We regularly represent secured lenders in bankruptcy cases, state law insolvency proceedings, and non-bankruptcy restructurings and workouts. We have also successfully defended secured lenders in litigation brought by debtors, trustees, and committees, including claims for equitable subordination, recharacterization, deepening insolvency, breach of duty, and other lender liability theories, as well as efforts to challenge liens or prepetition payments.
We have also represented debtor-in-possession lenders in structuring, documenting and obtaining court approval of their loans.
We represent both senior as well as subordinated secured lenders. We have particular experience with issues concerning second lien, tranche B, and mezzanine financing, and we advise both senior and junior lenders on intercreditor issues, restructurings, rights in bankruptcy, and related issues.
Click here to see a representative list of our experience with secured lenders.