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REPRESENTATIVE EXPERIENCE

David Weitman

Representation of post-petition financing entities of debtors in national bankruptcy proceedings

Representation of financial institutions in national retail bankruptcies, including Clothestime Stores, Inc., Homeland Stores, Inc., Fine Furniture, Inc., Retail Concepts, Inc., Babbages, Inc. (NeoStar, Inc.), Old America, Inc., and CompuAdd, Inc.

Representation of numerous purchasers of assets out of bankruptcy proceedings.

Representation of creditors in connection with enforcing their rights and remedies against discrete items of collateral in bankruptcy proceedings in numerous business contexts in litigation involving the automatic stay, adequate protection (use of cash collateral), appointments of Chapter 7 and Chapter 11 trustees, disclosure statement and confirmation hearings, extensive valuation and feasibility contests, and fraudulent conveyance and preference defense litigation.

Representation of a secured creditor with a first lien on a 100-acre grain elevator and terminal facility located on the Houston ship channel, in the debtor’s Chapter 11 proceeding, which involved multiple competing plans of reorganization.

Representation of commercial lessors in national retail bankruptcies and the bankruptcies of manufacturing and distribution companies.

Representation of aircraft lessors in the national bankruptcy proceedings of United Airlines, US Airways, Delta Air Lines, ATA Holdings, and Northwest Air Lines, with the myriad of issues relating to Sections 1110 and 365(d)(5) of the Bankruptcy Code, including strategies to maximize value, Section 1110(b) extensions, aircraft lease amendments, and allowance and payment of administrative claims and unsecured claims.

Representation of hedge funds in acquisition of distressed debt and thereafter collection on same in bankruptcy proceedings or out-of-court workouts throughout the United States.

Representation of Chapter 11 Trustee and later Plan Trustee in all facets, including, sales of assets, disclosure statement, plan confirmation, claims allowance, prosecution of causes of action (against officers and directors).
Representation of a mortgage company and a purchaser of $250 million of first lien loans on congregate care facilities from the RTC. In that regard we represented their interests in state court and bankruptcy proceedings to affect a foreclosure of their liens.

Serving as lead counsel in connection with a $140 million workout of a syndicated loan provided to a conglomerate of healthcare companies, secured primarily by the accounts receivable, cash deposits, inventory, equipment, books and records, and equity interests of approximately 50 affiliated loan parties of the borrower.  Representation of owners of hospitals in connection with effecting the sale of medical equipment and other assets through the Section 363 sale process.

Representing a global asset-based lender in connection with their second largest loans and charter agreements with a leading provider of maritime transportation services, which went into bankruptcy in February 2020 and emerged from bankruptcy in April 2020, resulting in the complete assumption of all of the client’s debt and executory contracts. This engagement involved analysing all loan and charter agreements for nearly 400 barges and vessels.

Representation of lenders to nursing homes and health care facilities in connection with the restructuring of their loans.

Representation of secured lenders in insolvency proceedings of exploration and production companies and oilfield service companies, including representing secured lenders in connection with contested cash collateral hearings, lift stay hearings, negotiation of restructuring and support agreements, auction sales of oilfield service equipment and inventory, out of court workouts, UCC sales of patent technology, and sale of oil and gas properties through Section 363 sale process.

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