Banking & Restructuring

The Banking & Restructuring Group at Levenfeld Pearlstein offers wide experience in the commercial lending and leasing areas, including the more obvious areas of commercial lending, asset-based lending, and real estate lending. We represent a highly diverse group of commercial lenders and leasing companies in both the documentation of credits and the working out and litigating of special assets. The group also represents purchasers of individual loans and loan portfolios.

Our clients include banks, finance companies, commercial leasing companies, and other commercial lenders, as well as private equity funds and individuals. Our lender representation in real estate-related loans is particularly significant, with experience in construction financing, permanent financing, mezzanine loans, and various hybrid finance products. Our attorneys are proficient in many esoteric areas including technology lending, industrial revenue bonds, condominium lending, contractor lending, construction lending, and financing of other lenders (e.g. mortgage-based lenders). Our team also offers a wealth of experience in understanding government-backed loans, including 7a, 504, B&I loan programs, construction, and “piggyback” programs offered through the U.S. Small Business Administration and the U.S. Department of Agriculture.

Levenfeld Pearlstein’s Banking & Restructuring Group has deep experience in all facets of assignments, bankruptcy, crisis management, out-of-court workouts, and receiverships. Our attorneys have led engagements across the United States and internationally.

Debtor and Creditor Representation

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Debtors: We regularly help distressed businesses manage their problems. We do this by negotiating favorable deals when possible and litigating when necessary. While litigation is rarely our first choice based on expense, we are well-equipped to fight when it is appropriate. We have successfully litigated virtually every issue that arises in bankruptcy, including: contested cash collateral and adequate protection disputes; post-petition financing contests; automatic stay disputes; and contested confirmation hearings.


Creditors: Our creditor representations are numerous and varied, and include:

  • Financial institutions: We have a long history of protecting banks’ interests when their loans go into default.
  • Commercial landlords: We work with many landlords when their tenants breach their leases.
  • Trade creditors: We represent trade creditors in a myriad of matters related to the extension of credit and collection of monies owed.

We also regularly defend creditors against preference and fraudulent conveyance actions.

Note Acquisitions and Dispositions

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Purchasers: One of our core strengths is representing sophisticated purchasers, including private equity and hedge funds in acquisitions of distressed businesses. We work closely with our Hedge Fund, Real Estate, and Private Equity groups to ensure that deals are completed efficiently and all compliance issues are handled correctly.

Hard Money Lending / Private Money Lending

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Whether you call it “hard money lending” or “private money lending,” there is no doubt you are assuming more risk and increasing the potential of litigation.

Levenfeld Pearlstein works with a wide range of hard money lenders, including real estate lenders, equipment lenders, commercial and industrial lenders, finance companies, conventional banks, and family offices to provide experienced counsel and hands-on support for:

  • Structuring the loan
  • Risk assessment
  • Drafting the right documents
  • Properly securing the collateral
  • Closing the deal
  • Default, forbearance and workout strategies, litigation (including bankruptcy), and disposition of the collateral assets once recovered.

We start by assessing the opportunity and risk based not only on the initial terms, but also on the likelihood of recovery – and timeline and costs – should the loan go into default.

Our ability to move quickly, to provide a single and experienced point of contact, and to have a single lead partner handle both the deal documents as well as the litigation and workout process makes LP your ‘go-to’ legal firm for private money lending.

Committee Representation

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Committees: Our attorneys have represented official and unofficial committees of creditors and equity holders in Chapter 11 cases across the United States.

Assignees, Receivers, Liquidating Trusts, and Bankruptcy Trustees: We have significant experience representing each of these. Our attorneys are frequent lecturers and authors in cutting-edge issues and are prominent members of various industry organizations.

ESOPs

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Levenfeld Pearlstein has extensive experience in the legal and financial issues involved in the formation and administration of Employee Stock Ownership Plans (ESOPs) and has represented clients throughout the United States in various aspects of ESOP transactions.

Our attorneys are nationally recognized for their experience in working with owners who have sold their business to an ESOP and for their skill in assisting ESOP companies in complying with the complex laws and regulations involved in the administration of their plans. Our attorneys also have experience restructuring companies wishing to form an ESOP to fully realize the preferential tax benefits available to them.

We have represented ESOP fiduciaries in various types of transactions involving ESOPs, including acquisitions and divestitures involving the plan sponsor and ESOP termination.

We also have experience working with various banking institutions in financing transactions involving ESOP companies.

Levenfeld Pearlstein is a member of the ESOP Association and the National Center For Employee Ownership (NCEO). Our ESOP attorneys have also lectured frequently on ESOPs and other employee benefit topics and have authored a treatise discussing the benefits of S corporation ESOPs.

LP prides itself on collaboration and transparency between our practice groups. Get to know a few more.