Jose Elaine Lugo

SmileDirectClub, Inc. — Representing SmileDirectClub, Inc. and eight of its affiliates in their Chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of Texas. SmileDirect is an industry leader in telehealth-driven clear aligner therapy with approximately $900 million in funded debt. Through its Chapter 11 cases, the Company obtained access to up to $80 million of debtor-in-possession financing and will seek to implement a going concern transaction following a comprehensive marketing process.

Wheels Up Experience Inc. — Represented Wheels Up Experience Inc., a provider of on-demand private aviation services, in its strategic partnership with a consortium of investors led by Delta Air Lines, Certares Management LLC, Knighthead Capital Management LLC, and Cox Enterprises. The transaction provided Wheels Up with a new $500 million credit facility through a debt and equity capital raise, and allowed customers to keep all outstanding flight credits. With a greatly enhanced liquidity position, Wheels Up is poised to execute on its business plan.

Avaya Holdings Corp. — Represented Avaya Holdings Corp. and its affiliates in their prepackaged Chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of Texas. Avaya Holdings Corp., (“Avaya”) is a global leader in solutions to enhance and simplify communications and collaboration. With overwhelming consensus from Avaya’s secured lenders and the support of its other key stakeholders, Avaya confirmed its prepackaged plan of reorganization just over a month after it commenced its Chapter 11 cases. The confirmed prepackaged plan reduced Avaya’s total debt by more than 75%, from approximately $3.4 billion to approximately $810 million, substantially increased Avaya’s liquidity position to approximately $650 million, decreased its net leverage to less than 1x, and provided substantial financial flexibility to accelerate Avaya’s investment in its innovative cloud-based communications portfolio. Avaya emerged from Chapter 11 protection as a privately held company approximately five weeks after the bankruptcy court confirmed Avaya’s prepackaged plan.

Invacare Corporation — Represented of Invacare Corporation and its subsidiaries in their prearranged Chapter 11 cases filed in the U.S. Bankruptcy Court for the Southern District of Texas. Invacare, a manufacturer and distributor of innovative medical equipment for use in home healthcare, retail and extended care markets worldwide, emerged from bankruptcy on May 5, 2023, just over three months after filing for Chapter 11. Through the Chapter 11 cases, Invacare was able to discharge approximately $300 million in funded-debt obligations and unsecured liabilities, raise $75 million of new equity capital, secure $40 million of exit financing, and position its business for long-term success.

Service King Paint & Body LLC — Represented Service King Paint & Body LLC, the third largest operator of auto body collision repair facilities in the U.S. (operating over 300 facilities across 24 states and Washington D.C.), and certain of its affiliates in an out-of-court restructuring transaction involving the raise of $200 million in new capital, reduction of $500 million in net indebtedness, and extension of remaining existing funded debt maturities. The transaction was supported by substantially all of Service King’s funded debtholders in addition to the company’s equity sponsors.

Aearo Technologies LLC — Representing Aearo Technologies LLC and its debtor affiliates in their Chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of Indiana. Aearo Technologies is a market leader in the energy control space, providing custom noise, vibration, thermal, and shock protection solutions to the aerospace, commercial vehicle, heavy equipment, and electronics industries. Aearo Technologies and its non-Debtor parent 3M are defendants in the largest multi-district litigation in history, with over 230,000 personal injury claims filed related to certain historical Aearo products.

Carestream Health, Inc. — Representing Carestream Health, Inc. and its debtor affiliates in their prepackaged Chapter 11 cases filed in the United States Bankruptcy Court for the District of Delaware. Carestream, a Rochester, New York based global provider of medical imaging systems and non-destructive testing products had more than $1.3 billion of prepetition funded debt obligations. Prior to commencing the Chapter 11 cases, Carestream entered into a restructuring support agreement with a majority of its secured creditors to implement the comprehensive restructuring, eliminate approximately $470 million of funded debt obligations, and provide the Company with new liquidity through an $85 million exit facility and $75 million equity rights offering.

HONX, Inc. — Representing HONX, Inc., in its Chapter 11 case filed in the United States Bankruptcy Court for the Southern District of Texas. HONX is a wholly-owned subsidiary of Hess Corporation, the global energy company. HONX and its corporate predecessors have for decades been subject to ongoing asbestos-related litigation in connection with HONX’s former ownership and operation of an oil refinery on St. Croix, U.S. Virgin Islands. HONX filed its Chapter 11 case with the goal of establishing and funding a trust under section 524(g) of the Bankruptcy Code to resolve and pay all valid current and future asbestos-related claims asserted against HONX.