results

Challenge

In December 2016, Roust filed for Chapter 11 and emerged from bankruptcy in 7 days – making it the fourth shortest Chapter 11 reorganization in history and the first in the Southern District of New York. The stigma associated with bankruptcy in Eastern Europe, where Roust is headquartered, necessitated a speedy restructuring to dispel panic and speculation among its stakeholders. Additionally, substantial financial obligations were due in January 2017 and the company needed the capital infusion provided for in the plan to make those payments.

Execution

Roust hired our expert solicitation team to develop a novel noticing and balloting process whereby the company could emerge from bankruptcy within days of the filing.

• Served voting parties with a notice of the combined disclosure statement and confirmation hearing at the same time they received voting documents for the plan
• Actively partnered with counsel to research a broad group of parties in interest to be provided with advance notice of the prepackaged plan and hearing date, something that is usually not done until after the filing
• Certified the vote and filed the certification on December 30, 2016, the same day that the company filed its petition
• Confirmed that all relevant parties had been served to the Judge at the confirmation hearing on January 6th
• Facilitated the distribution of new DTC eligible notes and/or private shares to creditors upon conformation

Results

Epiq helped Roust execute a historic plan confirmation process. Company emerged from Chapter 11 in seven days, making it the fourth-shortest Chapter 11 reorganization in history and the first in the southern district of New York.