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Experience
Successful CMBS Sale Authorization
Obtained authorization for sale of CMBS over the objection of fund counsel, enabling eight-figure outcome for client.
Summary Judgment Ends Major Threat to Financial Institution
Represented major financial institution in defeating effort by international investment bank to “crack” CDO and attempt to orchestrate financial default of client. Prevailed on summary judgment.
CMBS Foreclosures and Enforcements
Represented CMBS special servicers, private lenders and financial institutions in foreclosure and related enforcement of over $1 billion of defaulted financial instruments (including hotels, healthcare facilities, and a 747 off of a military base).
PE Fund Gains Major Proceeds of Asset Sale
Orchestrated successfully, on behalf of a private equity fund, the structured dismissal of a bankruptcy case and distribution to our client of major portion of the proceeds of asset sales.
Trustee Litigation Resolved in Eight-Figure Settlement
Represented liquidating trustee in pursuit of litigation against junior lienors for improper control of financially troubled company; successfully negotiated eight-figure settlement.
Article 9 Sale Helps to Launch New Business
Orchestrated Article 9 sale of assets by secured creditor/equity holder of media production company and acquisition of senior debt to effectuate launch of new business with clean balance sheet.
Enforcement of Perfected Lien Through Conversion to DIP Loan
Represented prepetition lender secured by lien on business assets in converting loan into DIP loan in bankruptcy with provisions compelling payback of DIP loan in full upon sale of assets, without holdback rights for debtor contemplating lender liability counterclaims, provisions the bankruptcy court enforced.
Judgment on “Bad Actor” Guaranty
After obtaining title to property in contested foreclosure, obtained entry of what is reputed to be the largest ever deficiency judgment in that jurisdiction arising out of “bad actor” guaranty, by proving that leases made without lender consent post-foreclosure commencement constituted unauthorized transfers triggering full recourse liability.
