RCT Secures $21.5 Million Settlement of D&O and Fraudulent Transfer Claims

On April 27, 2017, the U.S. Bankruptcy Court for the District of Delaware approved a global settlement among Fresh & Easy, LLC, its former insiders, and the Official Committee of Unsecured Creditors. RCT represented the Committee in pursuing claims against the insiders—including billionaire supermarket magnate Ronald Burkle—for breach of fiduciary duty and fraudulent transfer of certain assets. After obtaining a temporary restraining order preventing the insiders from further disposing of the assets, RCT secured a settlement of those claims in exchange for a $21.5 million cash payment and the release of $104 million of insider claims against the estate, thereby doubling the projected distributions to unsecured creditors in the case.
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Prior results do not guarantee a similar outcome.