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Official Committee of Unsecured Creditors
Kapila & Company has
represented numerous Committees of General Unsecured
Creditors to assist their members in obtaining an
objective
evaluation of financial ramifications. Such representations
include:
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Ruden McClosky, P.A.
Banco
Latino International
Jesup & Lamont, Inc., et al
Abraham D. Gosman
APL Corporation
Poinciana Development Company II, Inc.
Florida Entertainment,LLC (St Tropez)
Music Semiconductors
G-Site Associates
Hospital Staffing Services, Inc.
Tuttles Design Build, Inc.
Miami Shoes, Inc.
Thomas Aloysius Warmus
The Boca Raton Company
Southern Gun & Tackle, Inc. |
RUDEN McCLOSKY, P.A.
Kapila & Company served as financial advisors to the Official Committee of Unsecured Creditors in this Chapter 11 proceeding of a large law firm, Ruden McClosky. Kapila assisted the Creditors Committee in analyzing the sale of the firms assets and interests to maximize return to the creditors under a Section 363 sale of assets
BANCO LATINO INTERNATIONAL
Kapila & Company was engaged as accountants and financial consultants to the
Official Committee of Unsecured Creditors of this $200
million Edge Act Bank operating in Miami.
We provided financial analysis, including liquidation analyses under various
alternatives, to the Committee to fulfill its fiduciary role of overseer
for over 6,000 unsecured creditors. We acted as financial
consultants and provided
complex tax analyses, advice and consultation to conform the Plan of Reorganization,
Disclosure Statement, and the Liquidating Trust with Internal Revenue Service
procedures and guidelines. The case was hotly contested between competing
interests and was confirmed with a 100% return to depositors.
JESUP & LAMONT, INC., ET AL
Kapila & Company was employed as accountants and financial advisors to the Official Committee of Unsecured Creditors of this 133 year old brokerage firm located in Manhattan, NY, which allegedly employed 300 advisers and had 30 offices. We are providing an objective analysis of the financial transactions in the pre-petition period and during the DIP proceeding to maximize recovery of assets for the estate.
ABRAHAM D. GOSMAN
Kapila & Company was
engaged as accountants and financial consultants to the Official Committee of Unsecured Creditors
of this multi-million dollar individual bankruptcy case. With assets
and liabilities exceeding $250 million dollars, this is likely the
largest and most complex individual bankruptcy Chapter 11 case filed
in the Southern District of Florida. We assisted the Committee and
its Counsel in evaluating numerous financial activities and transactions
of this multi-millionaire. Mr. Gosman had interests in healthcare
related businesses across the country as well as in real estate development
transactions. Our role was to provide reliable assessments of the
intricate
transactions that Mr. Gosman entered into and perform a forensic
analysis to assist in identification and tracing of assets to add
value for
the benefit of unsecured creditors. We also assisted in the formulation
of the Plan of Reorganization and Disclosure Statement.
APL CORPORATION
Kapila & Company
was engaged as accountants and financial consultants to the Official Committee of Unsecured
Creditors of this previously owned Victor Posner conglomerate. We
assisted the
Committee's counsel in aggressive litigation to replace corporate
management. We provided reliable assessments of the company's various
operating
subsidiaries, and their condition and capabilities to help ensure
the estate's principal assets were being preserved and properly marshalled.
We assisted the Committee in evaluating alternative strategies and
options to maximize the estate's value for creditors. We analyzed
significant
and complex related party transactions of this intricate group of
companies.
POINCIANA DEVELOPMENT COMPANY II, INC.
Kapila & Company was engaged as accountants and finanacial consultants to the Committee of Unsecured Creditors of this home builder development. We investigated insider transactions to assist the Committee and its counsel to identify potential recovery targets.
FLORIDA
ENTERTAINMENT, LLC (ST TROPEZ)
Kapila &
Company was retained as accountants and financial advisors to the
Official Committee of General Unsecured Creditors in this gaming
industry, Chapter 11 bankruptcy of a single vessel, gambling "cruise
to nowhere" on the St. Tropez. We assisted the Committee in an objective
analysis of the financial affairs, financial viability and operating
reports analysis resulting in the appointment of a Chapter 11 Trustee.
MUSIC SEMICONDUCTORS
Kapila & Company
was engaged as accountants and financial consultants to the Official
Committee of Unsecured Creditors to conduct an objective analysis
of the financial conduct of the Debtor for both the pre-petition
and post-petition
periods. The Debtor is a seller of binary computer chips manufactured
by a related entity in the Philippines. We also assisted the
Committee with their assessment of the viability of
the core business, feasibility
of the Debtor's Plan of Reorganization and their ability to reorganize.
G-SITE ASSOCIATES
Kapila & Company
was engaged as accountants and financial consultants to the Official Committee of Unsecured Creditors
of this real estate and construction partnership involved in the development
and sale of single family luxury homes. We assisted the Committee as
financial consultants to monitor the financial operations of the Debtor
as well as financial and tax matters relating to the preparation of
the Plan of Reorganization and Disclosure Statement. We traced flows
of assets to the parties "benefiting" therefrom. We also
investigated insider relationships and voidable transactions,
and developed the
proof of insolvency for fraudulent transfer litigation.
Following confirmation, the Committee selected Soneet R. Kapila to be the Post-Confirmation
President and CEO of the two corporate general partners of G-Site to implement
the Liquidating Plan of Reorganization. He oversaw the construction of all
remaining homes and pursued causes of action to recover monetary assets. He
vigorously litigated causes of action against several creditors to maximize
distribution to the remaining constituents.
HOSPITAL STAFFING SERVICES, INC.
Kapila & Company
was engaged as accountants and financial consultants to the Official
Committee of Unsecured Creditors of this publicly traded home health care and
alternative health services delivery systems corporate group with revenues
exceeding $45 million. We assisted the Committee by providing reliable
assessments
of the feasibility of the Plan of Reorganization. We reviewed
the
projections prepared by the Debtor, analyzed the ability of the Debtor to reorganize, and assisted in plan formulation
strategies.
TUTTLES DESIGN BUILD, INC.
Kapila & Company
was engaged as accountants and financial consultants to the Official
Committee of Unsecured Creditors of this multi-million dollar
nursery business to assist the Committee in obtaining an objective and
in-depth understanding of the finances of the Debtor, and develop a strategic
direction for the case.
MIAMI SHOES, INC.
Kapila & Company was engaged as accountants and financial
consultants to the Official Committee of Unsecured Creditors
to conduct an objective analysis of the viability of the
core business, application
of monetary assets and the ability to reorganize.
THOMAS
ALOYSIUS WARMUS
Kapila & Company was engaged as accountants to the Official Committee of
Unsecured Creditors of this individual Debtor. Mr. Warmus directly owned or
controlled insurance companies in various states with reported aggregate assets
of approximately $100 million. Additionally, the Debtor owned substantial real
estate holdings. We provided analyses of the assets available to reorganize
the Debtor and the tax ramifications of the Liquidating Plan of Reorganization
to assist the Committee in determining alternative courses of action in fulfilling
its fiduciary responsibilities.
THE BOCA RATON COMPANY
Kapila & Company was engaged as accountants to the Official Committee of
Unsecured Creditors of this fragrance distributor. We performed an analysis
of financial affairs and preferences.
SOUTHERN GUN & TACKLE, INC.
Soneet R. Kapila acted as accountant to the Unsecured Creditors' Committee.
His duties included investigation and analysis of complex and intricate corporate
transactions involving preferences and fraudulent conveyances.
Upon conversion to Chapter 7, we were retained by the Trustee to assist in
the liquidation and administration of the estate, including analysis of preferential
and fraudulent transfers and assistance in recovery thereof. Our investigation
and analysis led to several lawsuits seeking affirmative recoveries, in which
Soneet Kapila acted as an expert witness on fraudulent transfer and insolvency
issues.
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Remarks
Before the Honorable A. Jay Cristol,
Chief Judge of the U.S. Bankruptcy Court,
In and For the Southern District of Florida
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14 September 1994
Case No. 93-11006-BKC-AJC
MS. BRADLEY: Yes. I just wanted to concur that the result is indeed excellent.
It has everything to do, from what I understand Mr. Levine and Mr. Kapila. This
was a very difficult case, and they've done some magic. They are to be commended.
Pg. 15-16, Ln. 24-25; 1-3
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