Davis Malm's financial restructuring and bankruptcy team represents secured and unsecured lenders to Chapter 11 debtors in possession, and is intimately familiar with the unique provisions of the Bankruptcy Code providing for priming liens and super-priority status for post-petition lenders, which are the circumstances necessary for such loans to be approved by the court. We help avoid the various pitfalls that may hamper such lenders without cautious and diligent representation. We also have extensive experience in successfully negotiating stipulations for use by a debtor in possession of an existing lender's cash collateral, and in negotiating for additional adequate protection for such lenders to permit such cash collateral use where necessary.
Representative Matters
- Represented secured lender investment houses in numerous hotel bankruptcies throughout the United States.
- Represented secured lenders to commercial and residential landlords, including shopping malls, which present unique cash collateral and debtor-in-possession financing issues.
- Represented commercial tenants of a bankrupt landlord faced with possible foreclosure by a secured lender and the rejection of the client's commercial lease.