Rebecca J. Marston

Bed Bath & Beyond Inc. — Representation of Bed Bath & Beyond Inc. on a series of complex financing transactions, including an underwritten public offering of equity derivatives securities providing initial gross proceeds of approximately $225 million and an additional $800 million of gross proceeds in future installments (subject to certain conditions) and a concurrent significant amendment of Bed Bath & Beyond’s credit agreement to provide for a rescission of an existing acceleration and waiver of certain defaults thereunder and the upsize of a FILO facility by $100 million.

Celsius Network LLC — Representation of Celsius Network LLC and its affiliates in their Chapter 11 cases filed in the U.S. Bankruptcy Court for the Southern District of New York. Celsius is one of the largest and most sophisticated cryptocurrency-based finance platforms in the world and provides financial services to institutional, corporate, and retail clients across more than 100 countries.

HONX, Inc. — Representation of HONX, Inc., a wholly owned subsidiary of Hess Corporation, in its successful Chapter 11 case filed in the United States Bankruptcy Court for the Southern District of Texas. HONX and its corporate predecessors had for decades been subject to thousands of asbestos-related personal injury claims in connection with HONX’s former ownership and operation of an oil refinery on St. Croix, in the U.S. Virgin Islands. HONX filed its Chapter 11 bankruptcy case in April 2022 with the goal of fully and finally resolving all asbestos-related personal injury claims that were or could be asserted against HONX and Hess in one forum, using section 524(g) of the Bankruptcy Code. HONX confirmed its plan utilizing a section 524(g) channeling injunction in less than two years at a confirmation hearing jointly presided over by Judge Alfred H. Bennett of the U.S. District Court for the Southern District of Texas and Judge Marvin P. Isgur of the U.S. Bankruptcy Court for the Southern District of Texas. Pursuant to the plan, HONX established a settlement trust, funded with up to $190 million from Hess, to satisfy all valid current and future asbestos claims, which resulted in prompt and fair compensation for claimants and finality from current and potential future asbestos tort litigation for HONX and Hess.

Katerra Inc. — Representation of Katerra Inc. and its subsidiaries in their Chapter 11 cases in the United States Bankruptcy Court for the Southern District of Texas. Katerra is an innovative and eco-conscious construction company with facilities across the globe that develops, manufactures, and markets products and services in the commercial and residential construction spaces. Katerra commenced its chapter 11 cases with the goal of facilitating a marketing and sale process for its assets to maximize value and creditor recoveries. 

Europcar Mobility Group S.A. — Representation of Europcar Mobility Group S.A. (“Europcar”), a Paris based global leader in the mobility services industry in its Chapter 15 case before the United States Bankruptcy Court for the Southern District of New York. The Chapter 15 case was part of a comprehensive restructuring strategy to raise €480 million in new financing, equitize €1,100 million in corporate indebtedness, and refinance Europcar’s €670 revolving credit facility through an accelerated financial safeguard proceeding under French law. Europcar and its subsidiaries together operate through four major brands — Europcar, Goldcar, InterRent, and Ubeeqo — to provide mobility service solutions to over 9.5 million customers in over 140 nations, including France, the United Kingdom, Ireland, Australia, and the United States.

China Fishery — Representation of an ad hoc committee of holders of the $300 million notes due 2019 issued by CFG Investment S.A.C. in connection with the resolution of their claims against the China Fishery group of companies. 

Extraction Oil & Gas, Inc. — Representation of Extraction Oil & Gas, Inc. and its affiliates in their prearranged Chapter 11 restructuring in the United States Bankruptcy Court for the District of Delaware. Extraction is one of the largest oil producers in Colorado, focusing on the acquisition, development, and production of oil, natural gas, and natural gas liquids reserves in the Rocky Mountain region, and listed approximately $1.7 billion of funded debt obligations at the time of filing. Extraction’s prearranged plan of reorganization carries broad stakeholder support and contemplates the equitization of approximately $1.1 billion in unsecured notes and a $125 million debtor-in-possession financing facility, which includes $50 million in new money.

Oasis Petroleum Inc. — Representation of Oasis Petroleum Inc. and its affiliates in prepackaged Chapter 11 cases filed in the Bankruptcy Court for the Southern District of Texas to restructure approximately $2.3 billion in debt obligations. Oasis is a Houston, Texas based company that operates in the upstream and midstream oil and gas sectors. Oasis also operates a midstream business segment and holds a majority interest non-debtor subsidiary Oasis Midstream Partners LP, which is a publicly traded master limited partnership. The Chapter 11 plan equitizes more than $1.8 billion of unsecured debt and provides for committed DIP to exit financing.

Bankruptcy Research Assistant, Prof. John A. E. Pottow

Summer Associate, Kirkland & Ellis LLP

Legal Intern, MacArthur Justice Center