HunterMaclean's Financial Asset Management and Protection Group is a creditor-oriented specialty practice, encompassing loan restructuring and workout transactions, non-judicial and judicial enforcement actions, the acquisition and disposition of underperforming loans and loan portfolios, and the representation of creditor entities and committees in bankruptcy cases, both in local and in national jurisdictions.  Our Financial Asset Management and Protection Group is interdisciplinary and composed of lawyers with extensive commercial finance, commercial and residential real estate, environmental, corporate, bankruptcy and real estate litigation experience. We actively represent financial institutions and non-institutional holders of financial assets in a wide range of restructuring activities related to the following types of collateral: real estate, commercial paper, franchise businesses, leases, membership and partnership interests, timber holdings, and equipment.  The lawyers within our Financial Asset Management and Protection Group are devoted to bringing together the range and depth of experience and skills necessary to assist our clients in the management and protection of their financial assets.

Representative Engagements:

• Counsel to national lender in loan modification involving pledging of additional collateral through personal guaranties, deed to secure guaranty and tenant in common agreement.
• Counsel to regional lender on various underperforming loans, as well as the negotiation of forbearance agreements and loan modifications related thereto.
• Counsel to national lender in servicing its middle market loan portfolio, including modifying, assigning and terminating loan documentation and issuance of default letters.
• Counsel to national lender in a $30 million secured transaction for the financing of retail stores in fifteen states; including preparation of loan documentation, review of due diligence for each individual site loan, negotiation of ground lease agreements, corporate authority documents, and surveys and title work.
• Counsel to national lender on various aspects of credit facilities, including construction loans, bond financing, intercreditor agreements, IDOTS, UCC Article 9, credit tenant leases, ground leases, tenancies in common, CMBS loans, cross-collateralizations and defeasance transactions (Florida and NY style).
• Counsel to local, regional and national lenders in the negotiation of subordination and non-disturbance agreements with tenants throughout the United States.
• Counsel includes portfolio to single property transactions, several hundred thousand to in excess of $325 million in value, single 1031 like kind exchanges to multi-party tenant in common 1031 like kind exchanges, with subject property locations up and down the east cost from Florida to New York.
• Counsel to Debtor Durango Georgia Paper Company in Chapter 11 case pending in Southern District of Georgia.  The firm has advised the debtor throughout the reorganization process and currently represents the liquidating trustee in numerous adversary proceedings, primarily involving alleged fraudulent conveyances and preferences.
• Special litigation counsel to Chapter 7 Trustee in pursuing fraudulent conveyance action against the business partners of a debtor. Recovered over $750,000 in what was believed to be a no-asset case.
• Obtained relief from the automatic stay for a regional bank to permit foreclosure on a bottling plant property; the bankruptcy court agreed that the debtor's business plan was speculative and did not established that there was an effective reorganization in prospect.