James H. Haithcock, III

Experience

• Spirit Airlines, Inc. – United States Bankruptcy Court for the Southern District of New York (Case 24-11988) – Represented and advised a national credit card provider through the restructuring of one of the United States’ largest airlines.
• Big Lots, Inc. – United States Bankruptcy Court for the District of Delaware (Case 24-11967) – Represented a major private label credit card provider in navigating a quickly changing bankruptcy landscape from a going concern sale, to a full liquidation, to a 200-400 store landscape.
• Franchise Group, Inc. – United States Bankruptcy Court for the District of Delaware (Case 24-12480) - Represented a retail financer, who had just contracted with the Debtors, to protect its rights under the executory contract while American Freight was processing liquidation/going out of business sales.
• The Rooms Place – United States Bankruptcy Court for the Northern District of Illinois (Case 24-01529) – Advised and represented a national private label credit card, that accounted for a significant percentage of the company’s overall sales, with protection of its rights under the executory contract when Debtors pivoted from a reorganization to a liquidation.
• Rue 21 – United States Bankruptcy Court for the District of Delaware (Case 24-10939) – Represented a national private label credit card provider traverse a full liquidation, IP Sale, and ultimate dismissal of its contract counterparty’s Chapter 11 bankruptcy.
• Express, Inc. – United States Bankruptcy Court for the District of Delaware (Case 24-10831) – Represented a national private label credit card provider in negotiating an assumption and assignment of the executory contract without being placed into any designation rights categories.
• Bed Bath & Beyond, Inc. – United States Bankruptcy Court for the District of New Jersey (Case 23-13359) – Represented a national private label credit card provider for Bed Bath & Beyond and buybuy Baby as it navigated a complete shuttering of all brick and mortar stores of retail locations.
• Century 21 – United States Bankruptcy Court for the Southern District of New York (Case 20-12097) – Represented a national private label credit card provider as retailer completely shut down in the wake of the Covid-19 pandemic. We were also able to negotiate and manage a mid-seven figure claim against the estate.
• Ascena Retail Group, Inc. (Ann Taylor, Loft, Lane Bryant, Justice and Catherine’s) – United States Bankruptcy Court for the Eastern District of Virginia (Case 20-33113) – Represented a national private label credit card provider in a multi-brand bankruptcy, including Ann Taylor, Loft, Lane Bryant, Justice and Catherine’s. Each brand was sold in separate sale transactions creating a multitude of issues to navigate including assumption, assignment, and rejection of various contracts with the debtor entities.
• RTW Retailwinds, Inc. (New York & Co.) – United States Bankruptcy Court for the District of New Jersey (Case 20-18445) – Represented a national private label credit card provider in navigating the liquidation and sale of a brand partner resulting in assumption and assignment of contracts to the purchaser of the going concern business.
• Lucky Brand Dungarees, LLC – United States Bankruptcy Court for the District of Delaware (Case 20-11769) – Represented a national private label credit card provider in navigating the sale of a well-known apparel company specializing in designer jeans.
• Stage Stores, Inc. – United States Bankruptcy Court for the Southern District of Texas (Case 20-32564) – Represented a national private label credit card provider when a retailer completely went out of business. Additionally, we negotiated a consensual resolution on the termination of certain revenue streams, post-petition, between the parties.
• J. Crew – United States Bankruptcy Court for the Eastern District of Virginia (Case 20-32181) – Represented a national private label credit card provider in navigating the Chapter 11 restructuring of one of the most recognizable fashion brands in the country.
• Modell’s Sporting Goods, Inc. – United States Bankruptcy Court for the District of New Jersey (Case 20-14179) – Represented a national private label credit card provider in enforcing a pre-petition termination of an executory contract so that the bankruptcy filing did not negatively affect client.
• Bluestem Brands, Inc. – United States Bankruptcy Court for the District of Delaware (Case 20-10566) – Represented a national private label credit card provider in navigating the sale of an entire mail-order business resulting in assumption and assignment of the executory contract.
• Pier 1 Imports – United States Bankruptcy Court for the Eastern District of Virginia (Case 20-30805) – Assisted a national private label credit card provider in protecting its rights pursuant to an executory contract where the retailer quickly pivoted from the sale of the company to a complete liquidation of all brick and mortar stores.
• Avenue Stores, LLC – United States Bankruptcy Court for the District of Delaware (Case 19-11842) – Represented a national private label credit card company during a retailer’s complete liquidation of its brick and mortar business by protecting rights under the executory contract.
• Barney’s, Inc. – United States Bankruptcy Court for the Southern District of New York (Case 19-36300) – Represented a national private label credit card company in the bankruptcy of one of retail’s oldest and most luxurious brands.

Honors & Recognitions

Professional Activities