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Return to Practices Return to Bankruptcy and Restructuring
Title

Bondholder, Lender and Other Creditor Representations

Description
Renowned for our success in leading negotiations and attaining consensus among parties with competing interests, we are often the first choice of bondholders, lenders and other creditors.
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  • Overview
  • Team
  • Perspectives
  • Recognition
  • Kramer Levin Bankruptcy and Restructuring lawyers have decades of experience representing bondholders, lenders and other nonfinancial creditors including trade creditors in many of the largest bankruptcy cases and out-of-court restructurings in history, beginning with matters such as Lehman Brothers, American Airlines, Eastman Kodak and Owens Corning, to name a few.  

    We are well-known for our ability to attain consensus among parties with competing interests, optimize client relationships with debtor companies, and secure maximum claims valuations and recoveries for our clients. Our lawyers have achieved winning results for clients in many recent high-profile bankruptcies, including:

    • Caesars Entertainment Operating Co.
    • Peabody Energy Corp.
    • Energy Future Intermediate Holding Co.
    • Molycorp Inc.
    • Takata
    • Gymboree
    • Dewey & LeBoeuf
    • RCS Capital
    • Aeropostale

    Collaborating with lawyers in our Corporate, Banking and Finance, Tax, and Real Estate practices, we structure, negotiate and document loan transactions, including:

    • Exchange transactions
    • Credit agreements
    • DIP loans
    • Covenant analyses
    • Mezzanine loans
    • Second lien loans
    • Bridge loans
    • Acquisition facilities
    • Exit financings
    • Standstill agreements

    Our team analyzes capital structures, including indentures, intercreditor agreements, and other credit and security documents, to provide our clients with practical strategies that enhance leverage and recoveries. We have demonstrated success on the enforcement of creditors’ rights related to senior and subordinated debt priorities; no-action clauses, compelling indenture trustees to take actions; and covenant defaults while minimizing the risk that our clients face.

    We partner with our clients to develop creative solutions for creditors through various structures, including debt-for-equity exchanges, loan transactions and other capital investments in distressed companies. We also represent nonfinancial creditors, such as suppliers, contract counterparties and other trade creditors, in negotiating and defending contractual rights with companies  —  crafting creative solutions, including financing and other operational support, while the company navigates its distressed period. Our breadth of experience across industries and litigation capacity enables our team to protect creditors’ rights across the capital structure with a focus on maximizing value for all stakeholders.

    Defining Matters

    • Kramer Levin Steers Subaru and Mazda Through Takata Restructuring

      Kramer Levin represented two large original equipment manufacturers (OEMs), Subaru and Mazda, in connection with the global restructuring of Takata Corp., the Japanese automotive supplier subject to the largest recall in history for its faulty air bag inflators.
    • Puerto Rico Bondholders Win Landmark Appeal

      On Aug. 8, 2018, the U.S. Court of Appeals for the First Circuit upheld the right of Kramer Levin’s bondholder clients to seek a receiver for the Puerto Rico Electric Power Authority (PREPA) — the first appellate court in the history of municipal bankruptcy to do so. The First Circuit reversed U.S. District Judge Laura Taylor Swain, who presides over all proceedings under Title III of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA).
    • Retail industry swoons

      While retailers are accustomed to market fluctuations, fickle customers and waiting until the fourth Friday in November to turn a profit, they face increasingly strong headwinds and complex challenges to compete and stay relevant in today’s marketplace. Among the biggest challenges to brick-and-mortar establishments are the disruptive effects of e-commerce and shoppers’ desire for more engaging and personalized in-store experiences. Toys R Us is a case in point. ... Kramer Levin, representing the unsecured creditors committee in Toys R Us, has a key role in preserving the rights of vendors, landlords and other creditors as well as in maximizing the ongoing business value of Toys R Us’ international operations.
    • Energy sector not out of the woods yet

      U.S. corporate bankruptcy and restructuring activity was dominated by the energy sector in 2017 as oil and coal prices struggled to recover from their 2016 troughs, putting pressure on producers, field services companies, and midstream and upstream companies alike. In addition, independent power producers faced renewed headwinds from stagnant consumer demand and a lack of pricing power. The energy industry is certainly no stranger to volatility and cyclical highs and lows. Throughout the ups and downs in the sector, Kramer Levin’s Bankruptcy and Restructuring team has been actively engaged in the most significant and complex cases, leading negotiations and finding consensual solutions.
    What really sets them apart is … a very acute sense of the economics of a proposal and how it will impact on holders. They're looking to get you the best economic outcome possible.
     — Client quote, Chambers USA

    Practice Contacts

      • Kenneth H. Eckstein

        • Partner
        • Partner, Co-Chair, Bankruptcy and Restructuring
        • New York
        • keckstein@kramerlevin.com
        • T 212.715.9229
        • F 212.715.8229
      • vcard
      • Thomas Moers Mayer

        • Counsel
        • New York
        • tmayer@kramerlevin.com
        • T 212.715.9169
        • F 212.715.8169
      • vcard
      • Amy Caton

        • Partner
        • Partner, Co-Chair, Bankruptcy and Restructuring; Chair, Municipal and Infrastructure Special Situations
        • New York
        • acaton@kramerlevin.com
        • T 212.715.7772
        • F 212.715.8000
      • vcard
      • Daniel M. Eggermann

        • Partner
        • Partner, Co-Head, Distressed Investing
        • New York
        • deggermann@kramerlevin.com
        • T 212.715.9495
        • F 212.715.8495
      • vcard
      • Adam C. Rogoff

        • Partner
        • Partner, Bankruptcy and Restructuring; Co-Head, Health Care
        • New York
        • arogoff@kramerlevin.com
        • T 212.715.9285
        • F 212.715.8265
      • vcard
      • Robert T. Schmidt

        • Counsel
        • New York
        • rschmidt@kramerlevin.com
        • T 212.715.9527
        • F 212.715.9528
      • vcard
    • Perspectives

      • Category
        Announcements
        Date
        June 03, 2024
        Title
        Kramer Levin Expands Special Situations Practice With Addition of Partner Robert (Bodie) Stewart
        Read More
      • Category
        Announcements
        Date
        Jan. 08, 2024
        Title
        Kramer Levin Names Amy Caton Co-Chair of the Firm’s Bankruptcy and Restructuring Practice
        Read More
      • Category
        Defining Matters
        Date
        March 03, 2023
        Title
        Kramer Levin Retained by Ad Hoc Group of First Lien Lenders to the Diamond Sports Group
        Read More
      • Category
        Defining Matters
        Date
        May 03, 2021
        Title
        Valaris Successfully Emerges From Chapter 11
        Read More
      • Category
        Announcements
        Date
        Dec. 01, 2020
        Title
        Kramer Levin Recognized by Law360 with Practice Group of the Year Designations for Real Estate and Bankruptcy and Restructuring
        Read More
      • Category
        Defining Matters
        Date
        Sept. 10, 2020
        Title
        Kramer Levin Advises Bondholders in $500 million DIP Loan to Valaris plc in Connection with Ch. 11 Filing
        Read More
      • Category
        Defining Matters
        Date
        June 06, 2019
        Title
        Kramer Levin Steers Subaru and Mazda Through Takata Restructuring
        Read More
      • Category
        Defining Matters
        Date
        June 06, 2019
        Title
        Puerto Rico Bondholders Win Landmark Appeal
        Abstract
        On Aug. 8, 2018, the U.S. Court of Appeals for the First Circuit upheld the right of Kramer Levin’s bondholder clients to seek a receiver for the Puerto Rico Electric Power Authority (PREPA) — the first appellate court in the history of municipal bankruptcy to do so.
        Read More
      • Category
        Announcements
        Date
        July 23, 2018
        Title
        Kramer Levin Wins Three Turnaround Atlas Awards: Turnaround of the Year, Chapter 11 Restructuring of the Year and Corporate Turnaround of the Year
        Read More
      • Category
        Defining Matters
        Date
        2018
        Title
        Energy sector not out of the woods yet
        Read More
      • Category
        Defining Matters
        Date
        2018
        Title
        Retail industry swoons
        Read More
      • Category
        Defining Matters
        Date
        2018
        Title
        The largest auto industry recall in history
        Read More
      • Category
        Media Mentions
        Date
        Sept. 25, 2017
        Title
        The Bond Buyer: PREPA Bondholders Deny Disclosure Claims
        Read More
      • Category
        Announcements
        Date
        Nov. 17, 2016
        Title
        Indenture Trustee and Second Lien Bondholders Win Make-Whole Appeal in EFIH Bankruptcy
        Read More
      • Category
        Announcements
        Date
        March 02, 2016
        Title
        Kramer Levin Represents Funds in $4.65 Billion Argentina Bond Litigation Settlement
        Read More
      • Category
        Media Mentions
        Date
        Feb. 02, 2016
        Title
        The New York Times: A Warning on Bankruptcy in Puerto Rico’s Debt Crisis
        Read More
      • Category
        Announcements
        Date
        July 07, 2015
        Title
        Kramer Levin Wins First Circuit Appeal Declaring Puerto Rico’s Restructuring Act Unconstitutional
        Read More
      • Category
        Announcements
        Date
        Feb. 07, 2015
        Title
        Kramer Levin Clients Franklin and Oppenheimer Have Big Win With Puerto Rico Recovery Act Declared "Unconstitutional"
        Read More
      • Category
        Announcements
        Date
        Nov. 07, 2014
        Title
        City of Detroit Adjustment Plan Confirmed in Largest Municipal Bankruptcy Case in U.S. History
        Read More
      • Category
        Defining Matters
        Title
        Settlement Reached on EFH Bankruptcy Following Appeals Court Victory
        Abstract

        For more than three years, Kramer Levin lawyers representing holders of approximately $2.2 billion of second-lien notes in the bankruptcy of Energy Future Intermediate Holding Co. LLC (EFIH), a subsidiary of Energy Future Holdings (EFH), produced a string of successes, which was capped by victory in an appeal to the U.S. Court of Appeals for the 3rd Circuit and a subsequent settlement.

        Read More
      • Category
        Defining Matters
        Title
        U.S. Bankruptcy Court Confirms Chapter 11 Plan for Caesars Entertainment
        Abstract

        On Jan. 17, 2017, the U.S. Bankruptcy Court for the Northern District of Illinois confirmed the Chapter 11 plan of reorganization for Caesars Entertainment Operating Co. Inc. and its affiliated debtors, following more than two years of protracted bankruptcy proceedings, litigation and negotiations.

        Read More
    • Recognition

      Year
      2005 – 2025
      Name
      Chambers USA/Chambers Global
      Description
      Recognized for Bankruptcy and Restructuring in Chambers USA (2005 – 2024) and Chambers Global (2006 – 2025)
      Year
      2009 – 2024
      Name
      Legal 500 US
      Description
      Ranked in Top Tier for Restructuring (Including Bankruptcy): Municipal (2019 – 2024); Recognized for Restructuring and Bankruptcy (Including Bankruptcy): Corporate (2024); Corporate Restructuring Law Firm of the Year (2014, 2022)
      Year
      2018
      Name
      Global M&A Network’s Turnaround Atlas Awards
      Description
      Chapter 11 Restructuring of the Year ($5 billion – $15 billion) for the restructuring of Peabody Energy Corporation
      Year
      2018
      Name
      Global M&A Network’s Turnaround Atlas Awards
      Description

      Turnaround of the Year (above $10 billion) for the reorganization for Caesars Entertainment Operating Company Inc. and its affiliated Debtors

      Year
      2018
      Name
      Global M&A Network’s Turnaround Atlas Awards
      Description

      Corporate Turnaround of the Year ($5 billion – $15 billion) for the restructuring of CHC Group Ltd.

      Year
      2010-2014
      Name
      U.S. News & World Report and Best Lawyers’ Best Law Firms
      Description
      Tier 1 for Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (National)
      Year
      2010 – 2025
      Name
      U.S. News & World Report and Best Lawyers’ Best Law Firms
      Description
      Tier 1 for Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (New York: 2010 – 2025); Recognized for Bankruptcy Litigation (National: 2023 – 2025; New York: 2015 – 2025); Bankruptcy Litigation Law Firm of the Year (2011 – 2012)
      Year
      2017
      Name
      M&A Advisor’s Turnaround Awards
      Description
      Utilities Deal of the Year Award for the Representation of the Major Bondholder Group in the Debt Restructuring of Puerto Rico Electric Power Authority (PREPA) (Representing the Major Bondholder Group)
      Year
      2017
      Name
      M&A Advisor’s Turnaround Awards
      Description
      Restructuring Deal of the Year Award (>$10bn) for the Representation of the Major Bondholder Group in the Debt Restructuring of Puerto Rico Electric Power Authority (PREPA)
      Year
      2014
      Name
      M&A Advisor’s Turnaround Awards
      Description
      Bankruptcy Law Firm of the Year

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