Last edited by Shaktigor
Friday, August 27, 2021 | History

1 edition of Secured lenders & lessors in workouts and bankruptcy reorganizations found in the catalog.

Secured lenders & lessors in workouts and bankruptcy reorganizations

Secured lenders & lessors in workouts and bankruptcy reorganizations

  • 206 Want to read
  • 21 Currently reading

Published by Law & Business in New York, N.Y .
Written in English

    Places:
  • United States.
    • Subjects:
    • Debtor and creditor -- United States.,
    • Bankruptcy -- United States.,
    • Security (Law) -- United States.,
    • Corporate reorganizations -- United States.

    • Edition Notes

      Includes bibliographical references.

      Statementco-chairmen, Harvey R. Miller, Michael L. Cook.
      ContributionsMiller, Harvey R., 1933-, Cook, Michael L., 1944-
      Classifications
      LC ClassificationsKF1501.Z9 S4
      The Physical Object
      Paginationv, 319 p. :
      Number of Pages319
      ID Numbers
      Open LibraryOL4143184M
      LC Control Number80121909

      In bankruptcy cases, I represent business debtors (both individuals and entities), secured and unsecured creditors, lessors, creditors’ committees, purchasers of assets, and trustees in Title: Member at Gullett, Sanford, .


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Secured lenders & lessors in workouts and bankruptcy reorganizations Download PDF EPUB FB2

It would permit secured parties to exercise their in rem rights to repossess their collateral, thus depriving bankruptcy estates of property necessary to effective reorganizations and defeating the overriding bankruptcy policy of encouraging reorganization.

See infra text accompanying notes Author: Margaret Howard. Bankruptcy Desk Reference for Equipment Lenders and Lessors. Download. This handbook is intended to provide an in-depth analysis of the numerous issues affecting an equipment lessor when dealing with a lessee after it has filed for bankruptcy protection.

However, in many cases, a lessor can set the stage for a successful restructuring and. Bankruptcy Desk Reference for Equipment Lenders and Lessors - ii - associated with filing a motion to lift the automatic stay as well as any and all costs associated with repossession of the equipment or the exercise of any other post-default remedies provided for in the lease or applicable law.

Lenders must take care in perfecting the lien at the inception of the transaction and protecting their rights during a subsequent loan workout. In navigating the bankruptcy process to maximize recovery on their loan or debt, unsecured creditors and lenders must consider Section preference rules and defenses when seeking payment from the.

Creditors Rights Bankruptcy. Attorneys in the Creditors Rights Bankruptcy Group are experienced Secured lenders & lessors in workouts and bankruptcy reorganizations book representing secured lenders, lessors, landlords, and debtors in bankruptcy proceedings. The Creditors Rights Bankruptcy Group is one of the firms highly prominent practice areas.

On behalf of our banking, financial, real estate. Spotts Fain is often engaged in negotiating and documenting out of court workouts and reorganizations, particularly for secured lenders.

We assist lenders in a detailed analysis of the debtor's business, the enforceability of loan documents, the existence and perfection of security interests, available remedies and the existence of any potential lender liability claims or other obligor defenses.

Bankruptcy What Secured Lenders Need to Know About Common Bankruptcies. Bankruptcy filings indicate a debtors lack of working capital and, justifiably so, strike concern into any lender still hanging on to a promise of payment from their debtor.

But, depending on the creditors agreement with the debtor and the creditors actions. He also represents lessors and secured creditors in workouts or bankruptcy reorganizations involving equipment leases and securitized portfolios. Steve has authored four books Secured lenders & lessors in workouts and bankruptcy reorganizations book UCC Article 2A (Leases), as well as the chapters on securitization in the Matthew Bender treatises Commercial Finance and Equipment Leasing.

Koll Center Pkwy, Pleasanton, CA master_ Most people have a loan thats secured by property, such as a mortgage or a car loan. These debts-called secured debts-can be tricky in Chapter 7 bankruptcy. Although the secured debt itself can be wiped out (discharged)-and often is-the creditor will still have.

Of those filings, approximately were Chapter 7 liquidations, were Chapter 13 wage-earner reorganizations, and the rest were either Chapter 11 reorganizations or Chapter 12 farmer reorganizations.

This manuscript will discuss the effect of bankruptcy on secured claims. clients includes handling note purchase agreements, term loans, revolving credit facilities, and letters of credit. He also represents lessors and secured creditors in workouts or bankruptcy reorganizations involving equipment leases and securitized portfolios.

Steve has authored four books on UCC Article 2A (Leases), as well as the chapters. The attorneys in Nutters Bankruptcy Litigation practice have a proven track record and are well positioned to represent clients in bankruptcy court in Chapter 11 bankruptcy reorganizations, Chapter 7 bankruptcy liquidations, and Chapter 13 bankruptcy proceedings.

We know how and when to take the appropriate actions and are dedicated to. Alans practice focuses on both international and domestic bankruptcy, business reorganizations and workouts involving complex collateral packages and multiple jurisdictions.

His clients include bondholders, lenders, servicers and other creditors in connection with bankruptcy and financial restructuring matters of all types. Description. Secured lenders face enormous risks when their borrowers are insolvent or file for most recent ruling in the ongoing TOUSA litigation dealt a blow to lenders' ability to get repaid by distressed borrowers with a key adverse ruling on a fraudulent transfer challenge.

As many of the leveraged buyout transactions in recent years head into bankruptcy, creditors have. Representing Clients in Chapter 11 Bankruptcy Reorganizations, Workouts and Debtor-Creditor Disputes our Connecticut Lawyers have decades of experience representing secured creditors, unsecured creditors, lessors, lessees, parties to adversary proceedings (including preferences, fraudulent transfers and claims against officers and directors.

Padnos' bankruptcy practice has involved the representation of debtors, secured and unsecured creditors, creditors' committees, trustees, lessors, and purchasers of assets in workouts and bankruptcy restructurings throughout the country.

Our lawyers regularly represent secured and unsecured creditors, creditors committees, debtors-in-possession, lessors, suppliers, equity holders, purchasers, trustees, receivers, custodians, and other parties in interest in cases under the Bankruptcy Code and applicable state statutes.

Look at market fluctuations as your friend rather than your enemy; profit from folly rather than participate in it. Warren Buffet. Johnston Clem Gifford routinely represents secured lenders, commercial landlords, distressed debt buyers, and other real estate market participants in complex restructurings, out-of-court workouts, foreclosures, receiverships, replevins, and bankruptcy.

Eric has represented each of the significant constituencies in workouts, insolvency matters and bankruptcies including secured creditors, lenders, hedge funds, corporate debtors, creditor committees, institutional investors, trustees, receivers, landlords and lessors, buyers and sellers of assets and claims from distressed entities, investment.

property dressed up as a lease, or a secured lending transaction. Bankruptcy courts are not bound to treat a transaction as a lease just because it says it is one. JOURNAL Issues and Information for the Insolvency Professional The American Bankruptcy Institute 44 Canal Center Plaza, SuiteAlexandria, VA He joined the firm in Stephens practice focuses on representing secured and unsecured creditors, equipment lenders and lessors and other parties in interest in workouts and restructurings and bankruptcy and insolvency matters, both in and outside of court.

proceedings. He has substantial experience in multi-lender debtor-in-possession financings, post-confirmation financing, cash collateral financings, secured transactions, debt restructurings, corporate reorganizations and workouts, acquiring businesses and assets out of bankruptcy, negotiating, structuring and drafting corporate.

This takes aircraft out of the automatic stay, see 11 U. §and entitles secured lenders and financing lessors to repossess their collateral. There are only two exceptions. Section (b), which we have mentioned, says that the creditor or lessor may agree.

He represents debtors, trustees, creditors, lessors,secured lenders and shareholders in commercial and consumer bankruptcies. He is experienced in various bankruptcy-related litigation and has signicant experience litigating preferential and fraudulent conveyance lawsuits, dischargeability and discharge lawsuits and lawsuits relating to the.

Jeffrey M. Carbino has more than 26 years of bankruptcy and corporate reorganization experience. He has represented debtors, landlords, creditors committees, utility companies, equipment lessors, directors and officers, and other secured and unsecured creditors in national Chapter 11 bankruptcy proceedings and restructurings outside bankruptcy.

Part of the airlines' difficulties comes from a special provision of the bankruptcy code that protects secured lenders and lessors to airlines, said Lynn M.

LoPucki, a law professor at the. Gregory Schwed. Greg Schwed concentrates his practice on bankruptcy, creditors rights, and related litigation. His clients are typically institutional lenders and creditors in reorganizations, liquidations, insolvency planning, preference defense cases, bankruptcy asset sales and loan workouts.

Representations have included: Defrauded. Cole Schotz P. has secured on behalf of client True Religion Apparel Inc. approval of its reorganization plan in U. Bankruptcy Court for the District of Delaware. The retailer filed for Chapter 11 in April as a result of the COVID pandemic and has received approval for its reorganization plan from U.

Bankruptcy Judge Christopher Sontchi. This resource-intensive guide provides the business professional, including the troubled company executive, credit manager, workout professional and investor in distressed debt or equity, with a guided tour through the intricacies of the bankruptcy process in a concise and readily understood.

David Golin focuses on commercial bankruptcy and insolvency matters, workouts, Chapter 11 reorganizations, Chapter 7 liquidations, and assignments for the benefit of creditors. He has substantial experience representing secured lenders, landlords, equipment lessors, and other creditors in defending and pursuing their claims against debtors.

Impact of Bankruptcy on a Real Estate Lease. A bankruptcy filing by either a lessor or a lessee has the potential of severely disrupting the rights and obligations of the parties under that lease.

This observation is neither surprising nor shocking, but bankruptcy's impact on a commercial lease relationship can be disconcerting and potentially. We help clients navigate the most contentious and complicated liquidations, reorganizations, and workouts.

We represent parties affected by the bankruptcies of other entities to maximize asset recovery, prosecute existing claims, restructure financings, and realize purchase opportunities arising from Chapter 7 and 11 bankruptcies. creditor-debtor rights, workouts, restructurings, reorganizations, corporate bankruptcy, bankruptcy-related litigation, corporate insolvencies and commercial foreclosures.

Sleeper has represented each of the significant constituencies in workouts, insolvency matters and bankruptcies including secured creditors, lenders.

JORDAN A. KROOP is a partner in the Reorganization and Restructuring Group of Squire, Sanders Dempsey L. P in Phoenix. He represents corporate debtors, official committees, and significant creditors including secured lenders, commercial lessors, and financial institutions, in some of the largest Chapter 11 cases in the nation.

Linda Whitlow Knight practices in the areas of bankruptcy and commercial law, litigation and general business counseling. Her experience includes corporate reorganizations, avoidance actions and other adversary litigation and contested matters, receivership proceedings in state and federal court, and the purchase and sale of assets in and out of bankruptcy.

In bankruptcy cases, she represents. The Bankruptcy Creditors Rights Practice Team seeks to hire an Associate with experience handling commercial bankruptcy and creditors rights matters on behalf of secured lenders, lessors and significant trade creditors, including, bankruptcies, debt sales and restructurings, and workouts.

Myles Alderman has published works on the subject including the Bankruptcy Law Chapter of the Connecticut Lawyers Deskbook (CBA, ) and the best selling business bankruptcy law book Chapter 11 Business Reorganizations: For Business Leaders, Accountants And Lawyers (Outskirtspress, ).

His explanations of the bankruptcy process have. In between, they discuss each chapter of the bankruptcy code; discussing the gamut from liquidations through Chapter 11 sales and full-blown reorganizations. The authors ability to distill the bankruptcy codes complex language into comprehensible and manageable blocks of information makes the book extremely readable.

Our lawyers frequently represent investors, lenders, creditors or equity holders in bankruptcy cases, out-of-court restructuring transactions or workouts. Fulton, (Jan. 14, ); counsel to prevailing secured lender and reorganized debtor in In re Patriot National, Inc.WL (D.

Del. Sept. 30, ) (affirmed bankruptcy courts confirmation of reorganization plan on jurisdictional and good faith grounds); counsel to prevailing law firm in In re Renaissance Radio, Inc.

G:\CLE\Books\Books\C&B\_WBA collect_ed2 supp2\finals\ 9/11/07 About the Authors Rebecca R. DeMarb is a partner with DeMarb Brophy LLC, Madison, Wisconsin.

She represents businesses and other interested parties in the sale of business assets, state court receiverships, and out-of-court business reorganizations.Richard Tilton, P.C.

Mar - Mar years 1 month. Greater New York City Area. Private practice of law representing debtors and secured creditors in chapter 11 reorganizations. Litigation on Title: Retired.T+ Add to contacts. New York.

Avenue of the Americas. New York, NY USA. Profile. Experience. Adam J. Goldberg advises creditors, secured creditors, acquirers, financing sources, and companies in all facets of the restructuring and reorganization process, with a particular focus on complex cross-border matters.