Cases
Experience: Corporate Trust Services: Representation of indenture trustee in monetization of senior housing apartments
related offensive litigation against probate estate of obligor.
Representation of trustee in formation
administration of various qualified settlement funds established by bankruptcy debtors to resolve mass tort liabilities.
Representation of trustee in formation
administration of various liquidating trusts established to monetize settlement payments, limited partnership assets, corporate tax refunds,
other assets.
Representation of indenture trustee in municipal bond default relating to private educational institution, including creating liquidating trust to monetize real estate collateral for the benefit of bondholders.
Representation of indenture trustee in municipal bond default relating to senior housing facility, including working with company
bondholders to implement out-of-court, consensual monetization plan that resulted in payment in full of all bond obligations.
Representation of indenture trustee in municipal bond default relating to senior housing facility, including working with company
bondholders to devise consensual plan for remedying defaults.
Representation of indenture trustee in municipal bond default relating to a power plant facility, including litigation related to lien priorities against power plan assets.
Representation of trustee in cross-border restructuring of senior secured corporate notes involving Australian scheme proceeding
U.S. chapter 15 filing.
Defense of trustee against aiding
abetting breach of fiduciary duty claim in the Delaware Court of Chancery.
Defense of trustee against breach of contract
tort claims in South Carolina federal court, resulting in complete bench trial verdict (currently on appeal).
Representation of national bank in st
ardizing bailment
custodial agreements relating to mortgage securitization transactions.
Representation of trustee of unit investment trust in restructuring
sale of distressed winery assets.
Representation of trustee of unit investment trust as a third-party intervenor in foreclosure litigation, including obtaining right to pursue surplus sale proceeds.
Fraud Remediation
Asset Recovery: Representation of trustee in investigation, out-of-court restructuring,
monetization of illiquid trust assets stemming from $300 million fraud.
Representation of chapter 7 trustee in pursuit of claims against former officers
directors, secured lender,
merger partner relating to the fraudulent seizure of the debtor's assets, resulting in settlements exceeding $6 million.
Representation of trustee in offensive litigation in the Delaware Court of Chancery relating to a complex fraud
obtained $55 million preliminary injunction.
Representation of chapter 7 trustee in investigation of officer, director,
insider fraud claims.
Bankruptcy
Restructurings: Representation of creditors' committee in chapter 11 bankruptcy cases of Gulf Coast Health Care, LLC.
Representation of shipping broker in asserting administrative claim against chapter 11 debtor.
Representation of secured lenders in Article 9 foreclosure sale of distillery assets.
Representation of YouFit Health Clubs, a chain of fitness gyms, in its chapter 11 bankruptcy case, including 363 sale of all assets to secured lender.
Representation of equity owner in state law wind-down
dissolution of subsidiary.
Representation of secured lender to commercial farming operation, resulting in restructuring of loan
taking additional security (including wetl
credits) through state-law mediation.
Representation of l
lords in retail, fitness,
car rental bankruptcies, including negotiating lease assumptions
cure payments.
Representation of Shale Support Holdings, a frac s
supplier, in its chapter 11 bankruptcy case, including confirmation of a debt-for-equity plan of reorganization.
Representation of equipment lessors with claims exceeding $8 million in chapter 11 bankruptcy, resulting in order authorizing administrative expenses for debtors' continued equipment use.
Pro Bono: Representation of active-duty military member in residential real estate dispute.
Representation of Cameroonian family in asylum proceedings.
Representation of active-duty military member in child custody dispute, resulting in court order granting all requested relief.
Defense of youth soccer non-profit in litigation regarding unpaid field time, resulting in stipulated dismissal with prejudice.
The above representations were h
led by Mr. Kieselbach prior to his joining Greenberg Traurig, LLP.
