Financial Services: Restructuring

Our nationwide team brings together experienced attorneys with meaningful experience in assisting financial institutions and other secured creditors in restructuring and insolvency matters.

Advised in the litigation and resolution of $135 million CMBS facility secured by an iconic portfolio of commercial office buildings, including attempts to pursue a personal guarantor through so-called “bad boy” provisions in loan documents.
Represented a registered investment advisor with more than $1 billion in assets under management in connection with the sale of substantially all its assets and related chapter 11 restructuring.
Assisted a regional bank in resolving more than $12 million in defaulted commercial loans through complex individual chapter 11 proceedings. We defended the bank’s lien positions and claims and, through negotiation of favorable plan and cash collateral treatment and the prosecution of related-party state court foreclosure proceedings in two states, were able to achieve nearly a 100 percent recovery for the bank.
Represented a major national bank in minimizing and recouping losses arising out of a failed processor and servicer of prepaid bank-card products. Faced with a potential exposure in the tens of millions of dollars, we negotiated, through the servicer’s bankruptcy, a global resolution that recouped millions of dollars in potential losses and permitted the bank to transition and run off millions of outstanding prepaid bank card products with no disruption of consumer service.
Secured a unanimous ruling from the Ohio Supreme Court on behalf of a bank, defeating guarantors’ attempt to bar enforcement of guarantees based on an alleged oral forbearance agreement; the court held such oral agreements are invalid.
Represented a major regional bank with the resolution of distressed loans to a residential real estate developer. Tenaciously pursued the owner-guarantor, who had engaged in asset protection planning in Florida, resulting in a resolution on terms favorable to the bank.
Assisted with the resolution of distressed loan facilities to distressed middle-market oil producers and oilfield services companies operating in Ohio, Texas, Oklahoma, Colorado, and other states.
Represented multiple foreign banks and investment banks in connection with unwinding numerous derivatives and complex financial instruments in the Lehman Brothers bankruptcy and related SIPA proceeding.
Assisted nationally rated special servicers with the disposition of more than $10 million in distressed hospitality loans throughout Ohio; managed receivership processes and used creative approaches to liquidate the assets to maximize recovery for investors.