Pendulum Swings Back Toward Lenders in Credit Bidding Disputes
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Pendulum Swings Back Toward Lenders in Credit Bidding Disputes
By Douglas Gooding and John Ventola, Practice Group Leaders & Arian Galavis, Associate, Choate, Hall & Stewart LLP
Over the past several years, secured lenders have faced greater uncertainty as to whether Bankruptcy Courts will permit them to credit bid their entire secured claim in asset sales under Section 363 of the U.S. Bankruptcy Code.
In the bankruptcy of Fisker Automotive Holdings Inc., an...
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John Ventola is co-chair of Choate, Hall & Stewart’s Finance & Restructuring Group. He focuses his practice on all aspects of loan workouts, restructurings, and bankruptcy proceedings, including cash collateral disputes, equitable subordination and recharacterization, Section 363 sales, and contested plans of reorganization. He also represents financial institutions in complex multitranche financial transactions. Ventola received his law degree, magna cum laude, from Boston College Law School and a bachelor’s degree, magna cum laude, from Boston College.
Arian Galavis is an associate at Choate, Hall & Stewart. He engages in general corporate matters for public and private companies; assists start-up and early-stage technology and life science companies in securing financing for research and product development; and assists private equity funds and their portfolio companies with equity investments, fund formation, and buyout transactions. Galavis holds an LLM in banking and financial law; a law degree, cum laude, from Boston University School of Law; and a bachelor’s degree, cum laude, from Pepperdine University.
Douglas R. Gooding is co-chair of Choate’s Business Department. He has more than 25 years of experience advising on financing and restructuring transactions, particularly on debtor-in-possession lending and senior, second lien, and mezzanine debt in complex restructurings. He also specializes in advising troubled companies in various industries, including healthcare and retail, and has extensive experience representing insurance providers in mass tort bankruptcy cases. Gooding has appeared in courts throughout the U.S. and Canada and has been appointed mediator in several bankruptcy disputes.
