Practice focuses on bankruptcy, debt restructuring and workouts, and creditors' rights. Extensive experience in representation of secured creditors, equipment lenders and lessors, and creditor groups in all aspects of bankruptcy proceedings, including automatic stay litigation, cash collateral and DIP financing orders, lien review and priority determinations, intercreditor agreements, plan negotiation and confirmation, liquidation of companies and collateral pools, and litigation of preference, fraudulent transfer, and commercial tort matters in bankruptcy court.
Experienced mediator in bankruptcy litigation matters.
Relevant Experience
- Counsel to operating lender in several large dairy workouts, including two chapter 11 bankruptcy reorganizations. Reached and confirmed consensual chapter 11 plans in each case, resulting in full recovery of lender's $22 million and $14 million secured loans.
- Documented several large asset-based revolving loan facilities, including $50 million loan to oilfield services company and $20 million loan to dairy/agri-business.
- Represented lenders in arbitration proceedings involving commercial loans and defenses to payment.
- Represented bank group in Texas chapter 11 case involving $92 million secured loan. Negotiated DIP financing agreement with 3 affiliated debtors. Drafted and obtained confirmation of bank group's plans establishing for orderly liquidation of assets and pursuit of significant avoidance litigation through liquidating trust.
- Represented bank group in Delaware chapter 11 case involving $70 million DIP to big box retailer and exit facilities and successful reorganization.
- Represented floor plan lender in chapter 11 bankruptcy of auto dealership and asset sale. Successful prosecution of lien priority and tracing litigation between asset based lender and secured equipment and parts vendor.
- Representation of financial institution engaged in purchase and sale of mortgages to large insolvent mortgage servicing company.
- Special counsel to Liquidating Plan Trustees for defunct retailer and manufacturing company, obtaining several large recoveries from preference and fraudulent transfer litigation, including settlement payments of $2.5 million and $1.8 million.
- Lender's counsel in two chapter 11 bankruptcies of medical imaging centers and asset sales.
- Routinely represent several large equipment lenders/lessors in loan collection and bankruptcy matters; have handled hundreds of matters.
- Numerous creditors' rights actions, including sequestration, receiverships, and garnishments.
- Co-counsel for creditors' committee in healthcare and retail chapter 11 cases.
- Defended investors and directors in $5 million fiduciary duty case brought by bankruptcy trustee.
- Co-counsel in defense and settlement of $125 million fraudulent transfer case of national prominence.
- Acting general counsel for transportation and truck rental company for 13 month period.
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