Brian I. Swett Partner

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, lenders and debtor-in-possession financing agents and lenders in a wide range of matters in the hospital, senior living, continuing care retirement community and long-term care industries. In particular, Brian’s representations include a number of international, diversified financial institution in bankruptcy cases and out-of-court workout and restructuring matters involving loans to (or letters of credit enhancing bonds issues with respect to) hospitals, continuing care retirement communities, assisted living facilities and nursing homes in Illinois, New York, California, Florida, Maryland, Louisiana, Texas, Wisconsin, Georgia, Tennessee, Mississippi, Arizona, Kansas and Utah.

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.

Experience

Representation of a major diversified financial institution as administrative agent under an $85 million debtor-in-possession lending facility in the bankruptcy cases of the owners of a national portfolio of long-term acute care hospitals.

Representation of a major diversified financial institution in the post-workout repayment at par of $100 million asset based lending facility to a national operator of skilled nursing facilities.

Representation of a major diversified financial institution as administrative agent under a $150 million debtor-in-possession 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.

  • 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

Member, American Bankruptcy Institute

  • Illinois
  • New York
  • U.S. District Court for the Northern District of Illinois
Selected for inclusion in America's Leading Lawyers for Business, Bankruptcy/Restructuring, New York, Chambers USA, 2019
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