We are nationally known for our work representing financial institutions in their capacity as indenture trustee, collateral agent and administrative agent. Our attorneys represent the capital markets both at the time of the debt issuance and post-default.
In the default context, our team is known for the active role we play in maximizing recovery for all bondholders, while at the same time ensuring that the indenture trustee is fully protected.
Recognizing the importance of bondholder-trustee communication, our team will from time to time create web pages where holders of particular debt securities issued by certain reorganizing entities can access certain publicly available information of significance. Our current informational pages are listed below.
Our experience representing indenture trustees includes the following:
- Project finance bankruptcies, including General Motors, as well as several energy facility bankruptcy cases.
- Bankruptcies involving asset backed securities.
- Trust preferred securities in various bank holding company bankruptcies, including extensive litigation involving the structure of trust preferred securities.
- Cross border bankruptcies, including Smurfit Stone and Escada.
- Defense of indenture trustees in suits alleging breach of fiduciary duty.
- Litigation involving several significant issues for financial institutions, including:
- Intercreditor subordination issues.
- Recharacterization of a sale leaseback transaction.
- Disputes involving contract interpretation of an indenture.