Finance, Banking, Creditors' Rights and Insolvency

Finance, Banking, Creditors' Rights and Insolvency Capabilities

Finance (both bilateral and syndicated)

  • Acquisition, development, and construction mortgage lending (multifamily, hospitality and resort, office, retail, mixed-use, industrial warehouse, mini-storage, assisted living, medical office, hospital and other health care, subdivision and condominium development, and builders’ lines of credit, including fee, ground leased, condominiumized, cooperative, and TIC properties) 
  • Aircraft finance
  • Alternative energy (solar and wind projects) financing 
  • Asset based lending
  • Automobile dealer floor plan lines of credit
  • Corporate acquisition financing
  • Cross-border and multi-jurisdictional international financing transactions, including those governed by New York law
  • Debt offerings and issuance
  • Debtor in possession financing
  • Dividend recapitalization financing
  • Equipment financing and leasing
  • Franchise financing
  • Fund finance including net asset value lines of credit, subscription lines of credit and hybrid structures
  • Governmental program financing, including SBA 7(a), SBA 504, PPP, and Main Street Lending Program
  • HMO and insurance company financing
  • Insurance premium financing
  • Intercreditor agreements
  • ISDA swap documentation
  • Letters of credit
  • Leveraged and structured finance
  • Mezzanine financing
  • Mortgage warehouse lending
  • Municipal bond and other public financing, including IDBs and IRBs
  • Real estate financing
  • Shared appreciation and profit participation mortgages
  • Ships mortgage financing
  • Sports facilities and professional sports teams financing
  • Subordinated debt financing
  • Term loan mortgage lending (multifamily, hospitality and resort, office, retail, mixed-use, industrial warehouse, mini-storage, and assisted living, medical office, hospital and other health care, including fee, ground leased, condominiumized, cooperative, and TIC properties)

Banking

  • 34 Act compliance for SEC-registered and exchange-listed companies
  • Critical vendor contract review and negotiation
  • Defense of shareholder class actions in banking mergers
  • Enforcement action and regulatory examination representation
  • Executive eompensation
  • “Expansion of Activities” representation for insured depository institutions and affiliated entities 
  • Merger & acquisition representation, including acting as counsel with respect to:
    • Guidance on transaction structure
    • Definitive agreement negotiation
  • Public and private capital formation and offerings, including both debt and equity
  • Regulatory compliance and oversight counsel, with expertise in dealing with:
    • The Board of Governors of the Federal Reserve
    • The Office of the Comptroller of the Currency
    • The Federal Deposit Insurance Corporation
    • Various State Banking Authorities
  • Representation of organizers with respect to the chartering and formation of commercial banks, registered bank holding companies, and non-depository trust companies
  • Strategic planning representation
  • Trust and fiduciary compliance

Creditor’s Rights

  • Distressed asset dispositions, including pooled/packaged and individual loan sales, and collateral disposition
  • Lender liability defense
  • Loan enforcement litigation including foreclosure, deficiency judgments, and enforcement of guaranties
  • Loan restructures, workouts, and forbearance arrangements for troubled or defaulted loans
  • Post-foreclosure REO representation involving community associations, possession, title, and code enforcement issues
  • Post-judgment enforcement and collection proceedings, including garnishments and fraudulent transfer claims
  • Representation of secured creditors in assignment for benefit of creditors proceedings
  • UCC Article 9 collateral sales and disposition

Insolvency

  • Asset acquisitions/M&A transactions
  • Assignments for the benefit of creditors
  • Avoidance litigation
  • Bankruptcy appeals
  • Bankruptcy or workout planning
  • Chapter 11 filings
  • Chapter 7 liquidations
  • Claims litigation
  • Collective bargaining and retiree obligations
  • Contested confirmation hearings
  • Contract assumption or rejection
  • Cross-border insolvencies, including Chapter 15:
    • Foreign companies regarding U.S. insolvency issues
    • U.S. companies regarding foreign insolvency proceedings
  • Defense of preference and fraudulent transfer claims 
  • Discharge litigation
  • Equitable subordination claims
  • Fiduciary duties of officers and directors
  • First-day motions
  • Forensic analysis
  • Fraudulent transfer litigation 
  • Intellectual property rights in bankruptcy
  • Intellectual property rights in bankruptcy
  • Labor and employment rights for insolvent companies
  • Lender liability claims
  • Lender liability defense 
  • Loan enforcement litigation, including foreclosure, deficiency judgments, and enforcement of guaranties
  • National Chapter 11 practice (including Delaware, New York, and Texas)
  • Non-bankruptcy workouts and forbearance agreements
  • Objections to discharge and dischargeability in personal bankruptcy cases
  • Official creditors’ committee representation
  • Post-judgment enforcement and collection proceedings
  • Post-petition financing
  • Preference defense
  • Receiverships
  • Relief from stay
  • Section 363 sales
  • Secured lender rights and remedies 
  • Tax issues arising from distressed companies
  • UCC Article 9 collateral sales and disposition
  • Unsecured creditors’ rights and remedies
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