The following are some cases representative of
Ms. DeMarb’s receivership practice:
Attorney Rebecca DeMarb serves as a receiver throughout Wisconsin in the context of Chapter 128, foreclosures and judgment enforcement or “supplemental” receiverships.
Courts have appointed DeMarb as receiver across a wide variety of industries including, but not limited to, commercial real estate, residential real estate, construction, agricultural implements, retail, intellectual property, and manufacturing. Regardless of your industry, we have the experience to confidently navigate its unique complexities and to provide the thorough assistance you need.
In re Quality Assembly & Logistics, LLC, 20 CV 28, Marinette County, WI (Chapter 128 Receiver).
Closed on the sale of the operating company’s assets in the first months of COVID-19 to two different buyers, with the sale of the manufacturing assets to a competitor in Wisconsin and the sale of the intellectual property assets to a Japanese Company. 95% collection rate on accounts receivables.
In re Flambeau River Papers, LLC, 19 CV 34, Price County, WI (Chapter 128 Receiver).
Appointed over operating paper mill with $40 million in debt, no cash and no financing in place. Negotiated financing order with primary customers to continue operations. Months later, suspended manufacturing while running back to back sale processes, both with auctions, after the first failed to close. Plant was effectively hibernated to maintain value so that buyer could reopen it nearly a year later.
In re GreenWhey Energy, Inc., 16-CV-164, Polk County, WI (Chapter 128 Receiver).
Company operated whey digester with over $25 million in debt on appointment. Operated in receivership, managing cash, addressing DNR issues, hiring and firing, with financial support from secured creditor for two years. After secured creditor stopped providing cash, raised funds from customers to continue operations until closing on sale of assets.
First Commercial Bank of Tampa Bay v. Marshall H. Krone, 08-FJ-38C, Dane County, WI (Collection Receiver).
After appointment as supplemental receiver for the debtor, voted debtor’s stock in healthy company, Crown Operations International, Ltd., to sell company’s assets. Due to the highly litigious nature of the action, ran a full sale process in state court, and then again at direction of the Bankruptcy Court for the Middle District of Florida after the Chapter 11 filing.
In re UMS Holdings, LLC, 19 CV 8498, Milwaukee County, WI (Chapter 128 Receiver).
Filed sale motion for operating assets of multi-location scrap business on the date of appointment over entity with over $32 million in secured debt. Efficiently closed on the sale within six weeks of appointment. Continuing to pursue litigation against insiders.
Sold Out LLC v. 216 State Street, LLC, et al., 12-CV-3615, Dane County, WI (Foreclosure Receiver).
Appointed as receiver over the Orpheum Theater in Madison, Wisconsin, and, through a management contract with Frank Productions, continued operations in receivership.
In re Bobby G’s Bowl -n- Bar LLC, 08 CV 27, Columbia County, WI (Chapter 128 Receiver).
Operated and then sold bowling alley.
In re TSE Services, LLC, 18 CV 363, Dane County, WI (Chapter 128 Receiver).
Negotiated stalking horse bid and ran quick sale process due to cash constraints for tech company. Sold operating assets after successful auction to company’s competitor who outbid stalking horse.
In re Best Energies, Inc. 10 CV 6475, Dane County, WI (Chapter 128 Receiver).
Managed business through sale of intellectual property at auction.
United States v. Americanway Management Corp.,16 CV 26, W.D. Wis. (Receiver for the Internal Revenue Service).
Appointed by the Federal District Court on behalf of the IRS over assets of operating CBRF. Managed process resulting in debtor’s voluntary sale.
Bouraxis Properties Receiverships (Drexel Commercial Limited Partnership, Rawson Commercial Limited Partnership, Legend Creek, LLC, Greenfield Estates Limited Partnership, Indian Creek Condominium Associates Limited Partnership, Adams Court, LLC, Bouraxis Properties (College Plaza), LLC, Bouraxis Properties (Riverwood Plaza), LLC, Bouraxis Properties (Layton), LLC, Riverwood Village, LLC, 14-CV-3185, Milwaukee County, WI (Chapter 128 Receiver).
Related real estate entities in the Milwaukee area owned apartment buildings, strip malls, restaurants, development land, and half-completed condominium developments. Worked in a series of sales, some with auction and some with development land over years, to maximize return to secured creditor, owed over $22 million on the appointment date.
Stoney Rivers LLC v. Timblin Enterprises LLC, 13 CV 995, Marathon County, WI (Foreclosure Receiver).
Maintained and managed Cedar Creek Mall in Wausau, Wisconsin, during foreclosure process through sale.
In re GHL Corporation, 10 CV 639, Jefferson County, WI, Park Bank v. GHL II, LLC, 10 CV 3432, Dane County, WI (Chapter 128 Receiver).
Operated and sold c-stores, gas station and restaurants.
State Bank of Cross Plains v. Raemisch Imp., Inc., 11 CV 3883, Dane County, WI (Chapter 128 Receiver).
Managed issues with many OEMs, consignors and the primary secured creditor. Ran farm-style auction for agricultural implement dealer to maximize value of assets for benefit of creditors.
In re Celebrity Spas, LLC, 10 CV 1613, Dane County, WI (Chapter 128 Receiver).
Receiver for Cameo Day Spa in Madison, WI.
In re Mt. Horeb Plumbing, Inc., 09 CV 5572, Dane County, WI (Chapter 128 Receiver).
Made decision to cease operations and finish only certain jobs for large plumbing contractor. Ran farm-style auction of inventory and tools.
The Orpheum Theatre Sold Out, LLC v. 216 State Street, LLC, et. al., 12 CV 3615 (Dane County).
Appointed as foreclosure receiver over the historic Orpheum Theatre and, as such, acted as the owner of the real estate with regard to upkeep and maintenance, including fire restoration and participated in a management agreement allowing for events to be hosted at the Orpheum over a period of approximately 16 months.
Raemisch Implement, Inc., 11 CV 3883 (Dane County).
Appointed as Chapter 128 receiver over assets of a large agricultural implement dealer; negotiated distribution of cash proceeds from successful auction between lessors, consignors, several banks as secured creditors and dealers.
Nicolet National Bank v. Whitefield Industrial Coatings, Inc. 12 CV 732 (Brown County).
Appointed as Chapter 128 receiver over assets of an operating manufacturing company; resulting in sale as going concern.
First Commercial Bank of Tampa v. Krone, et. al, 08 FJ 0038 (Dane County).
Appointed as supplemental receiver over assets of an individual which assets included 100 percent of the stock in an operating, healthy business; in the face of constant litigation and a subsequent Chapter 11 filing, managed the sale of the operating business to pay all business creditors and make a significant distribution to the judgment creditor.