With more than 30 years of experience in creditors’ rights, workouts, litigation, and bankruptcy, Gary Eisenberg has successfully represented clients in a range of industries, with a particular emphasis on Commercial Mortgage Backed Securities (CMBS) special servicers, collateralized debt obligation (CDO) holders, and other financial institutions. He focuses on dealing with industries facing distress including hospitality, real estate, and financially-leveraged businesses.
Gary frequently handles complex, bet-the-company litigation with arcane financial underpinnings. He has achieved numerous favorable outcomes, including eight-figure judgments, settlements and dismissals on summary judgment, that have preserved his clients’ companies and reputations. Among his more dramatic and notable cases was the representation of an indenture trustee in an aircraft financing that resulted in the repossession of a 747-transport plane off a military base.
In addition to CMBS special servicers, for whom Gary has helped in formulating servicing agreements and exercising rights and remedies, he represents secured creditors, bondholders, hedge funds, and distressed asset buyers in large and complex cases. He routinely advises on the debtor-creditor aspects of corporate transactions, including structured finance transactions.
Gary assists clients in multiple-jurisdiction matters, including representing secured lenders in foreclosure and other security interest litigation, and in non-judicial sales. Representing creditors in multiple bankruptcy jurisdictions, he has litigated cash collateral orders, stay relief motions, and procured confirmation of lender-proposed plans of reorganization.
An innovative advocate for his clients, Gary has represented owners of leveraged companies and affiliated lenders in restructuring troubled businesses through the use of Article 9 of the Uniform Commercial Code and similar laws. He also advises entrepreneurial finance companies in developing and enforcing novel secured-credit products, including credit secured by intellectual property.
Gary chairs the firm’s CMBS practice and the New York office’s Community Service Committee.