Experience

Counsel to Major National Banking Association in Defense of Lender Liability Suit

Represented a major bank in connection with defaults by its borrower, a public company that manufactured and distributed generic drugs. After six or more forbearance agreements, the bank was paid in full, but the former borrower later brought a lender liability action against the bank. Motion to dismiss was successfully affirmed following presentation to the Second Circuit Court of Appeals.

Counsel to Importer of Gourmet Italian Food Products in Post-Chapter 11 Proceedings

Engaged by a distributor of Italian food products following the confirmation of its plan of reorganization and disputes arose with the Creditors’ Trust, and with the secured lender.  Strategic plan resulted in having the trustee replaced and defeating the community bank’s efforts to force a default that would have resulted in a foreclosure action. The bank’s second lien position was refinanced and its senior mortgage loan on the client’s real estate is performing in accordance with its terms.

Representation of Financially Distressed Gold Coast Not-For-Profit Private School

Called upon to strategize and facilitate a plan to save a 100+ year private boarding school. The school was losing students and was at risk of running out of funds to enable it to compete the school year. After extended negotiations with an intended purchaser who was an operator of “for profit” private schools, achieved a settlement whereby the purchaser made a loan of the entire purchase price together with an option to purchase after certain conditions were attained.

Created Outside-the-Box Lending Solution for Asset-Based Lender

Lender was asked to make a loan to remediate an environmentally contaminated site to enable the owner to sell the land to a developer who refused to purchase until the land had been cleaned. On behalf of the lender, strategized a loan, secured by the owner’s neighboring land which fully secured the loan to be made for the remediation. The loan funded the removal of the contamination, allowing the sale to go forward. The developer proceeded with the project and today, a multi-purpose community stands with residential, commercial and entertainment tenants connected by a bridge over the interstate.

Counsel to Lender in Sale of Debtor Collateral, Repayment of Loan

Represented the lender in providing a debtor-in-possession loan with appropriate protections for the lender after borrower filed for protection under Chapter 11. When a liquidation became necessary, the debtor-borrower brought a motion to sell its assets under Section 363 of the Bankruptcy Code.  Research on the judge disclosed an aversion to sub rosa plans (a sale of substantially all of a debtor’s assets without an approved plan of reorganization) and brought a prophylactic motion for stay relief. Provided proper notice for a private secured party sale pursuant to Article 9 of the Uniform Commercial Code. When the judge denied the motion to sell and granted the motion for stay relief instead, the parties proceeded immediately to close the Article 9 sale, resulting in full payment of the bank’s loan.

Contact Us
  • Worldwide
  • Boston, MA
  • Chicago, IL
  • Denver, CO
  • Dublin, Ireland
  • Edwardsville, IL
  • Jefferson City, MO
  • Kansas City, MO
  • Las Vegas, NV
  • London, England
  • Miami, FL
  • New York, NY
  • Orange County, CA
  • Philadelphia, PA
  • Princeton, NJ
  • Salt Lake City, UT
  • St. Louis, MO
  • Washington, D.C.
  • Wilmington, DE
Worldwide
abstract image of world map
Boston, MA
800 Boylston St.
30th Floor
Boston, MA 02199
Google Maps
Boston, Massachusetts
Chicago, IL
100 North Riverside Plaza
Suite 1500
Chicago, IL 60606-1520
Google Maps
Chicago, Illinois
Denver, CO
4643 S. Ulster St.
Suite 800
Denver, CO 80237
Google Maps
Denver, Colorado
Dublin, Ireland
Fitzwilliam Hall, Fitzwilliam Place
Dublin 2, Ireland
Google Maps
Edwardsville, IL
115 N. Second St.
Edwardsville, IL 62025
Google Maps
Edwardsville, Illinois
Jefferson City, MO
101 E. High St.
First Floor
Jefferson City, MO 65101
Google Maps
Jefferson City, Missouri
Kansas City, MO
2345 Grand Blvd.
Suite 1500
Kansas City, MO 64108
Google Maps
Kansas City, Missouri
Las Vegas, NV
7160 Rafael Rivera Way
Suite 320
Las Vegas, NV 89113
Google Maps
Las Vegas, Nevada
London, England
Royal College of Surgeons of England
38-43 Lincoln’s Inn Fields
London, WC2A 3PE
Google Maps
Miami, FL
355 Alhambra Circle
Suite 1200
Coral Gables, FL 33134
Google Maps
Photo of Miami, Florida
New York, NY
7 Times Square, 44th Floor
New York, NY 10036
Google Maps
New York City skyline
Orange County, CA
19800 MacArthur Boulevard
Suite 300
Irvine, CA 92612
Google Maps
Philadelphia, PA
2005 Market Street
29th Floor, One Commerce Square
Philadelphia, PA 19103
Google Maps
Philadelphia, Pennsylvania
Princeton, NJ
100 Overlook Center
Second Floor
Princeton, NJ 08540
Google Maps
Princeton, New Jersey
Salt Lake City, UT
222 South Main St.
Suite 1830
Salt Lake City, UT 84101
Google Maps
Salt Lake City, Utah
St. Louis, MO
7700 Forsyth Blvd.
Suite 1800
St. Louis, MO 63105
Google Maps
St. Louis, Missouri
Washington, D.C.
1717 Pennsylvania Avenue NW
Suite 400
Washington, DC 20006
Google Maps
Photo of Washington, D.C. with the Capitol in the foreground and Washington Monument in the background.
Wilmington, DE
1007 North Market Street
Wilmington, DE 19801
Google Maps
Wilmington, Delaware