REPRESENTATIVE EXPERIENCE
Richard has represented the following:
Insolvency Litigation
- A multinational electronics manufacturer in connection with prosecuting attachment proceedings in California.
- A Fortune 500 insurance company in a $32 million fraudulent conveyance action in Kansas Bankruptcy Court.
- Two Fortune 500 companies in defense of two multi-million dollar fraudulent conveyance and preference actions in The Tribune Company bankruptcy case in the Southern District of New York.
- A national consulting firm which prevailed in objecting to discharge and bad faith litigation in Florida Bankruptcy Court.
- Shareholder/creditors seeking re-characterization of their claims in West Virginia Bankruptcy Court.
- A public company which prevailed in the prosecution of fraudulent conveyance and re-characterization claims in American Arbitration Association proceedings in Columbus, Ohio.
- Both plaintiffs and defendants in numerous fraudulent conveyance and preference cases in multiple jurisdictions.
Bankruptcy Proceedings
- A multinational public company in connection with its role as the chair of the Official Creditors Committee and the largest creditor in the Delaware bankruptcy case of a customer.
- The sponsor of a plan of reorganization pursuant to which the client acquired the assets of the manufacturer of a pharmaceutical company.
- A national credit card processor in connection with negotiating cash collateral arrangements and pursuing collection of its processing fees in bankruptcy proceedings in Minnesota, Wisconsin, Delaware, and other jurisdictions.
- Creditors’ committees in Chapter 11 proceedings including that of a steel manufacturing business and a chain of discount stores.
- The purchaser in connection with its acquisition of multiple nursing homes by means of proposing and confirming a plan of reorganization in Chapter 11 bankruptcy proceedings.
- Several owners of multi-family apartment complexes in connection with their respective Chapter 11 proceedings.
- The secured lender in numerous Chapter 11 proceedings including those of the manufacturer and retailer of fine chocolate and confectionary products; the holding company and subsidiaries of a multi-state foundry operation; a large wholesale distributor of household goods; and a fixed-base operator and charter airline.
- Equipment lessor in connection with Chapter 11 proceedings of forging business.
- The debtor in connection with Chapter 11 proceedings of a manufacturer of metal halide lighting products, a trucking company, and an oil and gas producer.
- The trustee in numerous adversary proceedings to avoid fraudulent conveyances and recover assets from several related parties and entities.
- One of Ohio’s largest municipalities in connection with the Chapter 11 bankruptcy proceeding of thermal energy provider crucial to the citizens of the municipality.
Workouts
- Several secured lenders in connection with workout of credit facilities for numerous residential real estate developers; a temporary employment agency; an injection molding operation; and numerous other borrowers.
- The national syndicator/developer of low-income multifamily housing developments in connection with restructuring and workout of certain projects.
- A precision aviation parts manufacturer in workout of its loan with secured lender and eventual refinancing.
- The borrower in a workout of loans involving several parcels of real estate involving national lenders.
- Developers and partners of distressed shopping center projects.
- Numerous manufacturing companies in connection with restructuring loans with their secured lenders.
Receiverships
- The receiver in connection with its operation of certain hotel facilities.
- The receiver in connection with its operation of manufacturer of certain electrical components.
- The secured lender in receivership proceeding brought against plastic injection molding manufacturer.
- The secured lender in receivership proceeding brought against manufacturer of specialized coating machinery.
- The acquirer of real estate and businesses from receivers.
Distressed M&A
- Both purchasers and sellers in numerous successful court-approved sales of assets including, among many other businesses: metal manufacturing and processing companies; hotel owners and operators; a manufacturing and welding company; a private country club and golf course; and a company specializing in the production of railroad track and machinery.
- Sellers and purchasers in successful asset dispositions through the use of Article 9 of the Uniform Commercial Code, including a window manufacturer; accounts receivable factor and other businesses.