Bankruptcy, Restructuring and Creditor’s Rights
Attorneys in Reiferson Dee PLC’s Bankruptcy, Restructuring and Creditor’s Rights practice group (“BRC Group”) have represented clients at every level of the capital structure, both in court and in out-of-court restructuring transactions, with extensive experience in transactional insolvency matters and particularly broad market sector knowledge in structured finance, securitization and commercial real estate.
Our BRC Group is frequently sought out by national institutional lenders and their counsel to present, lecture and consult on transactional bankruptcy issues, including SPE structuring considerations and non-consolidation opinions.
Through decades of experience in loan origination for commercial mortgage-backed securities (“CMBS”) securitization platforms and advising commercial mortgage lenders on capital markets execution, our BRC Group has cultivated an in-depth understanding of securitization, structured finance arrangements, B-piece buyer concerns, and the criteria, methodology and guidance of the national statistical rating agencies necessary to issue and review non-consolidation opinions, as demonstrated by:
- Representing the leading issuer of agency-guaranteed structured multifamily securities for over twelve years in connection with the review, negotiation and ultimate approval of non-consolidation opinions and related loan-level diligence
- Represented a national statistical rating agency in connection with review of non-consolidation opinions delivered in connection with CMBS loans.
Attorneys in our BRC Group also have a diverse range of experience developing creative and effective strategies to address the highly complex issues that arise in connection with reorganizations, restructurings, workouts, liquidations, and distressed asset acquisitions and sales, including:
- Counseling secured and unsecured lenders to companies in various states of financial distress inside and outside of court proceedings (including bankruptcy, state and federal receiverships and assignments for the benefit of creditors)
- Counseling acquirers of distressed assets inside and outside of court proceedings
- Counseling secured and unsecured holders of funded debt at various layers in a borrower’s capital structure
- Counseling holders of ownership interests
- Representing debtors in and out of court
- Protecting the interests of senior lenders
- Asset sales and acquisitions, whether through a 363 sale, under a plan or out-of-court
- Cram-down issues
- Proceedings related to the assumption and rejection of unexpired leases and executory contracts
- Litigation of avoidance actions
- Debtor-in-possession financing
- Valuation proceedings; and
- Automatic stay litigation