Assist financial institution clients on loan servicing matters in an order to avoid lender liability while maximizing potential recovery in avoiding loan defaults through loan workouts and forbearance agreements.
Represent financial institutions and other creditors in the enforcement of debt instruments, mortgages, receivership actions, issues arising under the Uniform Commercial Code, commercial collections, preference/fraudulent conveyance actions, and assignments for the benefit of creditors.
Assist clients in complex business bankruptcy matters, such as developing plans of reorganization and advising on strategies to maximize recoveries for clients at all stages of the bankruptcy process
FBT lawyers represent debtors, secured and unsecured creditors, creditors’ committees, court appointed receivers, trustees and other parties of interest in insolvency and bankruptcy proceedings, cramdowns, receiverships, foreclosures, deeds in lieu of foreclosures, complex foreclosures, restructurings and out-of-court workouts.
Represent purchasers of entire businesses or business segments both in and out of chapter 11.
Counsel real estate equity funds in matters involving distressed real estate.
Represent landlords in commercial tenant bankruptcies.
Counsel both sellers and prospective purchasers in the acquisition, sale and development of distressed real estate.
Litigate lien avoidance claims on behalf of lenders and title companies.
Represent financial institution clients in defense of complex lender liability litigation.
Assist in SIPC liquidation of securities firm
Specific Examples
Represent secured creditors throughout the U. S. in workouts of defaulted lifestyle center, mall and retail strip center loans.
Represent secured creditors in receivership and commercial foreclosure proceedings and in resultant lender liability counterclaims.
Represent shopping center landlords in retail bankruptcy cases throughout the United States including Movie Gallery/Hollywood Video, Winn-Dixie, Kmart, Musicland, KB Toys, Friedman’s Jewelers, Eddie Bauer, Footstar, Athlete’s Foot, Chi Chi’s, Don Pablos, Frank’s Nursery & Crafts, Garden Ridge and Leatherland.
Chapter 11 debtor experience specifically includes representation of Horizon Natural Resources Company, AEI Resources Company, Jillian’s Entertainment Holdings, Inc., SAI Holdings, Limited, HealthEssentials Solutions, Inc., Lightyear Communications, Inc., OneStar Long Distance, Inc., Kentucky Electric Steel, Inc., The Kruse Hardware Company, QDS Components, Inc., Bell Furniture Company, Polycel Structural Foam, Inc., Horizon Natural Resources Company, Lightyear Holdings, Inc., Och Industries, Inc., The Kruse Company and Kentucky Electric Steel, Inc.
Chapter 15 debtor experience specifically includes representation of Daymonex Limited in the first chapter 15 case filed in the Southern District of Indiana, and ROL Manufacturing of America and its affiliates in the first chapter 15 cases filed in the Southern District of Ohio.
Served on official committee of unsecured creditors appointed in the EaglePicher Holdings, Inc., Blackhawk Automotive Plastics, Inc., Organized Living, Inc., Samaritan Hospital, RMA Management Services, Inc., Buehler Foods, Inc., 5B’s, Cook & Sons Coal Company, Ciao Cucina Restaurants and Apollo Steel Company chapter 11 cases and the unofficial committee of landlords in the Sam & Libby Shoes and Track ‘n Trail restructurings.
Represented the debtor-in-possession lenders in the J. Peterman & Company, Brendamors Sporting Goods, Rehab Designs of America, Hydraulic Technologies, Inc. and Hamilton Foundry chapter 11 cases and secured noteholders in the Consolidated Energy and The Wornick Company chapter 11 cases.
Counseled prospective bidders in such cases as LTV Steel and Bethlehem Steel.