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Specialty Teams

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Workout Team
Our real estate attorneys have experience helping clients finance all types of projects, as well as in helping clients work out distressed projects and enforce lender remedies. Our experience in creditors’ rights, secured transactions, restructuring and workouts includes secured creditor representation in connection with income-producing properties; enforcement of mortgage liens through foreclosure, powers of sale, and deeds in lieu of foreclosure; secured creditor representation of asset-based and commercial lenders; related commercial leasing; debtor in possession (“DIP”) financing; utility reorganizations; and preference and fraudulent conveyance defense. We are supported by over 30 full-time bankruptcy and creditor’s rights attorneys working within all of our offices.

We represent numerous parties in workouts and restructurings, including equity holders, financial institutions, equity funds (including those formed to capitalize on a distressed economic environment), corporate creditors, creditors’ committees, bondholders’ committees, receivers and insurance companies.

Recent representative transactions:

  • Banks and other commercial lenders in connection with pre-bankruptcy loan restructurings and business reorganizations.

  • Receivers in pre- and post-foreclosure proceedings, including management, operation and liquidation of real property and other foreclosed upon collateral.

  • National and regional landlords and tenants in connection with a broad array of issues relating to commercial bankruptcies and workout transactions.

  • Banks and other commercial lenders in connection with foreclosures, forbearance agreements and strategies relating to creditor’s rights litigation and enforcement.

  • Commercial equipment lenders and lessors in substantial business reorganization cases across the United States.

  • A major financial institution in connection with the formation and initial operation of its DIP financing unit and subsequent representation thereof nationwide in both its pre- and post-confirmation financings.

  • Other banks and other commercial lenders with respect to DIP loans in connection with various bankruptcies throughout the country.

  • Purchasers of nonperforming loan portfolios in their portfolio purchases and in various workout and related collection matters.

  • Financial institutions in loan portfolio sales and related loan due diligence matters.

  • Banks in connection with the ownership and sale of REO properties.

For more information on how our Workout Team can assist with your real estate needs, please contact Diane M. Haller at (602) 229-5625 or .