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Brian I. Swett

Partner

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Practices
Industries
Education
  • New York University School of Law, JD, 1996
  • Johns Hopkins University School of Advanced International Studies, MA, International Relations, with Honors, 1993
  • Johns Hopkins University, BA, International Relations, Phi Beta Kappa, 1992
Admissions
  • Illinois
  • U.S. District Court for the Northern District of Illinois
Affiliations

Member, American Bankruptcy Institute

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.

vCard
T: +1 312 849 8194F: +1 312 698 4551bswett@mcguirewoods.com77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

Representation of a major diversified financial institution as administrative agent for the lenders under a $150 million debtor-in-possession asset based lending facility in the bankruptcy cases of printing and direct media companies.

Representation of a healthcare focused private equity fund in the bankruptcy case of a molecular imaging company.

Representation of a major diversified financial institution in the bankruptcy case of a national quick service restaurant chain.

Selected for inclusion in America's Leading Lawyers for Business, Bankruptcy/Restructuring, Illinois, Chambers USA, 2014
Co-author, "Pension Protection Act, New FASB Rule May Put Secured Lenders at Greater Risk of PBGC Liens," American Bankruptcy Institute Journal, 2007
Co-author, "Chapter 11 ‘New Value’ Plans of Reorganization: Panacea or Pandora’s Box?," Bloomberg Corporate Law Journal, 2006
Co-author, "Distressed Asset Sales to Insiders: What’s the Problem?," ABI Journal, Vol. XXIV, No. 10, p.22, 2006
Panelist, "Financing Strategies," The 22nd Annual Southwest Bankruptcy Conference, September 2014
Speaker, "Financial Institutions: What Are They Thinking?," American Bankruptcy Institute Annual Spring Meeting, April 2011
Speaker, "Asset Sales after GM, Chrysler and Clear Channel," American Bankruptcy Institute Annual Spring Meeting, April 2010
Speaker, "Lender Liability in the Current Financial Crisis: The Latest Thinking on Select Issues," American Bankruptcy Institute Annual Spring Meeting, April 2009
Speaker, "Relationships and Stakeholder Positions in a Changing Market," American Bankruptcy Institute Southwest Regional Conference, September 2008