October 14, 2016
Curtis Represented Law Debenture Trust Company in the Chapter 11 Cases of Boomerang Systems
Curtis represented Law Debenture Trust Company of New York (“Law Debenture”) in the Chapter 11 cases of Boomerang Systems, Inc., (“Boomerang”) in the United States Bankruptcy Court for the District of Delaware before Judge Mary F. Walrath. Boomerang was in the automated parking system business and designed solutions including the “RoboticValet®.” The “RoboticValet®” is a low-profile, omni-directional robot that carries vehicles parked on steel trays to and from spaces by “driving” them directly on a concrete slab without use of a rack, rail or track.
Law Debenture engaged Curtis in early August 2015 to provide legal assistance as Law Debenture became Successor Agent under a Loan and Security Agreement governing Boomerang’s 15% Secured Notes, which represented the primary source of the company’s debt at the petition date. After Boomerang’s Chapter 11 filings on August 18, 2015, Curtis continued to represent Law Debenture in its capacity as Successor Agent in the Chapter 11 cases.
Boomerang ultimately pursued a Chapter 11 plan of liquidation, with DIP lender Game Over Technology Investors, LLC, (“Game Over”), serving as a stalking-horse bidder as part of the sale marketing process. After no superior bids were received, Game Over entered into an asset purchase agreement with Boomerang, and the Chapter 11 plan went effective on March 31, 2016.
The Curtis team included Restructuring and Insolvency Partner L. P. Harrison 3rd, Corporate Partner Joshua S. Geller, Restructuring and Insolvency Counsel James V. Drew and Corporate Counsel Susana M. Namnum.