Creditors' Rights
Represented a participant in two defaulted loan facilities totaling over $4 billion with American Insurance Group, an affiliate of AIG.
Represented a national bank with nine separate project loans totaling over $200 million to AIG Baker Development, a major regional developer. The matter involved extended litigation and three separate chapter 11 filings and resulted in the sale, payment or foreclosure of each credit.
Represented a national bank that issued a letter of credit to support the Nashville Symphony’s obligations with respect to $102 million in bonds. The proceeds of the bonds were used to construct the Schermerhorn Symphony Center in Nashville, Tennessee. After the Symphony defaulted on its obligation to reimburse the bank for amounts drawn under the letter of credit. the bank initiated foreclosure of the Schermerhorn Symphony Center, and the Symphony prepared to file bankruptcy to prevent the foreclosure. After substantial negotiations, a settlement was reached and bankruptcy was avoided.
Represented a national, publicly-traded health care firm in a fraudulent transfer action brought by the holder of a $376 million consent judgment against the firm’s former subsidiary.
Represented a national, publicly-traded heath care company in the collection of a $2.9 billion judgment against its former CEO.
Represented a collateral agent for several lenders in the out-of-court restructuring of the lenders’ numerous commercial and real estate loans to a developer, which totaled over $250 million. The representation involved the management and liquidation of an extended commercial real estate portfolio with properties in Alabama and Florida.
Represented an investor that acquired the debt of Wall Street Deli, a publicly traded restaurant chain, and, after extended litigation, successfully obtained stay relief to take control of the debtor’s stores as a going concern.
Represented the secured lender of Orix Manufacturing, an automotive supplier, in Orix’s chapter 11 bankruptcy case. Secured lender recovered 100% of its claim after cash collateral and stay litigation and a sale of Orix’s assets under section 363 of the Bankruptcy Code.
Represented a national bank in $50 million loan workout secured by medical office building.
Represented a national medical software company in various restructuring, bankruptcy, and collection matters involving distressed community hospital clients.
Represented a publicly-traded ambulatory surgical services company in the chapter 11 bankruptcy of a medical equipment services company filed in Texas.
Represented a national bank in the out-of-court workout of a $10 million letter of credit facility with a distressed rural hospital, resulting in a full release of the letter of credit without any loss to the bank.
Represented the indenture trustee for bonds issued for the benefit of an Alabama skilled nursing facility. Successfully obtained the appointment of a receiver and obtained expedited approval of a state court receivership sale of the facility
Represented a national bank in avoidance litigation brought by the bankruptcy trustee of a bank holding company seeking to claw back $324 million in assets acquired from the FDIC as the receiver.
Represented a national bank in a chapter 11 case involving hotel properties in Alabama, obtaining an agreed cash collateral order and ultimately obtaining a stipulated dismissal of the bankruptcy case and payment in full of the debt.
Represented a creditor that filed and obtained confirmation of a chapter 11 creditor’s plan in a bankruptcy case in Alabama, pursuant to which the creditor acquired (over the debtor’s objection) all of the debtor’s commercial real estate holdings in the Birmingham metropolitan area valued at over $20 million.
Represented participating secured creditors with aggregate claims of approximately $260 million in a chapter 11 bankruptcy case of a national coal mining company that resulted in a favorable plan of reorganization.
Represented a lender in restructuring $90 million construction loan and related liability under interest rate swap.
Represented a national bank in a Tennessee state court receivership proceeding involving a mixed use, commercial / residential / retail development project with over $40 million in outstanding project financing, including new value tax credit financing and conventional commercial loans.
Represented the primary secured creditor in a chapter 11 case in the Northern District of Texas, which involved a roofing company operating in 25 states.
Represented a lender with respect to two apartment complexes in Alabama with common ownership, successfully contesting confirmation of the debtors’ plans in their respective chapter 11 bankruptcy cases, obtaining relief from stay to foreclose, foreclosing on the properties, and pursuing deficiency judgments against the owner/guarantor in federal court.
Represented a lender to an 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 a national bank in the workout of a multi-million dollar credit facility to a publicly-traded aviation company, resulting in full payment to the lender of all outstanding debt plus restructuring fees.
Represented a secured lender in the chapter 11 bankruptcy of one of the nation's oldest and largest residential home builders in Florida bankruptcy court.
Represented the lead secured lender in negotiating and closing a complex, going concern sale of a distressed retailer’s franchise operations to a third party buyer pursuant to a UCC sale.
Represented and led a bank group in connection with a coordinated UCC sales of substantially all assets of a construction services business on a going concern basis to a third party buyer.
Represented a national bank in the workout of a multi-million dollar loan to a publicly-traded sign manufacturer. Negotiated going concern sales of several borrower subsidiaries and advised regarding the orderly liquidation of other borrower assets.
Represented a national bank in connection with the workout of $25 million loan to a Gulf Coast real estate developer and successfully negotiated the sale of all bank debt, resulting in ar full recovery for the lender.
Represented over 25 landlord claimants and preference defendants in settling objections and actions in a national retailer’s chapter 11 bankruptcy case.
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.
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.
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 relationships.