Andrew J. Flame represents secured creditors, lessors, unsecured creditors’ committees, debtors and purchasers in bankruptcy, workouts and collections. He counts NYSE-listed lenders and insurers among his clients and has represented creditors and purchasers in, among others, The Sports Authority, GT Advanced Technologies, Kmart and Philadelphia Newspapers (The Philadelphia Inquirer) bankruptcy cases.
Andrew commonly represents lenders in complex commercial foreclosures of real and personal property in Pennsylvania and other states, and has managed UCC sales for creditors, including a recent UCC sale of secured and unsecured consumer promissory notes securing a $30 million loan. His background in complex commercial litigation has benefited him in federal and state court appearances.
Andrew has a long history of involvement in community service and was a founder, in conjunction with a youth organization, of a summer camp for economically disadvantaged children. He has presented drug and alcohol and drunk-driving prevention programs to youth groups in seven states and served as a member of the Cheltenham Township (Pennsylvania) Drug, Alcohol and Mental Health Commission. Andrew has also served as the President of Reform Congregation Keneseth Israel in Elkins Park, Pennsylvania, a religious institution of 1100 families founded in 1857.
- Represent national banks, financial institutions and other lenders in collection and real estate foreclosure, loan modification and workout matters.
- One week Federal court trial resolving insurance dispute, culminating with judgment for insurance premium finance client and satisfaction of client’s multimillion-dollar claim.
- Three day state court trial resulting in turnover of converted hotel property.
- TRO hearings, state court and bankruptcy court trials, and related proceedings concluding in foreclosure of 1200+ acre Mount Airy Lodge resort in Pocono Mountains.
- Represent trustees and special servicers of publicly-traded secured debt in foreclosure of collateral and collection of loans in amounts up to $32 million.
- Obtained summary judgment and collection of $2+ million outstanding secured loan and deficiency in state court.
- Prosecuted collection actions in multiple jurisdictions on loans of $3+ million to multiple affiliated borrowers and guarantors culminating in agreement providing for certain deeds-in-lieu and judgments and workout of certain other projects.
- Foreclosed hotels, shopping centers, golf courses, resorts, office complexes, manufacturing facilities, apartment complexes and other commercial and residential properties.
- Represent lenders in complex judicial and non-judicial commercial foreclosures of real and personal property in and outside of Pennsylvania.
- Enforce guaranty and deficiency obligations.
- Effectuate execution on domestic and foreign (transferred) judgments in state and federal courts.
- Negotiate and document deed-in-lieu, workout and forbearance agreements.
- Obtain appointment of receiver for real and personal property in various state and federal courts.
- Represent court-appointed receivers.
- Second-chaired federal court employment discrimination jury trial ending in defense verdict for client, a Fortune 200 company.
- Obtained summary judgment for publisher of medical journal in medical malpractice action.
- Commenced and prosecuted replevin actions and obtain Writs of Seizure for collateral and converted property.
- Obtained pre-bankruptcy injunction for one of nation’s largest commercial finance companies prohibiting sale of client’s retail collateral by borrower (client’s largest independent appliance dealer with more than 30 locations). Represent same client in borrower’s subsequent bankruptcy proceeding and liquidation.
- Represent lenders’ agent in $330 million syndicated loan transaction in high-profile, precedent-setting publishing industry bankruptcy case, In re Philadelphia Newspapers, LLC. Participate and all aspects of litigation, including in appellate briefing, in Bankruptcy Court, District Court and Third Circuit Court of Appeals.
- Provided creditors’ rights advice to agents on syndicated loan transactions in default.
- Primary bankruptcy counsel to national (a) commercial truck leasing and logistics company, (b) temporary employee/executive search company, (c) facilities maintenance provider.
- Conducted UCC Article 9 sales, including UCC sale of $30 million portfolio of consumer loans.
- Represented international client in sale of $100+ million of claims to international financial services company in high profile bankruptcy case.
- Represent one of nation’s largest insurance brokers/consultants as creditor, post-petition consultant and preference defendant in bankruptcy cases in multiple jurisdictions and in related matters.
- Represented national large-box retailer in acquisition of more than 40 leased and fee-owned locations from bankruptcy debtors.
- Serve as National bankruptcy and collection counsel to NYSE-listed holding company and its 40+ U.S. subsidiaries, which constitute global leader in commercial mechanical and electrical construction, facilities services, HVAC management, life safety solutions, and energy systems design.
- Served as National bankruptcy and collection counsel to publicly-traded, independent healthcare equipment finance company.
- Represented utility company in bankruptcy of landlord and sole purchaser of power from hydro-electric project, including negotiated rights to permit client to connect to electric utility grid.
- Represent creditors and purchasers in, among others, Sports Authority, GT Advanced Technologies, General Motors, Chrysler, Kmart, Montgomery Ward and Ameriserve bankruptcy cases.
- Negotiate cash collateral and debtor-in-possession financing agreements and orders.
- Bankruptcy court hearings and trials on multitude of bankruptcy issues including conversion to Chapter 7, use of cash collateral, debtor-in-possession financing, relief from automatic stay, asset valuation, lease recharacterization, lien validity and priority, and adequate assurance of future performance.
- Prosecuted and defended hundreds of adversary proceedings asserting Chapter 5 avoidance actions.
- Advised manufacturer of construction products in acquisition of assets of affiliated companies subject to assignments for benefit of creditors in multiple states.
- Represent creditors and purchasers in assignments for benefit of creditors (“ABC”) in states with and without comprehensive statutory ABC schemes.
- Coordinated bankruptcy and non-bankruptcy due diligence for prospective purchase of operating nursing home facility at foreclosure sale.
- Advised lender on effectuating plan for preserving going-concern value of multimillion-dollar manufacturing business through coordinated UCC sale of personal property and deed-in-lieu transaction for real property.
- Effectuate UCC public and private sales and negotiate acceptance of collateral in partial satisfaction of debt.
- Advise asset purchasers and equity participants in transactions with bankrupt and/or insolvent sellers.
- Provided insolvency-related advice to Pennsylvania public utility, including advice related to proposed solar energy field project and foreclosure of parcels constituting power plant community buffer area.
- Insured “Just-In-Time” receipt by client (one of Philadelphia’s largest manufacturers) of most critical manufacturing component from insolvent vendor, client’s access to its raw materials in vendor’s possession, and alternatives for processing and delivery of client’s raw materials upon eviction of vendor by its landlord.
Awards Methodology (www.drinkerbiddle.com/content/awards)
Andrew Flame is commended for his ‘fine performance’ in corporate restructuring, insolvency and related litigation.Chambers USA (2013)
Andrew Flame tackles complex litigation and advises clients including creditors and purchasers on bankruptcy issues. He is deemed a 'very persistent, detailed practitioner who leaves no stone unturned.'Chambers USA (2015)
- New Jersey
- New York
- Temple University Beasley School of Law, J.D., 1993, magna cum laude
- Pennsylvania State University, B.S., 1990, with distinction
- U.S. Court of Appeals, Third Circuit
- U.S. District Court, District of Columbia
- U.S. District Court, District of Delaware
- U.S. District Court, District of New Jersey
- U.S. District Court, Eastern District of Pennsylvania
- U.S. District Court, Middle District of Pennsylvania
- American Bankruptcy Institute
- Eastern District of Pennsylvania Bankruptcy Conference
- Pennsylvania Bar Institute