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Secured Lender Representation

As part of our integrated Banking + Restructuring practice — which also includes attorneys from our finance, corporate, real estate, intellectual property, tax, and labor and employment teams — we work closely with each client to formulate a carefully tailored strategy that meets the client’s goals in a cost-efficient manner.

We regularly represent banks, non-depository financial institutions, indenture trustees, bondholders, servicers, and special servicers as secured creditors in significant bankruptcy matters and out-of-court restructurings on a nationwide basis. Our representation of secured creditors runs the gamut, from pre-bankruptcy default enforcement and election of remedies to prosecution of appropriate value-maximizing strategies through the bankruptcy process to post-bankruptcy enforcement of rights and remedies. In bankruptcy cases, we regularly represent lenders in negotiating debtor-in-possession (DIP) financing facilities, cash collateral and adequate protection litigation, prosecution of stay relief motions and objections to confirmation, and negotiation of consensual reorganization plans where appropriate.

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  • Represented the U.S. subsidiary of a foreign bank in connection with the Chapter 11 bankruptcy filing of an international diamond and jewelry company.
  • Represented lead banks in syndicated secured credit facilities in Chapter 11 cases in Pennsylvania and Delaware.
  • Represented the U.S. subsidiary of a foreign bank in connection with the Chapter 11 bankruptcy filing of a men’s clothing retailer operating 24 locations throughout the U.S.
  • Represented an indenture trustee for first priority senior secured notes and collateral agent first priority lien debt in an independent television company Chapter 11 case.
  • Represented a debtor-in-possession lender in a telecommunications company Chapter 11 case in New York.
  • Represented CMBS and RMBS servicers and special servicers in connection with secured claims in Chapter 11 cases across the U.S.
  • Represented the indenture trustee for the first mortgage bonds in a hotel and casino Chapter 11 case.
  • Represented an ad hoc committee of first mortgage bondholders in a large department store Chapter 11 case.
  • Represented numerous institutional lenders and national banks in bankruptcies, workouts, receiverships, and other enforcement actions regarding a variety of businesses, such as homebuilders, technology companies, service providers, retailers, and suppliers.
  • Represented a bond trustee in connection with workouts of charter school bonds for schools in Minnesota and New Jersey.
  • Represented a bond trustee in connection with workouts of senior living bonds for communities in Indiana.
  • Represented a bond trustee in connection with the Central Falls Detention Facility Corporation, a detention center located in Rhode Island, with respect to bond obligations in excess of $130 million.
  • Represented a master trustee and bond trustee in connection with Clare Oaks, a CCRC located in Illinois, with respect to bond obligations in excess of $84 million.
  • Represented a master trustee and bond trustee in connection with a distressed CCRC located in Missouri, with respect to bond obligations in excess of $50 million.
  • Represented the DIP lender in a $30 million financing of a Chapter 11 discount retail chain.
  • Represented the DIP lender in a $42.5 million department store chain Chapter 11 financing.
  • Represented the exit financing lenders in a $250 million refinancing of a men’s discount retail chain in its emergence from a Chapter 11 case.
  • Represented a major national lender in connection with DIP financing in a $200 million retail credit facility and a $100 million textile manufacturing facility in Delaware.
  • Represented the DIP lender in connection with a debtor-in-possession loan facility for an exploration and production debtor.
  • Represented the New York branch of a foreign bank in connection with a workout of an asset-based loan with an international luxury jewelry company.
  • Represented a national bank in workouts of commercial real estate loans across the U.S.
  • Advised a nonprofit hospital system and its board of directors in connection with an out-of-court restructuring and asset sale.
  • Advised a private real estate investment and development firm in connection with the purchase of distressed commercial real estate loans from a national bank.
  • Represented a lender in several successful workouts of vehicle floor plan loans with loan amounts ranging from $5 million to $25 million.
  • Negotiated the consensual return to the lessor client of six leased aircrafts from an insolvent charter service and documented the agreement in consent orders entered in a state court writ of possession action.
  • Achieved resolution through a consensual Chapter 11 plan of a shareholder dispute involving a corporation that services intermodal shipping containers.
  • Negotiated a discounted payoff agreement for a national bank with a secured claim exceeding $4 million, with provisions for immediate entry of pre-negotiated judgment upon default under the agreement
  • Represented a lender in a successful workout and § 363 sale for an asset-based line of credit of $12 million.
  • Represented an international government contractor in the modification and restructuring of a $200 million syndicated revolving-credit and term-loan facility.
  • Implemented intercreditor agreements among secured creditors and vital suppliers to a Georgia convenience store chain to avoid bankruptcy and enable pay-down of debt through gradual sale of excess assets.
  • Represented an agent with respect to 11 defaulted furniture, fixtures and equipment (FF&E), and real estate loans to a restaurateur, totaling more than $20 million. Representation included state court action, bankruptcy, foreclosure, and asset sales.
  • Represented a borrower group in connection with negotiations, bankruptcy, and a consensual restructure related to two loans totaling $44.5 million, which were secured by a hotel and a shopping mall.
  • Represented an agent with respect to the origination and workout of a construction loan for, and foreclosure and sale of, a branded whole- and fractional-ownership resort.
  • Effectuated on behalf of a resort property developer a multiproperty restructuring and extension of institutional mortgage indebtedness.
  • Documented forbearance arrangements that permitted the sale of a 1,700-acre plantation in South Georgia, along with cattle and related farming assets, while protecting certain other client assets.
  • Represented a restructuring firm in a junior participation involving a $100 million senior secured credit facility to a Canadian borrower.
  • Negotiated a $12 million debt restructuring between a large institutional lender and a privately held family entertainment company, which positioned the client for accelerated repayment and eventual full prepayment of debt.
  • Represented a major energy company in a $160 million project finance facility, financing two gas-fired cogeneration facilities located in New Jersey, the proceeds of which enabled the company to emerge from bankruptcy.
  • Represented a national lender in a workout involving a multifranchise motor vehicle dealer floor plan.
  • Effectuated on behalf of a resort property developer a multiproperty restructuring and extension of institutional mortgage indebtedness.
  • Documented forbearance arrangements that permitted the sale of a 1,700-acre plantation in South Georgia, along with cattle and related farming assets, while protecting certain other client assets.
  • Represented a restructuring firm in a junior participation involving a $100 million senior secured credit facility to a Canadian borrower.
  • Negotiated a $12 million debt restructuring between a large institutional lender and a privately held family entertainment company, which positioned the client for accelerated repayment and eventual full prepayment of debt.
  • Represented a major energy company in a $160 million project finance facility, financing two gas-fired cogeneration facilities located in New Jersey, the proceeds of which enabled the company to emerge from bankruptcy.
  • Represented a national lender in a workout involving a multifranchise motor vehicle dealer floor plan.
  • Represented a national lender in a workout involving a multifranchise motor vehicle dealer floor plan.
  • Represented a lender focused on the retail industry in a number of Chapter 11 cases that have resulted in § 363 sales and payment in full to the lender.
  • Represented a national commercial bank asset-based lender in an assignment for the benefit of creditors where the lender financed the assignee to allow it to liquidate the collateral and maximize the recovery for all parties involved in an orderly fashion.
  • Represented a national commercial bank in an operating Chapter 7 proceeding in which the lender extended an additional $2 million to the Chapter 7 trustee to allow for continued operations for a short time to complete production and fulfill sales orders, which resulted in a maximization of the value of the assets.
  • Represented CMBS special servicers in workout and collection matters.
  • Represented a CMBS special servicer in disputes regarding notes secured by an office building, hotel, and mall.

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