Restructuring & Loan Workout Print This Page

Our Restructuring & Loan Workout Group was formed to address the evolving needs of the financial services industry. The Group represents lenders, general creditors, borrowers, landlords and tenants in matters relating to the review, restructuring and workout of financial transactions, reorganizations, liquidations, mortgage foreclosures, sheriff’s sales, and bankruptcy and receivership proceedings.

Obermayer’s lawyers bring extensive experience in banking, real estate, restructurings, workouts, health care, bankruptcy, public finance and litigation to a variety of clients including: financial institutions; governmental and public departments and agencies; real estate owners, developers and investors; health care institutions and businesses; corporate clients; and public utilities.

Obermayer is known throughout the region for expertise with financial matters and our attorneys are prepared to manage a variety of issues. Whether clients are seeking assistance with the negotiation and redrafting of swap agreements to address issues relating to the termination, amendment or substitution of parties in derivative transactions or tax analysis relating to restructuring and workout transactions, we are ready to guide our clients, and their subsidiaries, to an efficient resolution.

Additionally, we are also prepared to act as bond counsel, underwriter’s counsel or trustee’s counsel in the refunding and restructuring of public and municipal finance transactions, including tax-exempt and taxable bond issues, auction rate bonds and variable and fixed rate bonds.

We also have experience in the following areas:

  • Representation of financial institutions and others in the negotiation and modification of loan documents to address troubled loans and related collateral

  • Enforcement of rights of financial institutions with respect to nonperforming loans

  • Representation of lenders or issuers in restructuring or refunding direct pay letter of credit bond transactions or in the substitution of letter of credit providers

  • Representation of buyers, lenders and sellers in the acquisition and disposition of non-performing commercial real estate properties

  • Representation of health care institutions in workouts and debt restructuring

  • Representation of landlords and tenants in the restructuring of debt and adapting properties to new economic conditions

  • Crisis management of problems arising from workout and bankruptcy proceedings

  • Enforcement of creditors’ rights, including realization upon collateral, collection on guarantees, defense against fraudulent transfers and preference causes of action in bankruptcy and state courts