Clients turn to Thompson Coburn for our extensive experience in protecting and enforcing the rights, interests and remedies of secured creditors through the various phases of a transaction - from credit origination through workouts, loan enforcement, and bankruptcy. We have extensive experience in representing secured lenders of almost every kind and type, including banks, other financial institutions, vehicle and equipment financiers, asset-based lenders, real estate financiers, equipment lessors, hedge funds and private equity groups.
In transactional matters, we assist lenders and other secured parties by providing forward-thinking bankruptcy and insolvency advice by working closely with our transactional and finance colleagues when loans and credits are structured, documented, and originated. We also assist clients in utilizing structured finance techniques and, in conjunction with those, providing non-consolidation and other bankruptcy-related reasoned opinions.
Later in the credit cycle, we represent lenders in negotiating and closing loan workouts and restructurings, and in resolving other issues that are unique to troubled credits. Our attorneys are committed to the idea that a negotiated, voluntary settlement is typically the most efficient way to handle a problem loan situation. We regularly handle workouts of credits of all sizes and levels of complexity, from large syndicated commercial and industrial loans, to middle market asset-based and cash flow loans, to small business loans and single-asset real estate loans. Our lawyers structure workouts of different types involving borrowers doing business in a vast array of industries.
Alternatively, we have extensive experience representing secured creditors in protecting and enforcing their rights, interests and remedies through various loan enforcement proceedings. We represent clients in real property foreclosures, and UCC secured party sales and replevin actions involving many types of collateral ranging from equipment and inventory to financial assets and intellectual property. We also have considerable experience with non-bankruptcy remedies such as receiverships and assignments for the benefit of creditors.
When bankruptcy arises, we represent secured creditors in complex Chapter 11 proceedings, including the documentation and obtaining court approval of debtor-in-possession financing facilities and cash collateral arrangements. We represent secured creditors in the “Section 363” bankruptcy sale process, both when their collateral is to be sold to third parties and when they seek to credit bid, and in the negotiation, structuring, documentation, and in negotiating, structuring, documenting, and confirmation of Chapter 11 plans of reorganization, whether proposed by the debtor, other creditors, or the secured creditor itself.
When during the course of a bankruptcy case matters become less than consensual, however, our attorneys represent secured creditors in contested cash collateral, stay relief, case conversion and dismissal, claims allowance, lender liability, preference and fraudulent conveyance, bankruptcy sale, and plan confirmation matters.
We often work closely with litigation, finance, and other colleagues at Thompson Coburn in representing secured creditors. We believe that a team approach is frequently necessary to help our clients prevail, given the unique procedural and substantive issues that arise in bankruptcy cases, and the many areas of non-bankruptcy law that are often implicated and require experience. We also believe that litigation is more often a tool to maximize recovery than an end in itself in bankruptcy cases, and parties can be adverse one day and then on the same side of the table the next. Our secured creditor bankruptcy practice is national in scope — our attorneys have connections with peers across the country and are equally comfortable appearing in bankruptcy courts from coast to coast as in our ‘home’ jurisdictions.
D. Delaware – Debtor: IMH Financial Corp. - Resort hotel; new-money DIP for prepack and acquisition
SDNY – Debtor: Northwest Company - Branded textile/apparel manufacturer
D. Utah – Debtor: M Space - Manufacturer/lessor of modular office and housing units
D. Delaware – Debtor: Deb Stores Holding – Retail apparel
SDNY – Debtor: Adoni Group – Wholesale apparel
SDNY – Debtor: Daytop Village – Residential substance -abuse treatment facilities
SD Florida – Debtor: Arrow Air Holding – Cargo airline
D. Kansas – Debtor: Best Well Service – Oil & gas service provider
EDNY – Debtor: Kangadis Food – Food service provider
SDNY – Debtor: Delta Air Lines – Passenger and cargo airline
SD Tex – Debtor: Shale Support Global Holdings, LLC – Frack sand company
WD MO. – Debtor: Blue Sun Energy – Biofuels
ND ILL – Debtor: Global Sorghum Solutions – Agribusiness
ND ILL – Debtor: LDR Industries, Inc. – Plumbing products
WD MO – Debtor: Mid-States Supply Company, Inc. – Supplier of pipes, valves and fittings
ED ARK – Debtor: Affiliated Foods Southwest, Inc., et al. – Grocery distributor and retailer
ND ILL – Debtor: Central Grocers, Inc., et al. – Grocery distributor and retailer
ED MO – Debtor: Lewis and Clark Apartments, L.P. – Low income apartment community
ED MO – Debtor: Briggs & Stratton Corporation, et al. – Small engine manufacturer
ED MO – Debtor: Payless Holdings LLC, et al. – Shoe manufacturer and distributor
ED MO – Debtor: Foresight Energy, L.P., et al. – Coal company
ED MO – Debtor: Noranda Aluminum, Inc. – Aluminum product manufacturer
ED MO – Debtor: Arch Coal, Inc., et al. – Coal company
D. Delaware – Debtor: Tidewater Inc., et al – Offshore marine support and service company
PIK Interest in Private Credit – What Lenders, Borrowers and Equity Investors Should Know
Challenge to PBGC Pension Bailout Liability Rules Denied by U.S. Bankruptcy Court
Bankruptcy Code § 363(m) is now up for interpretation at the U.S. Supreme Court
An introduction to the Adjustable Interest (LIBOR) Act: The federal response to LIBOR replacement
Not so Technical: A Flaw in the CARES Act’s Correction to “Small Business Debtor”
Update – SOFR and LIBOR Replacement
Highlights from the SBA’s further guidance on PPP loan forgiveness
As COVID-19 prompts more retail tenant bankruptcies, how should landlords and lenders respond?
What receivers need to know about the Federal Priority Act
Bankruptcy court rejects risk-shifting liquidated damages clause in equipment leases
Data in the cloud: What if the cloud provider goes bankrupt?
Amendments to Chapter 12 make it easier for a family farmer to reorganize
Key takeaways for creditors after the Supreme Court's divided ruling on spousal guarantors
Major update to bankruptcy forms effective December 1, 2015
Understanding triple net leases
Parsing the legal and financial impact from Detroit’s bankruptcy
UCC update: Revisions to Missouri’s UCC Articles 4A and 9
Subchapter V Practice in the Eighth Circuit: The First Four Years
Are Subchapter V Corporate Debtors Subject to the §523(a) Exceptions to Discharge?
Put down your fiddle: Third Circuit halts Johnson & Johnson’s Texas two-step
Chapter 12 family farmer cases in Missouri: An updated look inside the numbers
Johnson & Johnson: The Texas two-step and talc-related liabilities
Subchapter V in the Eighth Circuit: The data from the first 18 months
The Big Bang: When the Worlds of Energy Law and Bankruptcy Law Collide
Seven Things You Should Know About the Missouri Commercial Receivership Act
Dealing with Financially Troubled Customers Outside and Inside of Bankruptcy
Mark Indelicato, Danielle Ullo Discuss Economic Impact on CRE and Restaurant Industries
Mark Indelicato, Danielle Ullo Cover CRE, Restaurant Economic Trends in Chain Store Age
Katie Clark Named as Lawdragon 500 Leading Bankruptcy & Restructuring Lawyer
Mark Indelicato Provides Go-To Media Commentary on Bankruptcy Hot Topics
Mark Indelicato Talks to NY Daily News about Red Lobster Chapter 11 Filing
Katharine Clark Named a 2024 Best Lawyer in Dallas by D Magazine
Mark Indelicato Discusses Former WeWork CEO’s Attempts to Win Back Company
Mark Indelicato Joins Bloomberg Law Podcast to Discuss WeWork’s Path to Reorganize
Mark Indelicato Discusses WeWork Comeback Plan in Bloomberg Law
Janine Figueiredo Named as DEI leader for Turnaround Management Association Executive Board
Mark Indelicato Discusses NJ Favor in Bankruptcy Cases for Law360
Partner Sonette Magnus Named to ABI’s 2023 “40 Under 40” Emerging Leaders In Insolvency Practice
Sonette Magnus Recognized by Missouri Lawyers Media on 2023 Up & Coming List
Indelicato Discusses Private Equity Realizing Higher Yields Through Bankruptcies with Law.com
Katie Clark Honored with the Michelle A. Mendez Award of Excellence
Diona Rogers named 2023 Secured Finance Network 40 Under 40 Award winner
As corporate bankruptcies escalate, look to Thompson Coburn’s Trade Creditor Manual for guidance
Retailers get more rent leverage in bankruptcy: Joseph Orbach interviewed by Bloomberg Law
Thompson Coburn attorneys successfully advocate for technical corrections to the Bankruptcy Code
David Warfield talks to Axios about Johnson & Johnson’s ‘Texas Two Step’ strategy for talc claims
Sonette Magnus joins Thompson Coburn as a litigation partner
Thompson Coburn combines with Hahn & Hessen, expands to New York
NPR’s Planet Money podcast calls on Dave Warfield for episode on robocalls
Thompson Coburn is Texas proud after first year in Dallas
Rick Reibman named managing partner of Thompson Coburn’s Chicago office
National law firm Thompson Coburn lands four partners in new Dallas office
Congratulations to the new Thompson Coburn partners for 2020
Congratulations to our 14 ‘Lawyers of the Year’ for 2020
Congratulations to our 14 ‘Lawyers of the Year’ for 2019
Congratulations to our 14 'Lawyers of the Year' for 2018
Thompson Coburn earns 11 national top-tier rankings in U.S. News ‘Best Law Firms’ survey
Congratulations to our 8 ‘Lawyers of the Year’
Claire Schenk writes about Federal Priority Act for Federal Bar magazine
Thompson Coburn earns eight national top-tier rankings in U.S. News ‘Best Law Firms’ survey
Thompson Coburn represents issuer in 2014 Health Care Deal of the Year
Rightsizing the Right Way: Restructuring and Realignment in Higher Education
Congratulations to our 15 St. Louis ‘Lawyers of the Year’
David Warfield talks US Fidelis case on CNBC’s ‘American Greed’
Sixth Circuit rules cows can be leased
Federal judge rules sovereign immunity bars claims related to industrial development bonds
Thompson Coburn earns six national top-tier rankings in U.S. News ‘Best Law Firms’ survey
Detroit’s bankruptcy: What’s it got to do with St. Louis?
Thompson Coburn drafts UCC legislation in Missouri
David Warfield writes article on Detroit bankruptcy for St. Louis Business Journal
Francis X. Buckley, Jr. elected to board of directors of the American College of Bankruptcy
Associate
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New York
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Aleksandra is in the Firm's Bankruptcy & Restructuring Practice Group. Aleksandra is in the Firm's Bankruptcy & Restructuring Practice Group. |
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Partner
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New York
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John draws on his more than 30 years of litigation experience to represent a wide variety of clients in federal and state trial and appellate courts. John draws on his more than 30 years of litigation experience to represent ... |
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Senior Counsel
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New York
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Gil represents a wide variety of interests in the insolvency arena, with his cases mirroring the current troubled sectors of the economy. Gil represents a wide variety of interests in the insolvency arena, with hi... |
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Partner
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St. Louis
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Bill Bay represents major corporations in high-stakes litigation nationally and is also at the forefront of leadership in the legal profession as president of the America... Bill Bay represents major corporations in high-stakes litigation nationally... |
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Partner
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New York
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Justine has extensive experience in the purchase and sale of all classes of distressed assets. Justine has extensive experience in the purchase and sale of all classes of... |
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Partner
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St. Louis
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Mark’s practice focuses on the representation of clients in financial restructurings, out-of-court workouts and bankruptcy cases. Mark’s practice focuses on the representation of clients in financial restr... |
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Partner
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Los Angeles
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A senior litigator with more than 30 years of experience, Jeff Brown develops and executes highly effective litigation strategies for clients facing all types of complex ... A senior litigator with more than 30 years of experience, Jeff Brown develo... |
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Senior Counsel
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St. Louis
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Ed serves as a key tax advisor to companies embarking on any type of corporate restructuring, from acquisitions and dispositions to spinoffs and management changes. Ed serves as a key tax advisor to companies embarking on any type of corpor... |
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Senior Counsel
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Chicago
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Frank is a longtime advisor to financial service providers who assists with insolvency and restructuring matters, loan enforcement, and a host of other business issues. Frank is a longtime advisor to financial service providers who assists with... |
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Partner
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Dallas
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Katie represents clients before bankruptcy courts, federal and state trial courts, arbitration panels and appellate courts nationwide. Katie represents clients before bankruptcy courts, federal and state trial ... |
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Partner
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New York
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Josh represents financial institutions as secured creditors in Chapter 11 bankruptcy cases, corporate restructurings and workouts, which he has done in bankruptcy courts ... Josh represents financial institutions as secured creditors in Chapter 11 b... |
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Partner
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St. Louis
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David concentrates in the areas of business bankruptcy, workouts, securitizations, and general creditors' rights matters. David concentrates in the areas of business bankruptcy, workouts, securitiz... |
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Partner
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New York
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Janine represents debtors, creditors' committees, liquidating trustees and secured and unsecured creditors in complex corporate reorganizations, restructurings and liquid... Janine represents debtors, creditors' committees, liquidating trustees and ... |
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Partner
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St. Louis
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Garrett counsels banks, financial institutions and other businesses on a variety of tax credit, commercial transaction and regulatory issues. Garrett counsels banks, financial institutions and other businesses on a va... |
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Partner
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New York
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Steve is a litigator representing fiduciaries, financial institutions, corporate entities, creditor groups, and individuals. Steve is a litigator representing fiduciaries, financial institutions, corp... |
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Partner
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New York
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Don represents clients in mergers and acquisitions, business organization, and general corporate matters. Don represents clients in mergers and acquisitions, business organization, ... |
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Partner
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St. Louis
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Ron Haglof's practice with the firm includes substantial experience in privately negotiated acquisitions and dispositions of businesses, including transactions requiring ... Ron Haglof's practice with the firm includes substantial experience in priv... |
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Partner
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Chicago
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Clint represents borrowers, lenders and various other financial institutions in the structuring and the documentation of various commercial financing transactions. Clint represents borrowers, lenders and various other financial institution... |
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Partner
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St. Louis
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Ed is a veteran litigator and head of the Firm's Antitrust Practice Group. Ed is a veteran litigator and head of the Firm's Antitrust Practice Group. |
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Partner
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St. Louis
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Brian Hockett practices in the Firm's Financial Restructuring group. Brian Hockett practices in the Firm's Financial Restructuring group. |
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Partner
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New York
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Mark represents parties in virtually every aspect of insolvencies, bankruptcies, and out-of-court workouts, including secured and unsecured creditors, official and ad hoc... Mark represents parties in virtually every aspect of insolvencies, bankrupt... |
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Counsel
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Dallas
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Nathan Johnson is an experienced litigator and a Texas State Senator. Nathan Johnson is an experienced litigator and a Texas State Senator. |
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Partner
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St. Louis
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Mark’s practice includes all types of secured, unsecured and asset-based lending and commercial-finance transactions. Mark’s practice includes all types of secured, unsecured and asset-based le... |
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Partner
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St. Louis
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Cheryl represents lenders and obligors in complex finance transactions, loan restructurings, and bankruptcy, receivership, foreclosure and other proceedings involving cre... Cheryl represents lenders and obligors in complex finance transactions, loa... |
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Partner
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St. Louis
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Sonette is a highly experienced litigator and business advisor who counsels corporate clients on all phases of commercial litigation in state and federal courts throughou... Sonette is a highly experienced litigator and business advisor who counsels... |
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Partner
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New York
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Steve represents financial institutions, businesses and constituencies in major commercial disputes, with a particular focus in lender liability cases, fraud-based invest... Steve represents financial institutions, businesses and constituencies in m... |
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Partner
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New York
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Consistently recognized for his dynamic, passionate, and resolute approach, Zachary delivers practical, tactical, and experienced advice to a diverse clientele that inclu... Consistently recognized for his dynamic, passionate, and resolute approach,... |
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Partner
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New York
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Joe has represented a variety of clients in diverse aspects of bankruptcy and insolvency law. Joe has represented a variety of clients in diverse aspects of bankruptcy a... |
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Partner
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New York
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Mark has extensive experience in all aspects of financial restructuring and insolvency issues, and draws on that experience to develop creative and pragmatic ways to solv... Mark has extensive experience in all aspects of financial restructuring and... |
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Senior Counsel
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Chicago
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Backed by a 30-plus-year career on the legal and regulatory side of financial markets, Rick is an insightful advisor to trading firms, brokerage firms, trade execution fi... Backed by a 30-plus-year career on the legal and regulatory side of financi... |
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Associate
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Dallas
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Alexandra is an associate in the Firm's financial restructuring & bankruptcy practice group. Alexandra is an associate in the Firm's financial restructuring & bankr... |
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Associate
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New York
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Jake Schwartz is an Associate in the Firm's Financial Restructuring and Bankruptcy Group. Jake Schwartz is an Associate in the Firm's Financial Restructuring and Ban... |
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Partner
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New York
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Jeff has represented lenders and borrowers, buyers and sellers, lessors and lessees, senior, mezzanine and subordinated debtholders as well as committees and trustees in ... Jeff has represented lenders and borrowers, buyers and sellers, lessors and... |
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Associate
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New York
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Henry is an associate in the Firm's Bankruptcy & Restructuring Practice Group. Henry is an associate in the Firm's Bankruptcy & Restructuring Pra... |
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Associate
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New York
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Danielle's practice focuses on the representation of unsecured creditors' committees, secured and unsecured creditors, liquidating trustees, lenders, and debtors in a bro... Danielle's practice focuses on the representation of unsecured creditors' c... |
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Partner
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St. Louis
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Sarah represents lenders, banks and borrowers in complex financing transactions and provides in-depth regulatory counsel to clients in two of the most heavily regulated i... Sarah represents lenders, banks and borrowers in complex financing transact... |
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Partner
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St. Louis
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David is a 30-year veteran of the financial restructuring world who provides practical, straight-forward advice to all types of institutions that interact with a distress... David is a 30-year veteran of the financial restructuring world who provide... |
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Counsel
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New York
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Jeff has significant experience advising clients in all aspects of bankruptcy and insolvency law. Jeff has significant experience advising clients in all aspects of bankrupt... |
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Although we would like to hear from you, we cannot represent you until we know that
doing so will not create a conflict of interest. Also, we cannot treat unsolicited
information as confidential. Accordingly, please do not send us any information
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By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and, further, even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you. Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.