Matters

In addition to the matters described above, the following representative transactions show the breadth and depth of Dan's experience: 
  • Structured, negotiated, and documented numerous loan originations, workout, restructure, deed-in-lieu, and voluntary surrender transactions for lender clients.
  • Representation of national acquirer of troubled loan portfolios from RTC on loan enforcement, restructures and workouts, reorganization and bankruptcy, and loan sale matters throughout the U.S.
  • Appearance as primary counsel for clients in bankruptcy cases throughout the U.S., including Arizona, California, Colorado, Florida, Illinois, Indiana, Iowa, Kansas, Maryland, Minnesota, Missouri, Nevada, New Jersey, New Mexico, New York, Ohio, Pennsylvania, Texas, and Virginia.
  • Advises lender clients (both lead lenders and participants) in connection with a variety of loan participation and syndication issues.
  • 100% successful defenses of lender liability allegations against lender clients (no jury submission ever, numerous summary judgments obtained, no settlements other than “nuisance settlements”).
  • Served as lead trial counsel and obtained plaintiff jury verdict against national lender in lender liability case.
  • Formation of two commercial real estate mortgage conduit lenders involving strategic alliances among investment bankers, venture capital, and entrepreneurial partners.
  • Retained by largest commercial bank in Hungary to establish special assets department (troubled loans, workouts, loan enforcement, collections, bankruptcy). Developed organization chart, staffing plan, policies and procedures.
  • Representation of national asset based lender on all transactions west of the Mississippi River including major leveraged buyouts and multi-state transactions involving every type of collateral.
  • Representation of lenders in connection with numerous DIP financings.
  • Counsel to largest Kansas City area health plan in successful merger with HMO and related restructuring including negotiated buyout of dissenting hospital shareholders.
  • Structured acquisition vehicle for purchase of Missouri Life Insurance Company by its agency force.
  • Documented and closed emergency loan to railroad secured by all rolling stock including obtaining required ICC approval of securities issuance by borrower under Interstate Commerce Act (project began on December 24 and closed December 31 to fund settlement of antitrust case scheduled for trial on January 2).
  • Represented sale-leaseback lender in connection with attempt to recharacterize $260 million in sale-leaseback transactions as loans in convenience store bankruptcy (negotiation with debtor and unsecured creditors committee followed by discovery and full trial of all recharacterization issues, including extensive factual and expert testimony to overcome objection of subordinated debenture holders).
  • Obtained court approval and documented major restructuring of $260 million in sale-leaseback leases as part of successful conclusion of convenience store bankruptcy (sale of all assets to Investcorp).
  • Advised several lending institutions on establishment of general policies and procedures to avoid environmental liability.