Case Studies

Interim Management & 363 Sales of Bankrupt $100M+ Real Estate Portfolio

J.S. Held Acquires Shechter & Everett to Expand Forensic Accounting Capabilities for Family Law Disputes in Florida

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Home·Interim Management & 363 Sales of Bankrupt $100M+ Real Estate Portfolio

The Situation

KS Mattson Partners, LP (KSMP, “Debtor”) and LeFever Mattson (“Companies”) created a convoluted multimillion-dollar web of more than 57 LLCs and LLPs, which collectively purchased and managed over 200 multifamily residential and commercial properties valued at over $500M. The Companies accessed and pooled capital by selling limited equity interests in the properties, which were encumbered by high-interest loans with balloon payments. The securities sales often involved off-the-record bookkeeping.

Portfolio-wide defaults led to the scheme unraveling. The Companies’ principals made accusations against each other, which became headline news for months. KSMP’s creditors filed an involuntary bankruptcy petition against the company. The FBI seized KSMP’s records, and investors filed numerous lawsuits. The court-appointed Responsible Individual for KSMP retained J.S. Held as the Operations and Asset Manager of the company’s portfolio of 34 assets to execute Section 363 sales to optimize returns for investors and creditors, and to oversee accounting and financial reporting.

How We Advised

As Operations and Asset Manager, our team sold certain properties and facilitated the distribution of proceeds to stakeholders. The engagement was complicated by the fact that KSMP had no employees, its limited books and records were seized by the FBI, and the only individual with substantive pre-petition knowledge of the Debtor’s operations was subject to federal indictment.

Given these circumstances, our team initially focused on reconstructing the Debtor’s financial history, determining ownership of the various properties, developing a ground-up understanding of ongoing operations, and assessing methods to optimize the portfolio’s recovery to fraud victims. We then advised on and implemented asset pricing and sale strategies; provided operational oversight of brokers and property managers; and coordinated property sales, due diligence, and closings.

Our team also performed key financial and bankruptcy advisory functions to support the administration of the Chapter 11 estate. These efforts included preparing and filing the Schedule of Assets and Liabilities (Form 206) and Statement of Financial Affairs (Form 207), compiling monthly operating reports, obtaining and paying off DIP financing, managing liquidity, and implementing accounting controls to manage payables, receivables, and recurring reporting obligations.

Keys to our successful recovery included:

  • Leading the sales processes and closing nine property sales, generating approximately $22M for creditors and shareholders before KSMP and LeFever Mattson’s assets were transferred to a Plan Recovery Trust pursuant to the court-approved Chapter 11 Plan of Liquidation (“Plan”).
  • Managing real estate operations for 11 months, preserving asset values, and collecting nearly $750K in rental income.
  • Directly assisting in the development and implementation of the substantive consolidation of the KSMP bankruptcy with the LeFever Mattson bankruptcy and subsequent confirmation of the Plan.

Our Solutions

  • Seized and managed operations.
    • Rapidly deployed personnel for an on-site takeover.
    • Determined ownership and debt for each property.
    • Engaged a local property manager for direct tenant communications.
    • Created bookkeeping and accounting systems to manage collections and payments.
  • Closed real estate sales.
    • Mobilized real estate agents with localized experience and knowledge.
    • Provided oversight of property valuation and market positioning.
    • Corresponded with city attorneys, code enforcement officials, secured creditors, county assessors, surveyors, title and escrow officers, tenants-in-common, and the Department of Justice (DOJ) to clear escrow roadblocks and guide closings.
    • Negotiated settlements with the DOJ, investors, and secured creditors.
  • Collaborated with a large cohort of bankruptcy professionals.
    • Partnered with KSMP bankruptcy counsel to:
      • File all required court filings despite a lack of documentation after the FBI seized records.
      • Negotiate settlements with creditors and obtain court orders approving the settlements.
      • Provide frequent reporting and communication to unsecured creditors.
      • Establish sale procedures in the best interest of creditors.
    • Collaborated with LeFever Mattson bankruptcy professionals to:
      • Adjudicate thousands of investor claims.
      • Demonstrate that substantive consolidation was in the best interest of creditors for both bankruptcy estates.
      • File the recovery plan and transition operations to the Plan Recovery Trust.

Related Practice Areas

> Chief Restructuring Officer (CRO) and Interim Management Services
Our experienced C-suite interim executives advise and support companies in financial distress, experiencing hypergrowth, or that are challenged by critical vacancies among senior leadership. Whether the leadership void results from operating challenges, a recent officer resignation, the need for added support during busy periods, or during an extended job search for the right permanent hire, our experienced executives provide immediate relief and value.

 

> Bankruptcy Advisory
Navigating bankruptcy is inherently complex, often involving struggling businesses, litigation, incomplete or inaccurate financial records, potential fraud, and other challenges, in addition to strict court-mandated processes. Our experienced team of turnaround and restructuring experts seamlessly guides clients throughout the process to optimize outcomes for lenders, creditors, shareholders, and employees.

Key Contacts

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