Our Services

Bankruptcy, Restructuring and Creditors' Rights

Secured Creditors

Bryan Cave’s representation of secured creditors is a historical strength of our firm. Many of our attorneys have dual specialties in structuring and documenting commercial loans and in restructuring loans in distress or default situations. We are called upon regularly to represent secured creditors in bankruptcy and non-bankruptcy restructurings, including many situations in which we were not involved with the initial loan documentation. Our clients include major banking and financial institutions, agents of syndicated credit facilities, indenture trustees for secured-debt issues, distressed-debt investors, hedge funds and equipment lessors.

In bankruptcy cases, we assist secured creditors with issues such as adequate protection, the use of cash collateral, relief from the automatic stay, challenges to the perfection and priority of liens, asset sales involving collateral and the restructuring of secured claims under plans of reorganization. We also regularly advise secured creditors in non-bankruptcy settings, including the structuring of complex loan facilities, the restructuring and refinancing of secured loans, forbearance agreements, foreclosure actions and the exercise of other state-law remedies.

Select Engagements

  • Represent the special servicers of more than $3.8 billion in secured claims against subsidiaries of mall operator General Growth Properties, Inc., in their Chapter 11 cases in New York;
  • Represent M&I Marshall & Ilsley Bank as secured creditor of DBSI Inc., a tenant-in-common syndicator, and approximately 250 of its affiliates, in Chapter 11 cases in Delaware;
  • Represented Countrywide Home Loans, Inc. and its affiliates as secured creditors in the Chapter 11 case of correspondent lender First Magnus Financial Corporation in Tucson, Arizona;
  • Represented Bridge Finance Group, LLC as senior secured lender in the Chapter 11 case of Pleasant Care Corporation, an operator of skilled-nursing facilities, in Los Angeles;
  • Represented Wells Fargo Bank, N.A. as secured creditor of a commercial dairy operation in its Chapter 11 case in Phoenix;
  • Represent HVB Bank as secured lender in the Chapter 11 case of Brooke Insurance Companies in Kansas City, Kansas;
  • Represent First Bank Business Capital, Inc. as secured lender in the Chapter 11 case of Agriprocessors, Inc., a processor of Kosher beef and chicken, in Cedar Rapids, Iowa;
  • Represented M&I Bank as secured lender in a workout and Chapter 11 cases of real-estate company Namwest LLC and several affiliates in Phoenix;
  • Represented Pacific National Bank as secured lender in the Chapter 11 bankruptcy case of Sunset AAO, LLC, owner of a real-estate project in Santa Monica, California.