Creditors' Rights and Commercial Law

Representative Experience

• Represented several airport authorities in the American Airlines Chapter 11 bankruptcy proceeding, and successfully negotiated new leases and contracts for assumption upon implementation of the plan of reorganization.
• Represented a multinational secured lender owed over $15 million in the Chapter 11 bankruptcy of the largest mobile home park in the Midwest.
• Represented two nationwide clothing retailers in the General Growth Properties (“GGP”) Chapter 11 bankruptcy.  Combined, the retailers had over 100 store locations in GGP owned shopping malls and claims for all stores were globally resolved by agreement.
• Represented the assignee of a first lien holder’s rights in the foreclosure and acquisition of commercial real estate located in Cleveland, Ohio.
• Represented Indiana municipalities in pursuit of environmental remedies in bankruptcy court to allow them to pursue claims against insurers outside of bankruptcy and obtain considerable funds for use in environmental remediation.
• Represented large Columbus-based, retail tenants to assert and successfully resolve large portfolios of shopping center lease claims. In re General Growth Properties, Inc. (Bankr. S.D.N.Y., 2009-2011).
• Represented a former landlord of The Red Star in the parent's chapter 7 bankruptcy to successfully pursue recovery on a lease guaranty. In re Restaurant Development Group, Inc. (Bankr. N.D. Ill, 2007-2010).
• Represented regional utility conglomerate in the divestment of interests in ProLiance Energy.
• Represent over 20 separate public pension funds and public entities in fraudulent conveyance actions seeking to recover payments to selling shareholders arising out of the bankruptcy proceedings of Lyondell Chemical Co. and The Tribune Company. Successfully obtained dismissal of state law claims asserted in the Lyondell case against 15 of the funds on the basis of sovereign immunity. 
• Lead counsel for lender in connection with defalcation of funds by a title agent. Successfully resolved numerous issues, including interpretation of a closing protection letter. Also litigated claims against separate bank under the Uniform Fiduciaries Act. Nations Title Insurance Co. of New York, Inc. v. William H. Bertram, Jr., 140 Ohio App.3d 157 (2000), appeal dismissed, 91 Ohio St. 3d 1246 (2001).
• Successfully represented TennOhio Transportation Co., in prosecution of preference claim and served as lead counsel in five day trial. Case focused on valuation of collateral (140 vehicle fleet of trucks) and the ordinary course of business defense. In re TennOhio Transportation Co., 269 B.R. 775 (Bankr. S.D. Ohio 2001) and TennOhio Transportation Co. v. Navistar Financial Corp. (In re TennOhio Transportation Co.), 269 B.R. 769 (Bankr. S.D. Ohio 2001).