Benesch’s Distressed Asset, Workout & Restructuring Strategy Team offers comprehensive representation and advisory services to banks and other financial institutions, businesses, real estate developers, borrowers and investors in connection with troubled loans and distressed assets across a wide range of complex financing structures. This includes bank-syndicated financings, bond financing transactions, real estate transactions and financings to borrowers in regulated industries.
The attorneys in Benesch’s Distressed Asset, Workout & Restructuring Strategy Team are adept at delivering strategic solutions in all phases of troubled loan resolution, including preventative maintenance and planning as part of a workout or in anticipation of bankruptcy or litigation, advising on foreclosure issues, performing thorough real estate and environmental due diligence on collateral, and advising on the realization and value of such collateral.
Our team’s deep experience enables us to craft timely, practical solutions for our clients, no matter the economic environment. We prioritize a cost-effective approach that upholds Benesch’s reputation for superior legal work without compromise.
Benesch’s Distressed Asset, Workout & Restructuring Strategy Team is led by partners Ross Kirchick and Jeffrey Wild, who also chair the firm’s Commercial Finance & Banking Practice Group and Real Estate Practice Group, respectively. A multi-disciplinary team of key attorneys from each of these groups, together with the Litigation, Insolvency & Creditors’ Rights and Corporate & Securities Practice Groups, completes our robust team.
Commercial Finance & Banking
Our team has extensive experience in documenting, negotiating and administering complex commercial loan and financing transactions and debtor-in-possession financing. Additionally, we regularly advise lenders on collateral disposition and other strategic collateral issues, as well as in the day-to-day maintenance of existing credit facilities and modifying existing loan documentation to accommodate changes in a borrower’s business and creditworthiness.
Insolvency & Creditor’s Rights
Our attorneys have vast experience in all facets of Chapter 11 and related insolvency litigation, including the use of cash collateral, the enforcement of secured creditors’ rights and interests in collateral, and advising lenders in troubled debt restructurings or loan workouts.
Benesch’s Real Estate Practice Group is well-versed in representing lenders and borrowers in real estate financing arrangements involving conventional financing, publicly assisted financing and tax credit financing, as well as in representing a range of clients in connection with the acquisition or disposition of all types of real property, including sophisticated multi-state transactions, portfolios of shopping centers, office and industrial buildings, and representing landlords, tenants, developers, lenders and other parties having an interest in real estate.
Represented a joint venture between a NYSE-listed REIT and a private equity fund in connection with a multijurisdictional deed-in-lieu of foreclosure and “friendly foreclosure”, pursuant to which a large shopping center that was situated on the border of two states was conveyed to the lender as part of two separate, but simultaneous transactions in order to avoid judicial foreclosure.