Nancy A. Valentine, a partner in Ice Miller’s Cleveland office, has a diverse litigation and transactional practice serving Fortune 500 companies, financial institutions, privately held companies and individuals. She routinely represents buyers and sellers of middle market businesses in complex transactions. She represents secured creditors, equipment lessors, landlords, and debtors, in bankruptcy and in federal court and state court litigation proceedings, as well as civil litigation, such as receiverships and collection matters. 
 
Nancy has extensive experience with agricultural lending. In addition, she has handled complex, multi-issue real estate transactions involving industrial farms; lifestyle, shopping mall, and strip centers; hotels; multifamily residential properties; and water parks. 
 
Nancy has frequently managed teams of attorneys on large matters, such as a $100M distressed loan package which required refinancing, restructuring, sales, federal district court litigation, and the coordination of simultaneous bankruptcy cases.
 
Nancy is an active member of the Cleveland business and civic communities. She currently serves as Chair of IWIRC's Northeast Ohio Network, the International Women’s Insolvency and Restructuring Confederation and assumed the position of Chair of this international organization in October 2016. Nancy is also involved with the American Red Cross Greater Cleveland Chapter and the Medina City Schools Foundation serving on each of the organization's boards. 
 
Nancy is listed in the 2015 edition of Chambers USA: Leading Lawyers for Business for Bankruptcy/ Restructuring, the 2013-17 editions of Ohio Super Lawyers®, including recognition on the following Super Lawyers® lists: Top 50 Women Ohio in 2014 and 2017;Top 50 Cleveland in 2017; Top 25 Women Cleveland in 2017; and Top 100 Ohio in 2017. She was also listed in the 2010-16 editions of The Best Lawyers® in America in the category of Bankruptcy and Creditor-Debtor Rights Laws, as well as being listed as “Lawyer of the Year” in the category of Bankruptcy in the 2014 edition. She is also AV® Preeminent™ Rated by Martindale-Hubbell, its highest available rating for legal ability and professional ethics.
Reported and Representative Cases
  • Represented a public company and creditor in the Loehmann's bankruptcy using complex UCC experience as in previous engagements in the retail space for creditor.
  • AgStar Financial Services, FLCA and AgStar Financial Services, PCA. Plaintiffs in several Federal Court foreclosures and receiverships in the Federal District Court for the Northern District of Ohio and Northern District of Indiana and Secured Lenders in various bankruptcy proceedings in Ohio and Indiana, including In re Arts Dairy LLC, Case No. 09-32386, In re Springfield Dairy LLC, Case No. 10−35426 and In re Van Ham Dairy, L.L.C., In re Van Ham Dairy Leasing, LLC, Case Nos. 10-33231 and 10-36120, and In re Van Alphen Dairy, LLC, Case No. 11-14256 in the U.S. Bankruptcy Court for the Northern District of Ohio representing AgStar, the secured lender to multiple dairy farm operations of approximately eighty million dollars in credits.
  • Representing Receivers in multiple matters including Northern Trust Bank, FSB v. Bolognue Holdings, Inc., Case No.  CV-2011-07-3843, Summit County Common Pleas Court, Ohio (supplier), 2115-2121 Ontario Building, LLC v. Dolores Anter, Case No.  CV-11-752119, Cuyahoga County Common Please Court, Ohio (commercial real estate), Lake Park Tower OH LLC v. Lake Park Towers, LLC, Case No.  CV-12-789829, Cuyahoga County Common Please Court, Ohio (residential apartment complex), Advantage Renovations, Inc. v. Maui Sands Resort Co., LLC, Case No. 2008 CV 0894, Erie County Common Pleas Court, Ohio ( indoor waterpark resort facility), Coastline Ohio, LLC v. Extended Family Concepts, Inc., Case No. 2010 CV 00917, Stark County Common Pleas Court, Ohio (Adult Care Facility).
  • Wachovia Bank, National Association v. Bridgewater Falls I, LLC, et al., Case No. CV 2008 021056, Butler County Common Pleas Court, State Court Foreclosure and Receivership Action – The primary debtors own a multimillion dollar shopping center complex. Representing the secured lender requires understanding of complex real estate and leasing issues.
  • 111 Debt Acquisition LLC v. Six Ventures, Ltd., et al., Case No. 2:08-cv-768, U.S. Federal District Court for the Southern District of Ohio and In re Six Ventures, Ltd., Case No. 08-58468, in the U.S. Bankruptcy Court for the Southern District of Ohio – Federal Court Foreclosure and Receivership Action and Secured Creditor representation in U.S. Bankruptcy Court – The primary debtor owns mulitmillion dollar multifamily apartment complexes. Representing the secured lender requires understanding of complex real estate issues as well as complex bankruptcy issues related to real estate based debtors.
  • Wachovia Bank, National Association v. Bridgewater Falls I, LLC, et al., Case No. CV 2008 021056, Butler County Common Pleas Court, State Court Foreclosure and Receivership Action – The primary debtors own a multimillion dollar shopping center complex. Representing the secured lender requires understanding of complex real estate and leasing issues.
  • Lehman Brothers Holdings, Inc. v. United Petroleum Marketing, LLC, Case No. 2007 CV 02056, Stark County Common Pleas Court, State Court Foreclosure and Receivership Action – The primary debtor owned multiple gas and convenience store operations in four Ohio counties. Representing the lead secured creditor in the state court proceedings that require significant understanding of such operations, including the regulatory considerations;
  • In re North Coast Oil, Inc., et al., Case No. 05-81397 (Jointly Administered), U.S. Bankruptcy Court for the Northern District of Ohio (Akron) – Debtor owned multiple gas and convenience store operations in fourteen Ohio counties. Represented the lead secured creditor in the bankruptcy proceedings and in the prior state court proceedings (Broadway Bank v. Thomas Abdallah, et al., Case No. CV 05 570120) that required significant understanding of such operations, including the regulatory considerations.
  • In re Forgitron, LLC, et al., Case No. 08-117621, U.S. Bankruptcy Court for Northern District of Ohio – Counsel to official Committee of Unsecured Creditors.
  • Appointed by the United States Trustee to serve as the Chapter 11 Trustee for Villa Marie Estates, Inc. in the United States Bankruptcy Court for the Northern District of Ohio.
  • Acting as Debtors’ counsel in In re Hi-Rise Recycling Companies, Inc., in which the debtor completed the sale of its assets in six weeks after filing, and confirmed a liquidating plan of reorganization.
  • Represented ADESA, Inc. and its affiliate CarsArrive Network, Inc. in the Chapter 11 bankruptcy proceedings of Dependable Auto Shippers, Inc. in a case in the U.S. Bankruptcy Court for the Northern District of Texas titled In re Dependable Auto Shippers, Inc., et al., Case No. 16-34855-bjh11. Our client purchased the pre-petition secured debt and provided DIP Financing to the Debtors. Ultimately, our client purchased the Assets of Dependable Auto Shippers through a confirmed Chapter 11 Plan and Credit Bid. We closed the purchase of Dependable Auto Shippers, Inc. on May 11, 2017 (case filed Dec. 21, 2016). ADESA purchased the secured debt prior to the filing of Dependable Auto’s Chapter 11 Case with our assistance and then we worked with Dependable Auto and its counsel to confirm a Chapter 11 Plan and purchase Dependable Auto’s assets via a confirmed Chapter 11 Plan approving the Asset Purchase Agreement. ADESA assigned its purchase rights to a subsidiary CarsArrive Network.  We continue to work on post-closing/post-bankruptcy matters for ADESA and CarsArrive.  
Speaking Engagements
  • ABI Winter Leadership Conference 2017 - Shark Tank Panel - Presenter "The Absolute-Priority Rule Should Not Apply to Individual Chapter 11 Debtors" and "In jointly administered, multi-debtor chapter 11 cases, only one impaired clause under the 'plan' has to accept to satisfy 11 U.S.C. Section 1129(a)(10). The Court in Transwest has it right."
  • "View from the Bench: Procedure to Hot Topics in Bankruptcy to What We Should and Shouldn’t See in 2015," Bankruptcy & Commercial Law Section Meeting & CLE Presentation, 2016. Served as moderator.
  • Cohen & Company’s 2015 CLE Seminar Series, December 17, 2015. Served as speaker regarding Ohio’s Amended Receivership Law.
  • 4th Annual Case Western Reserve University School of Law Women’s Law & Leadership Conference, December 16, 2015. Serves as panelist following the Compensation Keynote.
  • "Compensation, Promotion and Leadership Development in the Profession."  Women's Law and Leadership Conference, 2015. Served as a panelist.
  • "Take the Risk, Lean-In and Move Up1"  3rd Annual Women's in Law & Leadership Conference, 2014. Served as a panelist.
  • "Women in Law," Cleveland Metropolitan Bar Association, 2014. Served as a panelist in a presentation during the Women in Law Section Meeting.
  • "Anything But Bankruptcy! Redux: Nonbankruptcy Alternative," American Bankruptcy Institute, 2009. One of the speakers for this presentation during the American Bankruptcy Institute’s Mid-Atlantic Bankruptcy Workshop. The topics discussed ranged from asset sales to specific bankruptcy practices and procedures.
  • "Striking Out? Business Etiquette at Sporting Events and Social Settings," YWCA of Greater Cleveland, 2008. Served as one of the featured speakers during this presentation from the YWCA’s Women’s Leadership Initiative. This presentation aimed to help decipher the sometimes unclear rules of conducting business in a social atmosphere or while attending a sports event with clients.
  • "Aligning Your Practice with the Bankruptcy Abuse Prevention & Consumer Act of 2005," National Business Institute, 2005. Speaker during this presentation on the Consumer Protection Act of 2005, and how one can make sure their company is fully aligned with the new policies.
  • "365(d)(10) – Lease Recharacterization," William J. O’Neil Bankruptcy Institute, 2003. Discussed the ways one is able to decide whether or not a specific lease is in fact a financing agreement in disguise, the debtor’s obligations during the leasing contract and the rights of the lessor.
  • "Non-Bankruptcy Alternatives: Receivers & Other Creatures," Turnaround Management Association & IWIRC, 2003. Served as a moderator during this presentation discussing the alternatives to bankruptcy presented to the Ohio Chapters of the International Women’s Insolvency & Restructuring Confederation.
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