Matters

  • St. Louis bankruptcy counsel and conflicts counsel to Creditors’ Committee in the first and second Chapter 11 bankruptcy case of Payless ShoeSource, LLC.
  • Borrower with multi-entity corporate structure put business portfolio in Chapter 11 to attempt to cram-down bank's loan and repay less than 75 percent of balance. After nine months of bankruptcy litigation, bank received preferential and full payment treatment in Chapter 11 plan by debtors.
  • Client's real estate collateral consisting of 180 units had lost 30 percent of value and borrower transferred interest to third-party entity in attempt to avoid future debt service payments. After an expedited motion and hearing schedule, obtained an order evicting prior manager of complex and securing all rents and property for client to limit loss and assess value of collateral.
  • Debtor filed Chapter 11 with complex partnership structure that included multiple state and federal tax credits serving as client's collateral. Successfully defended bank's interest against large multi-national bank that attempted to assert control of annual tax credit stream of payments stemming from low-income housing tax credit project.
  • Represented bank in default of out-of-state plastic company. Pre-litigation claims by multiple attorneys and borrower were that assets to be recovered totaled less than $500,000. Proceeded with litigation and receiver appointment and recovered more than $2 million for bank.
  • National loan servicer was served with more than 20 pages of RESPA claims and complaints with threat of suit. Obtained relevant loan servicing information and within 30 days had all RESPA claims responded to and dismissed.