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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 is a co-leader of the firm’s Restructuring & Insolvency Practice Group and has several decades of experience in handling complex restructuring, bankruptcy and workout matters. Brian represents senior secured lenders, creditors, sellers and purchasers in both in-court and out-of-court restructurings and distressed asset acquisition and disposition matters.

In the realm of debtor-in-possession bankruptcy financing and cash collateral matters, Brian has experience and knowledge across various industries. He has structured and secured approval of facilities tailored to accommodate diverse pre-bankruptcy capital structures (including asset-based loans) and facilitated his clients’ efforts to provide liquidity solutions to their borrowers.

Recent highlights of Brian’s practice include representing credit enhancers, construction agents, lenders, and debtor-in-possession financing agents and lenders in the hospital, senior living, continuing care retirement community and long-term care sectors. His portfolio includes engagements with major diversified financial institutions across multiple jurisdictions. Brian has also been active in real estate workout and restructuring matters across a universe of loan facility types and asset classes.

Brian’s expertise extends to transactions governed by the Uniform Commercial Code in which transactions he has represented parties in private and public sales and collateral acceptances in satisfaction of debt.

Experience

  • Representation of a major diversified financial institution as the sole bondholder in the bankruptcy case of a leading regional hospital.
  • Representation of a major diversified financial institution as the leader of a multi-disciplinary McGuireWoods team handling the institution’s distressed commercial real estate and distressed healthcare real estate portfolios.
  • 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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