The Commercial Restructuring & Asset Recovery Team employs an interdisciplinary approach to formulate innovative solutions that protect our clients’ assets and interests within and without litigation and bankruptcy proceedings. We focus on maximizing clients’ recoveries and minimizing their investment of time and money in the restructuring and recovery process. When commercial transactions, projects or business plans go awry – as they often do in today’s volatile economic climate – we have consistently been able to untangle complex financial arrangements and achieve positive and cost-effective results. Our commitment to creative solutions and client satisfaction is unwavering.
Having represented numerous commercial lenders through several recessions and workout cycles since the inception of the firm in 1988, the Commercial Restructuring & Asset Recovery Group has developed extensive experience in the restructuring, modification, and enforcement of troubled commercial, real estate, corporate and asset-based credit facilities. The Group is composed of attorneys from our real estate, commercial lending, commercial litigation, and tax, groups who have decades of experience in several legal disciplines which may be required to develop and implement the strategy needed to respond to a nonperforming asset. We also tap resources from other practice areas including environmental, intellectual property and lender liability.
In addition, members of the team have extensive bankruptcy and receivership experience in both Rhode Island and Massachusetts courts. In the event a borrower pursues one of these options, we have the experience to counsel our client regarding the options available to aggressively pursue lifting of the stay and proceeding with liquidation of the collateral, or a strategy to maximize recovery under a Chapter 11 bankruptcy plan of reorganization or other bankruptcy proceeding. We also have experience in putting a receiver in place as a strategy for some creditors.
PS&H attorneys represent a broad range of financial institutions such as national banks, federal savings banks, state chartered banks, credit unions, national leasing companies, private equity firms, and other institutional lenders.
- Successfully defended numerous financial institutions and services in Massachusetts and Rhode Island state and federal courts in a wide variety of lawsuits arising out of claims for lender liability, unfair and deceptive trade practices, and violations of state and federal regulatory law
- Obtained multi-million dollar judgments against guarantors of commercial loans that were secured by real estate subject to numerous cross easements
- Successfully recovered all principal and interest due (more than five million dollars) on behalf of a loan participant in a federal court receivership arising out of a large commercial loan made by a failed Small Business Enterprise
- Workout and restructure of 200-plus unit condominium project involving historic tax credits, mechanics’ liens, construction and warranty-related issues
- Workout of defaulted commercial loan secured by a large shopping mall and long-term leases including actions to collect on guarantees and assignment of rents
- Represented lender with regard to foreclosure of three properties cross-collateralizing multiple loans, potential note sale by lender, and resolution of title issues relating to right of first refusal, priority of HELOC issues, condominium liens and mechanics’ lien issues
- Represented lender with regard to default, restructure and potential foreclosure of affordable housing project and resolution of priority and subordination of affordability restrictions
- Restructured several loans involving an operating golf course, country club, and vacant land owned by an affiliate
- Restructured numerous credit facilities and related mortgage loans for lenders and secured creditors involving real estate development, manufacturing, intellectual property, precious metals, boat building, restaurants, hotels, and shopping centers
- Represented secured creditors in Massachusetts and Rhode Island bankruptcy and receivership proceedings with regard to a wide range of projects including unfinished residential condominiums and development rights, commercial retail space, and multi-unit residential buildings
- Successfully foreclosed on residential subdivisions, manufacturing facilities, commercial and residential condominium projects, including development rights, office buildings and shopping plazas in Rhode Island and Massachusetts