Overview
Brad Weiland is a restructuring partner in the Chicago office.
Brad has represented debtors, lenders, and investors in restructuring matters involving financially troubled companies. Brad's practice includes advising clients with respect to operations in Chapter 11, advising senior management of distressed companies with respect to in- and out-of-court restructurings and contingency planning, and negotiating and structuring financings and other commercial transactions. Brad was recognized in the 2019–2021 editions of IFLR1000.
Experience
Representative Matters
Agrokor d.d. — Representation of the extraordinary administrator and foreign representative of Agrokor d.d. and its subsidiaries in its Croatian restructuring proceedings and certain recognition proceedings around the world, including Chapter 15 cases in the U.S. Bankruptcy Court for the Southern District of New York. Accounting for approximately 15 percent of the entire gross domestic product of Croatia, Agrokor d.d. and its subsidiaries employ over 53,000 people and have operations in 20 countries. Agrokor’s ground-breaking restructuring was the largest in Europe in 2017 and 2018 and was the first ever restructuring under the 2017 Law on Extraordinary Administration Proceedings for Companies of Systemic Importance for the Republic of Croatia. In the U.S., Kirkland obtained full recognition and enforcement of Agrokor’s Croatian proceedings and restructuring agreement under a 55-page opinion issued by the bankruptcy court.
Angelo Gordon & Co. — Representation of Angelo Gordon in connection with the out-of-court restructuring of global industrial manufacturing company Jason, Inc.
Charter Communications, Inc. — Representation of Charter Communications, one of the largest cable operators in the United States, and its subsidiaries in their prearranged bankruptcy that reduced over $21 billion of debt by approximately $8 billion.
Cobalt International Energy, Inc. — Representation of Cobalt International Energy, Inc., and its subsidiaries in their Chapter 11 cases in the United States Bankruptcy Court for the Southern District of Texas. Cobalt was an independent offshore exploration and production company with assets in the deepwater U.S. Gulf of Mexico and offshore West Africa with approximately $2.8 billion of funded indebtedness. Cobalt entered Chapter 11 to complete a sale of all or substantially all of its oil and gas assets and, after an auction, received winning bids for an aggregate purchase price of approximately $580 million. Cobalt also successfully settled arbitration regarding a failed sale of its Angola assets for approximately $500 million. After a hotly contested plan process, the bankruptcy court confirmed Cobalt’s Chapter 11 plan in April 2018.
Constar International Inc. — Representation of a committee of senior secured noteholders that led the restructuring of Constar International Inc. and its affiliates, a leading global producer of plastic food and soft drink containers for conventional and custom applications. The committee received a controlling interest in Constar through the company's prearranged Chapter 11 plan.
Dex One Corporation — Representation of Dex One Corporation, a leading provider of yellow-page and digital directories and marketing services, in its prepackaged Chapter 11 merger of equals with SuperMedia Inc. Dex One and SuperMedia, both publicly traded companies, filed separate but parallel prepackaged Chapter 11 cases to consummate their stock-for-stock merger, amend or reinstate over $3.3 billion of funded debt obligations of the two companies, and maintain shareholder equity value in the combined enterprise. Holders of general unsecured claims received full payment under the plans. The combined company is known as Dex Media, Inc.
Edison Mission Energy — Representation of Edison Mission Energy (EME) in its highly successful Chapter 11 case in Chicago before the United States Bankruptcy Court for the Northern District of Illinois, culminating in the restructuring of approximately $5 billion in senior unsecured notes and other debt obligations. Through its Chapter 11 plan, EME sold substantially all of its assets and interests in both debtor and non-debtor subsidiaries to NRG Energy, Inc. for a total purchase price of over $2.6 billion, as well as the assumption by NRG of significant prepetition liabilities. In addition, the Chapter 11 plan incorporated a global settlement of all claims and disputes with EME's parent company, Edison International, resulting in approximately $1 billion in additional value for EME's estates. EME, through its subsidiaries, owned or leased and operated a portfolio of more than 40 electric generating facilities powered by coal, natural gas, wind, and biomass, as well as an energy marketing and trading operation.
EV Energy Partners, L.P. — Representation of EV Energy Partners, L.P., and certain affiliates in their prepackaged Chapter 11 restructuring in the U.S. Bankruptcy Court for the District of Delaware. Headquartered in Houston, EVEP is a master limited partnership engaged in acquiring, producing and developing oil and natural gas properties with approximately $640 million in funded debt obligations at the time of filing. Before filing for chapter 11 to implement its restructuring, the company negotiated a restructuring support agreement with 100 percent of the lenders under its reserve-based revolving credit facility and holders of approximately 70 percent of its unsecured notes, locking in support for a comprehensive restructuring of the company’s balance sheet.
FastMed Holdings I, LLC — Represented FastMed Holdings I, LLC and certain of its affiliates (“FastMed”) in their deleveraging transaction. FastMed is a privately owned operator of over 100 urgent care clinics in Arizona, North Carolina, and Texas. The transaction resulted in the consensual equitization of approximately $80 million in funded debt and the paydown of approximately $148 million in secured debt.
Friendly’s Ice Cream Corp. — Representation of a leading full-service, family-oriented restaurant chain and provider of ice cream products in the Eastern United States in Chapter 11 proceedings through which substantially all of Friendly’s assets were acquired by an affiliate of Sun Capital Partners, Inc. through a credit bid sale transaction. The sale closed and the Friendly’s business emerged from Chapter 11 approximately 3 months after the bankruptcy filing.
Gordmans Stores, Inc. — Representation of Gordmans Stores, an apparel and home décor retailer, in its Chapter 11 cases in the United States Bankruptcy Court for the District of Nebraska. Gordmans was founded in 1915 and, as of its Chapter 11 filing, operated 106 stores in 62 markets and 22 states.
Hines Horticulture, Inc. — Representation of Hines Horticulture and its subsidiary, one of the largest commercial nursery operators in North America, regarding their bankruptcy cases and the Chapter 11 sale of substantially all of the company's assets.
Horizon Lines, Inc. — Representation of Horizon Lines and its subsidiaries in connection with their successful $650-million restructuring and exchange offer. Horizon Lines is the nation's leading domestic ocean shipping and integrated logistics company. The company owns or leases a fleet of 20 U.S.-flag containerships and operates five port terminals linking the continental United States with Alaska, Hawaii and Puerto Rico and provides integrated, reliable and cost-competitive logistics solutions.
Innkeepers USA Trust — Representation of Innkeepers USA Trust and its affiliates, owners and operators of over 70 hotel properties across 19 states and the District of Columbia, in their Chapter 11 cases. Innkeepers successfully restructured approximately $1.4 billion in debt obligations and secured capital investments in and improvements to its hotel properties.
InSight Health Services Corp. — Representation of InSight Health Services Corp. and its affiliates in their prepackaged Chapter 11 restructuring, which converted to equity the company's senior secured notes and eliminated approximately $300 million of debt. InSight is a leading provider of medical diagnostic imaging services that owns and operates fixed-site and mobile MRI and other imaging facilities in over 30 states.
Lear Corporation — Representation of Lear Corporation, a leading global supplier of automotive seating systems, electrical distribution systems, and electronics, in its Chapter 11 reorganization (the first successful prearranged Chapter 11 restructuring of any tier 1 automotive supplier). In just four months after filing for bankruptcy in the U.S. Bankruptcy Court for the Southern District of New York, Lear emerged from Chapter 11, having eliminated approximately $3 billion in debt, preserved the supply base, and positioned the company as a highly competitive player in its market. Lear had 2008 net sales of $13.6 billion and employs more than 80,000 individuals at 210 facilities in 36 countries around the world.
Mission Coal Company, LLC — Representation of Mission Coal Company, LLC and its affiliates in their Chapter 11 cases in the United States Bankruptcy Court for the Northern District of Alabama. The company was headquartered in Kingsport, Tennessee with coal mining operations in West Virginia and Alabama. Mission Coal entered Chapter 11 to complete a sale process and, after an auction, received winning bids for three of its metallurgical coal mines. The company also successfully obtained court approval to modify its collective bargaining agreements through sections 1113 and 1114. After a highly contested plan and sale process, Mission Coal obtained the support of its DIP Lenders, reached a settlement with the unsecured creditors committee, and as a result, in May 2019 the Court simultaneously approved the sales and confirmed the plan.
Northern Pacific Group — Representation of Northern Pacific Group and a joint-venture affiliate in connection with a new $20 million debtor-in-possession loan to and successful $50 million credit-bid purchase of certain assets of Sungevity, Inc. and its subsidiaries. Sungevity is a leading solar panel distribution business that designs home solar systems, provides financing options, and manages system installation, maintenance, and performance.
Northwest Parkway, LLC — Representation of Northwest Parkway and its holding company parent in connection with the sale of all of the equity in Northwest Parkway to a consortium that included Northleaf Capital Partners, DIF Infrastructure IV, and HICL Infrastructure Company Limited. Northwest Parkway, previously owned by Portugal’s Brisa Auto-Estradas SA, holds a 99-year concession to operate and maintain a 14-kilometer tollroad that is part of the beltway system extending around Denver, Colorado.
PaperWorks Industries, Inc. — Representation of PaperWorks Industries, Inc. in its successful refinancing and out-of-court restructuring of approximately $387 million of funded indebtedness. Pursuant to the consensual restructuring, PaperWorks reduced its long-term indebtedness by approximately $275 million through a repayment of its revolving credit facility and an exchange of secured notes for new debt and common stock. In addition, the company obtained a new $115 million credit facility (including $70 million of new capital).
Sabine Oil & Gas Corporation — Representation of Texas-based Sabine Oil & Gas and its subsidiaries, an independent oil and gas exploration and production company with approximately $2.6 billion in outstanding funded debt obligations, in their Chapter 11 cases in the Southern District of New York. After more than a year of litigation (in the context of multiple motions for derivative standing and confirmation of Sabine’s Chapter 11 plan) Sabine confirmed a plan of reorganization that significantly reduced its funded debt obligations and secured the financial commitments necessary to fund the restructuring and go-forward business needs. In addition, Sabine successfully obtained the bankruptcy court approval needed to reject certain onerous midstream gas gathering agreements and better position the business for post-emergence success. In 2017, the Turnaround Management Association recognized the successful restructuring of Sabine Oil & Gas Corporation with its “Large Company Transaction of the Year Award.”
Samson Resources Corporation — Representation of Samson Resources Corporation in its Chapter 11 restructuring in the United States Bankruptcy Court for the District of Delaware. Samson, a leading onshore oil and gas exploration and production company with headquarters in Tulsa, Oklahoma, held oil and gas assets primarily located in Colorado, Louisiana, North Dakota, Oklahoma, Texas and Wyoming. In Chapter 11, Samson successfully executed on six simultaneous asset sales during its restructuring, with an aggregate purchase price of $650 million, and negotiated a global settlement with its major stakeholders, resolving all open issues in its bankruptcy. Samson’s plan of reorganization deleveraged its balance sheet by approximately $4 billion and positioned Samson for future success after emergence.
Seadrill Limited — Representation of Seadrill Limited and certain of its direct and indirect subsidiaries in their multi-jurisdictional restructuring of approximately $20 billion of contract and debt obligations. Seadrill is a leading global provider of offshore contract drilling services and employs nearly 4,000 individuals across 22 countries and five continents. Seadrill's pre-arranged Chapter 11 cases, one of the largest filings in 2017 based on asset size, resulted in the re-profiling of approximately $6 billion of secured debt, eliminated approximately $3.5 billion of unsecured bond and contractual obligations, and facilitated a capital investment of more than $1 billion. In the months preceding Chapter 11, Seadrill also consummated a series of ring-fencing transactions that successfully prevented its non-consolidated businesses from also having to commence Chapter 11 cases. Seadrill and its debtor subsidiaries confirmed their Chapter 11 plan with near universal consensus in approximately 7 months and emerged from Chapter 11 in less than 10 months.
Sequa Corporation — Representation of Sequa Corporation in its successful refinancing and out-of-court restructuring of approximately $1.9 billion of funded indebtedness. Pursuant to the consensual restructuring, Sequa obtained a significant new money investment, its senior credit facilities were refinanced in full, and over 90 percent of its unsecured notes were exchanged for new convertible preferred equity.
Sun Capital Partners, Inc. — Representation of Sun Capital regarding potential acquisitions of and investments in distressed companies, as well as certain matters involving portfolio companies.
Syncora Holdings Ltd. — Representation of Syncora Holdings Ltd. and certain of its subsidiaries in connection with the City of Detroit's Chapter 9 case, the largest-ever municipal bankruptcy filing. Syncora, through subsidiaries, insured or held a substantial amount of the City of Detroit's municipal finance debt obligations. After more than a year of vigorous litigation regarding multiple elements of Detroit's bankruptcy filing and proposed plan of adjustment, Syncora and Detroit entered into an innovative settlement that resolved all outstanding issues between the parties, delivered substantial value to Syncora and its subsidiaries, and created the foundation for Syncora's long-term partnership with and real-estate development and other investment in Detroit.
Technicolor S.A. — Representation of Technicolor S.A. (“Technicolor”), a Paris-based global leader in content creation to distribution for Hollywood studios, independent filmmakers, music producers, and video game and software developers in its Chapter 15 proceeding pending before the United States Bankruptcy Court for the Southern District of Texas. The Chapter 15 proceeding is part of a comprehensive restructuring strategy to raise €420 million in new financing and refinance Technicolor’s existing $477.8 million and €977 million of funded debt through an accelerated financial safeguard proceeding under French law. Technicolor and its subsidiaries together employ more than 14,000 artists, experts, engineers, and innovators operating in 27 key media markets worldwide, including the United States, Canada, France, and the United Kingdom.
Trans World Entertainment Corporation — Representation of specialty music and video retailer Trans World Entertainment Corporation regarding its acquisition of distressed retailer Value Music, Inc.
Ultra Petroleum Corp. — Representation of Ultra Petroleum Corp. and its affiliates in their comprehensive deleveraging and balance-sheet restructuring, accomplished through prepackaged Chapter 11 cases filed in the U.S. Bankruptcy Court for the Southern District of Texas and a parallel Canadian recognition proceeding filed in the Supreme Court of Yukon in 2020. Ultra is one of the largest oil and natural gas exploration and production companies in Wyoming.
W.R. Grace & Co. — Representation of W.R. Grace & Co. and its affiliates in their Chapter 11 cases seeking, among other things, to resolve significant asbestos-related liabilities. Grace is a leading global producer of specialty chemicals and construction products with 2009 total revenue of $3.3 billion.
Windstream Holdings, Inc., — Representation of Windstream Holdings, Inc., and its debtor subsidiaries in their Chapter 11 restructuring in the U.S. Bankruptcy Court for the Southern District of New York. Windstream is a leading provider of advanced network communications, technology, broadband, entertainment and security solutions to consumers and small businesses in 18 states. In bankruptcy, Windstream commenced litigation to recharacterize a $3.5 billion spin-off and master lease of certain telecommunications network assets. That litigation resulted in an innovative settlement that provided over approximately $1.2 billion in net present value and billions of dollars of improvement to Windstream’s telecommunications infrastructure. Windstream also confirmed a Chapter 11 plan or reorganization that addresses more than $5.6 billion in funded debt obligations, provides for a $750 million equity rights offering, and positions Windstream to achieve its long-term goals.
More
Thought Leadership
Press Mentions
“Windstream Secures Future for Long-Term Growth and Technology Leadership,” Businesswire, September 21, 2020
“Guitar Center Expects to File for Bankruptcy After Debt Plan,” Bloomberg, November 13, 2020
“Guitar Center Eyes Ch. 11 With Deal To Cut $800M In Debt,” Law360, November 16, 2020
Publications
“Uniti Telecom Lease Under Scrutiny by Windstream and Creditors,” WSJ Pro Bankruptcy, June 17, 2019
“Windstream Gets More Time to Reorganize,” The Deal, June 17, 2019
"Case Study: Restructuring Systemically Important, Multinational Agrokor D.D.," Turnaround Management Association, June 1, 2019
"Agrokor’s Landmark Dual Recognition Proceedings in the U.K. and U.S.; Bankruptcy Court Finds Gibbs Rule Does Not Prevent Recognition and Enforcement Under Chapter 15," Adam Paul, Brad Weiland, Kate Stephenson, Daniel Rudewicz, Kirkland & Ellis LLP Alert, November 5, 2018
"Arcapita and the Need for Mideast Restructuring Regimes," James H.M. Sprayregen, Kamran Bajwa, Brad Weiland, INSOL WORLD, Fourth Quarter 2014
"Circuits Split Over Credit Bidding in Sales Under Chapter 11 Plans," David R. Seligman and Brad Weiland, Real Estate Finance Journal, Winter 2011
"Circuits Split Over Credit Bidding in Sales Under Chapter 11 Plans," David R. Seligman and Brad Weiland, Kirkland & Ellis LLP Alert, July 7, 2011
"Break-Up Fee Denied for Stalking-Horse Bidder in Bankruptcy Asset Sale," David R. Seligman and Brad Weiland, Kirkland & Ellis LLP Alert, February 17, 2010
Seminars
Fictional Case Study Discussion and Seminar, co-paneled with Ryan Blaine Bennett and Neil Walther (Kirkland & Ellis LLP), Training the Street "Distressed Restructuring" Event, University of Chicago Booth School of Business, April 15, 2012
Memberships & Affiliations
American Bankruptcy Institute
American Bar Association
- Vice Chair of the International Bankruptcy Subcommittee of the Business Law Section
INSOL International
Member, International Insolvency Institute
Credentials
Admissions & Qualifications
- Illinois
Education
- University of Chicago Law SchoolJ.D.with Honors2008
- University of Notre DameB.A., Economicsmagna cum laude2004