Brian concentrates his practice on restructuring and insolvency, including representing a broad range of parties in complex restructuring, bankruptcy and workout matters. He represents senior secured lenders and other creditors, companies (including debtors in possession), shareholders, investors, sellers and purchasers in restructurings, both in and out of court. These representations have involved federal district and bankruptcy court proceedings and appeals across the country. Brian’s experience includes a range of debtor-in-possession bankruptcy financing and cash collateral matters in a wide range of industries. He has structured facilities that provide liquidity and accommodate an extremely broad array of pre-bankruptcy capital structures.
Brian has recently been involved on behalf of credit enhancers, construction agents and lenders, and debtor-in-possession financing agents and lenders in a wide range of matters in the senior living, continuing care retirement community and long-term care industries. In particular, Brian’s representations include an international, diversified financial institution in several bankruptcy cases, and out-of-court workout and restructuring matters involving loans to (or letters of credit enhancing bonds issues with respect to) continuing care retirement communities, assisted living facilities and nursing homes in Illinois, New York, California, Maryland, Louisiana, Texas and Wisconsin.
Brian has also represented parties in interest in transactions under the remedial provisions of the Uniform Commercial Code, including private sales, public sales, and acceptances of collateral in exchange for the full or partial satisfaction of debt. In addition, he has overseen the acquisition of distressed assets.