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Distressed Opportunity Bulletin - Issue 1 Distressed Opportunity Bulletin - Issue 1

Distressed Opportunity Bulletin - Issue 1

Distressed Opportunity Bulletin
Ice Miller launched its Distressed Investment Group ("DIG") to identify and facilitate distressed investment opportunities and assist clients through creative and strategic acquisitions and investments in bankruptcies, in-court restructurings, out-of-court restructurings and other insolvency-related transactions.

DIG is comprised of some of Ice Miller's most experienced and entrepreneurial bankruptcy, corporate restructuring, finance, real estate, mergers and acquisitions, corporate and tax attorneys. Its members have significant experience advising clients on loan-to-own strategies, debt and equity sales and restructurings, recapitalizations, note purchase loans, debtor-in-possession and exit financings, claims trading, distressed real estate acquisitions, section 363 sales, rescue capital deployment, and other insolvency-related and special situations transactions in the context of chapter 11 cases and proceedings, defaulted-loan litigation, workouts, foreclosures, deeds in lieu of foreclosure, Article 9 sales, assignments for the benefit of creditors, and receiverships.

DIG’s members regularly advise investment funds, private and institutional investors, lenders, private equity firms, operators and other interested parties in all aspects of strategic distressed investing and related transactions. Its members frequently serve as bond counsel, issuer's counsel, bank counsel, and underwriter's counsel in a variety of taxable and tax-exempt municipal financings involving hospitals, health systems, senior living providers, single- and multi-family housing projects, airports, 501(c)(3) organizations, state and local governmental issuers and municipal power agencies.

DIG’s members also have significant experience representing private and institutional investors, including private equity real estate funds and REITs, developers and operators in the acquisition, redevelopment and operation of distressed real estate across various asset classes.

To learn more about DIG or any opportunities listed in this Bulletin or, if you have any opportunities you’d like us to share in our next Bulletin, please visit our webpage or contact any of our DIG members.

Visit our webpage 
Contact a DIG Member

Chelsea Abramowitz
Jay Augustyn
Jason Berne
John Burke
Guillermo Christensen
Phillip Coover
Tyson Crist
Louis DeLucia
Matt Ehinger
Alyson Fiedler
Christina Fugate
Philip Genetos
Jane Herndon
Jeff Hokanson
Tyler Kalachnik
Laurie Miller
David Nie
Thomas Pampush
Eric Singer
Taryn Stone
Jason Torf
J.C. Brown
John Cannizzaro
Michael Ott
Amir Ovcina
Jeff Karas
Simone Park
John Acquaviva
Marita Clarke
Kim Stapleton



Opportunities in
the distressed market
Please click the chart below to download a full PDF of currently available distressed investment opportunities.

DIG Chart
dig in the news
Successor Liability Concerns in Distressed Transactions

Current market conditions present unique opportunities for distressed investing. Although the acquisition of distressed assets may be profitable, it is not without risk, including potential exposure to successor liability. While often present in transactions, the risk of successor liability claims increases when a purchaser acquires distressed assets given the likelihood that the seller does not have the financial wherewithal to satisfy its creditors in full. It is important to be mindful of potential successor liability claims when acquiring distressed debt or investing in distressed assets and adopt strategies to mitigate that risk.
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Guidance for Purchasing Distressed Assets

The COVID-19 pandemic has caused economic turmoil that may provide opportunities for financially secure companies with capital to make a strategic acquisition of distressed assets and for investors to acquire valuable assets. This article highlights some important considerations when evaluating a purchase of distressed assets.
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Loan Purchases: A Practical Guide to Distressed Debt Acquisition in Illinois

As the global impact of the novel coronavirus pandemic (COVID-19) rages on, the anticipation is there will be an increasing number of non-performing commercial real estate loans. The loan market is likely to become an opportunity for well-prepared sellers and buyers.
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Fiduciary Duty to Insolvent / Near Insolvent Corporation

Corporate managers and directors should take a moment to refamiliarize themselves with their fiduciary obligations—especially how those obligations apply when the company is at risk of becoming insolvent.
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Strategies for Portfolio Companies During Financially Unpredictable Times

This article contains advice on best practices and strategies to minimize loss and maximize long-term financial stability. It also contains some strategies for assessing exposure and preparing and responding to bad debt, slow-paying or delinquent counter-parties, bankruptcies or related creditors' rights litigation.
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Real Estate for Breakfast Podcast - The Impact of COVID-19 on the Commercial Real Estate Market

In this episode of Real Estate for Breakfast, Phil Coover has Spencer Levy, Chairman of Americas Research and Senior Economic Advisor for CBRE, to discuss the imminent recession and COVID-19’s impact on the commercial real estate markets.
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Dig Webinars

DIG will be periodically announcing and hosting relevant and timely webinars on distressed investing. Be on the look out and get your calendars ready!

Negotiating Strategies for Distressed Business During COVID-19

Businesses of all sizes are facing extreme financial challenges due to COVID-19. It is important for businesses—whether or not they are experiencing financial difficulty now—to understand the dynamic with, and point of view of, their key constituencies in financial distress situations. On August 13, 2020, partner Jason Torf and a panel of professionals with decades of experience in the financial distress and restructuring area offered key perspectives, including: major landlord, key supplier, financial, franchisor and legal.

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Ice Miller
Attorney advertising material. Prior results do not guarantee similar outcomes. This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances. | All rights reserved.
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