Articles Editor and Staff Editor, John Marshall Review of Intellectual Property Law
University of Colorado Boulder, B.A., English and Political Science, 2008
The simplest way to describe my practice is that I get involved when a deal has gone bad. I have represented banks, secured lenders, and creditors of all types in connection with a wide variety of distressed financial transactions. I routinely handle out-of-court debt restructurings, foreclosures, receiverships, assignments for the benefit of creditors, bankruptcies, as well as financially based litigation. No two matters in these areas are alike, and that is precisely what makes it enjoyable. Every new matter is an opportunity to dive into a new deal, industry, or problem and find an effective and efficient solution.
Because my involvement usually begins after a transaction has taken a turn for the worse, my goal is always to try and make the best of the situation. I use my past experiences and the numerous kinds of resolutions I have achieved and apply them to helping my clients find solutions that fit their businesses and goals.
My experience in Creditors’ Remedies and Bankruptcy primarily focuses on foreclosures, receiverships, bankruptcies, and litigation involving financial transactions, but it is not uncommon that a single matter may touch on two or more of these areas before it is resolved. In the foreclosure space, I have represented banks, and other lenders, in connection with commercial foreclosures of a variety of property types, both in and out of court. I have been involved in many receivership matters, both on behalf of the lender seeking their appointment, as well as serving as counsel to the receiver and assisting the receiver in its duties. In the bankruptcy context, I have represented a wide variety of constituents including landlords, secured lenders, lessors, asset buyers, preference defendants, and unsecured creditors.
Prior to joining Winthrop, I served for five years as Judicial Clerk to Chief Judge Gregory F. Kishel and Judge William J. Fisher, both of the United States Bankruptcy Court in the District of Minnesota.
Represented special servicer of CMBS loan in connection with the foreclosure of a 100-key hotel property with attached restaurant, which included the appointment of a receiver, confirmation of the sale where the lender was the high bidder, and the subsequent registration of title to the property.
Represented a lender in connection with a forbearance agreement for a loan secured by a 170-key hotel, which included obtaining consent of mezzanine lender and flag holder.
Represented bank in connection with the foreclosure of a historic tax credit redevelopment project, which included obtaining the appointment of a receiver to complete the project and preserve the tax credits, dismissing of an intervening bankruptcy case, and dismissing intervening appeals.
Represented receiver in connection with the liquidation of a defunct construction company, which included the liquidation of equipment, collection of accounts receivable, and resolution over dispute regarding trust funds.
Represented the assignee in an assignment for the benefit of creditors of 23 skilled nursing facilities, which included the collection of accounts receivable, the sale of real property, litigation against insiders, establishing a claims process, objections to claims, and distributions to creditors.
Represented buyer in bankruptcy case for the acquisition of intellectual property as part of a contested 363 sale, which included defending depositions, obtaining a 363(m) good faith buyer finding, as well as negotiating an asset purchase agreement and litigation indemnification agreement.
Represented bank in successful prosecution of a Motion for Relief from the Automatic Stay in a case in which the individual debtor transferred all assets belonging to his corporation to himself on the eve of filing for bankruptcy.
Represented several different defendants in connection with preference adversary proceedings, including the successful assertion of the new value and ordinary course of business defenses.
Successfully defended bank in litigation over alleged conversion of trust funds brought by surety of the borrower-construction company.
As a bankruptcy law clerk, worked on case that was the result of a multi-billion dollar Ponzi scheme and was the largest bankruptcy case in Minnesota history, which generated case law on multiple issues of first impression.
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