Bankruptcy
Represented primary secured creditor in Chapter 11 case involving USA’s largest commercial roofing company operating in 25 states.
Represented creditor in connection with $40,000,000 in subordinated debt issued by debtor.
Representing creditor in adversary proceeding to re-characterize $500,000,000 in senior secured debt as equity.
Represented secured lender in bankruptcy of one of the nation's oldest and largest residential home builders in Florida Bankruptcy Court.
Represented secured and unsecured creditors, including bank and non-bank lenders, DIP lenders, landlords, equipment lessors, vendors and asset purchasers, in bankruptcy cases across the country including cases in the Central, Northern and Eastern Districts of California, Colorado, Delaware, the Southern District of Florida, the Northern District of Georgia, the Northern District of Illinois, the Eastern and Western Districts of Kentucky, the Northern and Southern Districts of Ohio, Michigan, New Mexico, the Southern District of New York, the Middle and Western Districts of Pennsylvania, the Northern and Eastern Districts of Oklahoma, South Carolina, the Eastern, Western and Middle Districts of Tennessee, the Northern and Southern Districts of Texas and the Western District of Washington.
Loan Workouts and Restructurings
Represented various bank and non-bank lenders in workouts and the restructuring of real estate and commercial loans.
Represented letter of credit issuer in restructuring $102,000,000 in bonds issued by nonprofit entity and secured by letter of credit.
Represented lender in restructuring $90,000,000 construction loan and related liability under interest rate SWAP.
Represented lender in restructuring of $50,000,000 loan secured by medical office buildings.
Represented lender in restructuring of $56,000,000 loan secured by hotels.
Distressed Debt
Represented distressed debt investor in purchase of $132,000,000 loan pool.
Represented distressed debt investor in purchase of $58,000,000 loan pool.
Represented distressed debt investor in trial of fraudulent transfer action to avoid deed in lieu of foreclosure of big box retail center.
Represented distressed asset investors in the acquisition of distressed companies through acquisition of secured debt and subsequent conversion of debt to equity, foreclosure, sales under Section 363 of the Bankruptcy Code and/or confirmation of Chapter 11 plans.
Represented distressed asset investor in acquisition of secured debt of multi-state, specialty vehicle manufacturer and purchase of assets at a sale under Section 363 of the Bankruptcy Code.
Represented distressed asset investor in acquisition of secured debt of nationwide commercial roofing company and acquisition of equity of reorganized company pursuant to a Plan under Chapter 11 of the Bankruptcy Code.
Represented distressed asset investor in acquisition of secured debt of California-based restaurant chain and exercised creditor remedies to acquire stock at public foreclosure sale and subsequently sell to management group.
Commercial Litigation
Represented creditors in state and federal receiverships, collection actions, preference and fraudulent transfer litigation, lender liability litigation, derivative litigation and other commercial litigation arising from debtor-creditor relationship.
Represented investors in gaining control of oil and gas properties in Western United States through litigation in Colorado and New Mexico State Courts and Colorado and New Mexico Bankruptcy Court.
Represented lender to aircraft dealer/broker in Florida State Court and Texas Bankruptcy Court in complex litigation regarding passage of title under Article 2 of the UCC and lien priority under Article 9 of the UCC.
Represented seller of $60,000,000 hotel and office building in Kentucky State Court and the Eastern District of Kentucky regarding claims arising from right of first offer.
Collateral Foreclosures and Recoveries
Represented various bank and non-bank lenders in the collection of pledged accounts and the liquidation of equipment, real estate, intellectual property, securities, pledged accounts, and other collateral assets in a wide variety of industries.
Management of Trademark Portfolio
Represented subordinated lender in connection with workout and recovery of $30,000,000 loan secured by Manhattan real estate.
Represented lender in foreclosure and disposition of dry stack marinas in South Carolina.
Represented bond trustee and bond insurer in deed in lieu of foreclosure of military housing project.
Distressed Automotive
Represented suppliers, purchasers, and lenders in distressed settings, including bankruptcy, critical vendor status, reclamation rights, and executory contract issues, accommodation agreements, intercustomer agreements, adequate assurance demands, capacity reservation agreements, tooling disputes and seller and purchaser remedies.
Represented Tier 1 supplier in arbitration of claims for lost profits and other damages arising from termination of supply contract.
Federal and State Court Receivership
Represented secured lender in receivership of failed plaintiff's mass tort law firm in Utah State Court and collection of receivables arising from law firm's mass tort cases.
Represented secured lender in receivership of failed law firm in the Western District of Oklahoma and collection of receivables arising from law firm's cases.
Lender Liability
Represented lenders of all types in the mitigation of lender liability risk generally and in defense of lender liability actions.