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Brian I. Swett Partner

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New York T +1 212 548 7029 F fax +1 212 715 6263
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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 a $110 million asset-based credit facility in a restructuring transaction involving a national home construction goods manufacturer.
  • Representation of a major diversified financial institution as agent under a $50 million asset-based credit facility in an out-of-court change-of-control transaction as to a national durable home goods manufacturer.
  • Representation of a major diversified financial institution in the workout and restructuring of loans in the aggregate amount of $100 million in a senior care and senior housing portfolio.
  • Representation of a major diversified financial institution in the par recovery (at the height of the COVID pandemic) of a loan to a leading global hospitality and tour operator.
  • Representation of a major diversified financial institution as administrative agent under $120 million pre-bankruptcy, debtor-in-possession and exit lending facilities in the bankruptcy case of a national automotive supplier.
  • Representation of a major diversified financial institution as administrative agent in the bankruptcy case of and with respect to an exit lending facility to a national furniture and home decor manufacturer.
  • Representation of a major diversified financial institution in the out-of-court financial and operational restructuring of a global consumer products retailer.
  • Representation of a major diversified financial institution in the bankruptcy case of a national consumer and novelty products manufacturer.
  • Representation of a major diversified financial institution in the par recovery of a series of loans to the owner and operator of a national chain of long-term care senior living facilities in a matter that also included the largest ever allegation (and successful prosecution) of Medicare and Medicaid fraud.
  • 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.

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