed base operator.

Crescent Airways Corp. (and related companies) — Helicopter flight contractor.

Fleetway Rubber, Inc. — Retread rubber processor.

First American Health Care of Georgia, Inc. — Home healthcare provider.

Future Energy Resources, Inc. – developer of alternative energy source.

Galleria Investments, LLC – Retail Shopping Mall.

General Time Corporation, Inc.– Clock manufacturer.

Georgia Girl Fashions, Inc. — Women’s apparel retail chain.

Gilbert & Bennett Manufacturing, Inc. — Wire and fencing manufacturer.

Gulf Properties Financial Services, Inc. — Real estate financing company.

Hayes Microcomputer Products, Inc. — Computer modem manufacturer.

Hooters of Augusta, Inc. — Neighborhood restaurant and bar.

iPCS, Inc. — A Sprint PCS telecommunications affiliate.

Jocks & Jills Restaurants, LLC (and related entities) — Restaurant chain.

Johnston Industries, Inc. — Textile manufacturer.

Le Petit Bistro, Inc. — Fast food restaurant chain.

Metrotrans Corporation – publicly traded bus manufacturer.

Micro Mart, Inc. — Computer retailer.

Pac One, Inc. — Packaging manufacturer.

Pony Express Delivery Services, Inc.– Courier and time-sensitive delivery services.

Pro-Formance Shocks, Inc. — Auto racing shock manufacturer.

Q ‘n E, Inc. — Convenience store chain.

Roberson Produce Co., Inc. — Produce wholesaler.

Sidewater Recycling, Inc. — Plastics reprocessor.

Smith Garden Products, Inc. – producer of mulch and garden materials.

Southwest Hospital and Medical Center — Acute care hospital.

Taber Pontiac, Inc. — Automobile dealer.

Tennessee Chemical Company — Chemical manufacturer.

The Sport Shoe, Inc. — Athletic shoe retailer.

Titan Energy, Inc. — Suppliers of natural gas for both consumers and commercial enterprises.

TransMeridian Airlines, Inc. — Commercial airline.

Vintage Enterprises, Inc. — Mobile home manufacturer.

World Access, Inc. — Telecommunications provider.

Attorneys for Trustee, Liquidating Agent, Representative or Examiner:

1-800-Database, Inc. — Internet advertising database.

(Ira D. Gingold, Trustee)

Aero Housewares, LLC –Manufacturer of plastic houseware products

(Janet Watts, Trustee)

All American of Ashburn, Inc., and All American Housing of Alabama, Inc. —

Mobile home manufacturers.

(Paul W. Bonapfel, Trustee)

Alliance Resource Management, LLC –Real estate investment.

(Harry Pettigrew, Trustee)

Atlas Mortgage Corp. and Anthony G. Christou — Mortgage broker.

(Jeffrey K. Kerr, Trustee)

BCP Liquidating LLC — Successor to plastics manufacturer and distributor.

(GlassRatner Advisory and Capital Group, LLC, as Agent for the BCP Liquidating, LLC)

Brown Transport Truckload, Inc., and Affiliates — Trucking company.

(Robert E. Brizendine, Trustee)

Burger Hotels, Inc. — Hotel.

(Paul W. Bonapfel, Trustee)

Galey & Lord, LLC — Textile manufacturer.

(S. Gregory Hays, Trustee)

General Resources Corporation — Holding company for subsidiaries engaged in real estate, real estate finance and insurance.

(Paul W. Bonapfel, Trustee)

Major Tire Company — Tire retailer.

(Thomas P. Stamps, Trustee)

National Steel Service Center, Inc.

(Charles Crumley, Creditor Representative)

Preferred Alliance, Inc.– Telemarketing company.

(James C. Cifelli, Trustee)

QOS Networks, Inc.– Telecommunications provider.

(S. Gregory Hays, Trustee)

RDM Sports Group, Inc. — Sporting goods retailer.

(William G. Hays, Trustee)

Real Estate Exchange Services, Inc.– IRC section 1030 qualified intermediary.

(Jeffrey K. Kerr, Trustee)

South Star Funding, LLC– Subprime lender.

(Harry Pettigrew, Trustee)

Stewart Finance Company and related Debtors –Consumer loans.

(S. Gregory Hays, Trustee)

Teaford Co., Inc. – Designer, fabricator, and installer of biomass boiler combustion systems.

(Cathy L. Scarver, Trustee)

Trusted Net Media Holdings, LLC – Provider of high speed dedicated SDSL internet

access to businesses.

(Robert Trauner, Trustee)

Winder Rug Mills, Inc. — Rug manufacturer.

(William H. Willson, Jr., Trustee)

World Bazaar Franchise Corporation — Retail chain store operator and franchisor.

(William G. Hays, Jr., Examiner)


Attorneys for Creditors Committee:

Amarlite Architectural Products, Inc. — Aluminum building products manufacturer.

Electronic Medical Devices, Inc. d/b/a EMD.com — Medical website.

Film Fabricators, Inc. — Manufacturer of film packaging.

Flooring America, Inc. — Flooring products retailer and franchisor.

G & W Asset Management, Inc. — Investment manager.

Hi-Fi Buys, Inc. — Consumer electronics retailer.

Kaleidoscope, Inc. — Mail order consumer retailer.

Lewis Carpet Mills, Inc. — Carpet manufacturer.

Media Group, Inc. — Color printing house.

National Steel Service Centers, Inc. — Steel and building products.

NationsAir Express, Inc.– Charter air service.

Papillon, Inc. — Mail order consumer retailer.

Southeast Toys, Inc. — Toy distributor.

Southmark Corporation — Real estate syndication and financial services.

(Equity Securities Holders Committee)

T I Acquisition, LLC – manufacturer of materials for the carpet industry.

Attorneys for Receiver:

Atlanta Wholesale Produce Co., Inc. — Wholesale produce.

(Paul W. Bonapfel, Receiver)

Blue Sky Petroleum, LLC — Convenience store operator.

(William G. Hays & Associates, Inc., Receiver)

Cobb Centre — Shopping center.

(Paul W. Bonapfel, Receiver)

E. G. Frances & Co. — Stockbroker.

(J. Michael Lamberth, Receiver)

Equitec, Inc. — Office building.

(Charles C. Crumley, Receiver)

The Robert S. Medow Corporation — Residential siding manufacturer.

(Paul W. Bonapfel, Receiver)

Attorneys for Creditors or Other Parties in Interest:

Case: Client:
Chemtura Corporation (U.S. Bankr. Ct. S.D. N.Y.) Supplier of plastic containers
IMS Group, Inc. (U.S. Bankr. Ct., N.D. Ga.) Junior secured creditor.
Delta Airlines, Inc. (U.S. Bankr. Ct., S.D. N.Y.) Construction contractor.
Eagle Acquisition Group, LLC d/b/a Burch-Lowe (U.S. Bankr. Ct., N.D. Ga.) Three secured equipment vendors.
EarthCare, Inc. (U.S. Bankr. Ct., N.D. Ga.) Major bondholder and guarantor of senior debt.
Netrail, Inc. (U.S. Bankr. Ct., N.D. Ga.) Landlord.
Globix Corporation (U.S. Bankr. Ct., D. Del.) Landlord.
Lason, Inc. (U.S. Bankr. Ct., D. Del.) Landlord.
Heilig-Meyers Furniture Company, Inc. (U.S. Bankr. Ct., E.D. Va.) Credit card processor.
Mariner Post-Acute Network, Inc. (U.S. Bankr. Ct., D. Del.) Landlord.
Mid-American Waste Systems, Inc. (U.S. Bankr. Ct., D. Del.) Municipality.
Paragon Trade Brands (U.S. Bankr. Ct., N.D. Ga.) Unsecured creditors.
Rhodes, Inc., et al. (U.S. Bankr. Ct., N.D., Ga.) Preference defendants
Trinsic, Inc. (U.S. Bankr. Ct., S.D. Ala.) Secured creditor
Wolf Camera, Inc. (U.S. Bankr. Ct., N.D. Ga.) Purchaser of Assets

Representation of Assignees in Assignments for Benefit of Creditors:

The firm has represented the assignee in the following proceedings:

Progress Growers Supply, Inc. – Distributor of horticultural and nursery supplies.

Walton/Stout, Inc. – Designer, manufacturer, and installer of equipment.

Henson and Bui Enterprises, Inc. – Contract manufacturer.

Packaging Resources, Inc. – Manufacturer and distributor of packaging materials.

Organic Milling of Georgia, LLC – Manufacturer of cookies, crackers, and snack food.

Boykin Tool & Supply Company, Inc. – Supplier of industrial products.

The In-Store Media Corporation, Inc. – Sale management and print solutions.

Non-Bankruptcy Work-Outs and Liquidations:

Due to confidentiality obligations and commitments, the names of clients represented in non-bankruptcy work-outs cannot be disclosed. The general nature of clients which the Firm has represented in non-bankruptcy work-outs and liquidation includes the following:

Real Estate Investors, Developers and Builders.

Manufacturer of materials handling equipment.

Fast food franchisee operation with multiple stores.

Asphalt manufacturing facility and paving business.

Printing company.

Environmental engineering company.

Apparel retail chain.

Office products distributor.

Commercial roofing contractor.

Eleemosynary institutions.

Sawmill and lumber treatment plant.

Cites for Representative Litigation

Pickett v. Atlantic Southeast Airlines, Inc., 2009 WL 255827 (11th Circuit, February 4, 2009). The firm obtained summary judgment for beneficiaries under a Supplemental Executive Retirement Plan. The Court of Appeals affirmed the grant of summary judgment for the firm’s clients.

In re Augusta Tissue Mill, LLC, 2007 WL 2572451 (Bankr. N.D. N.C., September 5, 2007). The firm was successful in defeating a stay relief motion in a Chapter 11 case.

In re Film Fabricators, Inc., 216 Fed. Appx. 850 (11th Circuit 2007). The District Court upheld subordination provisions in a Chapter 11 plan jointly proposed by the firm’s client, the committee of unsecured creditors. The Court of Appeals affirmed.

In re Hamblen, 354 BR 322 (Bankr. N.D. Ga. 2006). The firm successfully represented Chapter 7 Trustee in his objection to state law exemptions claimed by Debtors.

Insight Technology, Inc. v. FreightCheck, LLC, et al., 280 Ga. App. 19, 633 S.E.2d 373 (2006). The firm was successful in obtaining a ruling from the Georgia Court of Appeals holding that “aiding and abetting a breach of fiduciary duty” is a cognizable claim in Georgia, reversing the trial court’s earlier decision that no such claims existed under Georgia law.

In re Zimmerman, 341 BR 77 (Bankr. N.D. Ga. 2006). The firm obtained stay relief to permit client to prosecute arbitration proceeding.

In re Trusted Net Media Holdings, LLC, 334 BR 470 (Bankr. N.D. Ga. 2005). The firm was successful in representing Chapter 7 Trustee regarding standing issues and objections to claims.

In the Matter of World Access, Inc., 324 BR 662 (Bankr. N.D. Ill. 2005). The firm represented Trustee of liquidation trust in obtaining judgment for more than $1,000,000 on the basis that certain tax payments belong to the estate and could be recovered for the benefit of the estate.

Johnston Industries, Inc. v. National Contract Associates, Inc., 300 BR 821 (Bankr. M.D. Ga. 2003). Debtor in possession represented by firm held to have standing to sue distributor under Uniform Deceptive Trade Practices Act.

Lusk v. Williams, 282 BR 267 (Bankr. N.D. Ga. 2002). The firm obtained ruling that debt owed by debtor to client was not discharged.

Colonial Pacific Leasing Corp. v. McNatt, et al., 268 Ga. 265, 486 S.E.2d 804 (1997). The firm represented an equipment lessor in successfully enforcing its claims under a finance lease finding that the standard “hell or high water clause” contained in lease insulated lessor from the defense of failure of consideration.

In re Whitacre Sunbelt, Inc., 206 BR 1010 (Bankr. N.D. Ga. 1997). The firm was successful in defending its client against a preference claims by Chapter 7 Trustees.

City Food Mart, Inc. v. Bell Atlantic Tricon Leasing Corporation, 218 Ga.App. 57, 460 S.E.2d 525 (1995). The Georgia Court of Appeals affirmed summary judgment obtained by the firm for its equipment lessor client concluding, among other things, that the contract at issue was a true lease and not a security agreement.

Medlock v. Pleatman, 212 Ga. App. 98 (1994). The firm defended its client in a suit on a note. The court held that under a proper construction of the document that the maker was not personally liable.

Brizendine, as Trustee v. Humboldt Express, Inc., 118 BR 889 (Bankr. N.D. Ga. 1990). The firm represented Trustee in obtaining injunction against former competitor of Debtor that was seeking to revoke certificate of convenience and necessity that Trustee was selling for the benefit of the estate.

Office Location:

Lamberth, Cifelli, Ellis & Nason, P.A.
1117 Perimeter Center West
Suite W212
Atlanta, GA 30338
Phone: 404-262-7373
Fax: 404-262-9911