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Bankruptcy & Financial Restructuring

Contact a Bankruptcy & Financial Restructuring Attorney

Overview

Stoll Keenon Ogden's Bankruptcy & Financial Restructuring practice counsels clients in all aspects of troubled credit situations, in and out of the bankruptcy courts and foreclosure lawsuits.

Our bankruptcy attorneys maintain a regional reputation for providing outstanding legal advice to all types of constituencies in insolvency situations. We provide distinct, full service capabilities to clients including business debtors, secured creditors, unsecured creditors, investors, committees and lessors.

Our experience includes the following:

  • Representation of lenders with respect to real estate loans, securitized loans and asset-based lender credit
  • Purchase and sale of assets or going concern businesses, in and out of bankruptcy
  • Debtor-in-possession lending
  • Litigation, including avoidance actions; lender liability; equitable subordination; validity, perfection, priority and enforcement of liens
  • Involuntary proceedings
  • Auctions, liquidations, going out business sales and assignments for benefit of creditors
  • Consumer-related issues including non-dischargability, lien avoidance, guarantor issues and defense of consumer statutory claims
  • Foreclosure and intellectual property insolvency
  • Foreclosure actions including those involving offices, warehouses, shopping centers, multi-family and real estate developments
  • Realty and equipment lessors’ issues

Work Highlights

Commercial Foreclosure

Represented major regional banks and community banks in foreclosures of office buildings, shopping centers, golf courses, subdivision property, multi-family residential properties, warehouses, manufacturing facilities and others. He served as local council for the Special Servicer for the Trust in two CMBS loan foreclosure actions one of which involved indebtedness of $31 million dollares secured by a shopping center which was sucessfully completed in August 2017 and the other involving indebtedness of $17 million dollars secured by a student housing complex and which was successfully completed in May 2018.

Reorganization, Refinancing and Acquisition of Major Healthcare Entity

Stoll Keenon Ogden represented a major healthcare services entity, its affiliated upstream and sister companies, its owners and its founding management team in comprehensive reorganization, refinancing and acquisition transactions totaling more than $300 million. The matters resulted in the closing of a senior secured term loan and  revolving credit facilities secured by owned senior care facilities in four states with a 9-member syndicate of commercial banks; the requisition of waivers, consents and estoppels from various property lessors on leased senior care facilities in four states; restructuring of upstream holding companies and combination of two upstream ownership groups and boards of managers; the creation of a management company; the introduction of healthcare facility management agreements; the migration of payroll and benefits for more than 7,000 employees; the related restructuring of multiple lease and debt financing and supplier relationships;  the creation and reorganization of multiple SPE organizations accompanied by extensive non-consolidation analysis and issuance of a substantive non-consolidation opinion to the lending syndicate; the exercise of purchase option and acquisition of multiple senior care facilities; the contribution of additional equity capital from the client’s majority owners; and the amendment and restructuring of multiple Master Lease and inter-creditor agreements.

Purchase of Bankrupt Bookseller

Represented a bookseller enterprise in its acquisition of another bookseller's assets in Kentucky and Ohio in a Section 363 Bankruptcy sale.

Bank Purchase of Outstanding Stock

Represented a bank in the purchase of all the outstanding stock of a trust company based in Danville, Kentucky.

Industry Involvement

American Bankruptcy Institute

National Conference of Bankruptcy Judges

Kentucky Bankers Association

CARE Program

Louisville Bar Association, bankruptcy section

Kentucky League of Cities

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