About Paul T. Musser

Paul Musser primarily helps institutional lenders and commercial finance companies to maximize their recovery in out-of-court workouts and in-court proceedings. He counsels secured creditors in bankruptcies, receiverships, fraudulent transfer actions and commercial foreclosures and helps his clients navigate distressed asset and business sales and acquisitions. Paul's diverse experience in both transactions and litigation matters involving middle-market loans informs a drive for practical, cost-effective solutions.

Practical, cost-effective solutions for distressed loans

Paul regularly represents senior secured institutional lenders, alternative lending institutions, administrative agents and bank groups involving middle-market loans and often in the context of leveraged buyouts. At the same time, Paul has a varied practice and represents corporate debtors pursuing wholesale restructuring, buyers looking to acquire distressed assets and businesses, receivers, trustees and the FDIC. Paul's experience spans several industries, including health care, retail, real estate, financial services, franchising and energy.

Paul has authored several articles for various publications addressing such issues as new-value Chapter 11 bankruptcy plans, litigation involving assets acquired under FDIC purchase and assumption transactions, and defenses to preference litigation involving payments of assumed liabilities in asset purchase agreements.

During law school, Paul served as note editor for the Indiana Law Review and was a member of the Order of the Barristers. He was an extern law clerk to the Honorable David F. Hamilton in the US District Court for the Southern District of Indiana. Paul also worked as a legal intern at the Neighborhood Christian Legal Clinic, where he successfully represented asylum applicants from Zimbabwe. He continues to help asylum applicants in partnership with the National Immigrant Justice Center as a part of his active pro bono practice.

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Practice Focus

  • Restructuring and workouts
  • Bankruptcy and receivership actions
  • Asset and business sales, inside or outside of court
  • Fraudulent transfer litigation seeking recovery or defending claims, inside or outside of bankruptcy
  • Commercial foreclosure litigation
  • Health care, real estate, financial services, franchising, retail and energy industries

Representative Experience

  • Lead counsel to national bank, as administrative agent to senior secured lenders, in workout of $50 million credit facility involving behavioral health care companies that included sale of five companies in Pennsylvania and North Carolina through UCC asset sale.
  • Represented national bank, as senior secured lender, in Chapter 11 bankruptcy case of stone panel manufacturer. Helped the client navigate a section 363 sale of all the debtors’ assets and dismissal of $30 million adversary proceeding alleging fraudulent transfer and preference actions. The client received full payment on its prepetition claim, plus certain post-petition fees.
  • Led insolvency team in representing commercial finance company, as senior secured lender, in workout of $45 million credit facility involving radiation and medical network that included the sale of numerous subsidiaries for $30 million as a part of a discounted payoff.
  • Led insolvency team in representing private investment firm in acquiring $25 million air care product line through UCC asset sale.
  • Led insolvency team in representing REIT in workout of two Illinois independent living facilities, while navigating diverse real estate and trust and estate issues and successfully acting as lead counsel in defending multiple state court breach of contract actions.
  • Represented national bank, as senior secured lender, in Chapter 11 bankruptcy case of direct mail companies and state court guaranty action regarding $10 million credit facility. Helped the client navigate a section 363 sale of all assets, a liquidation plan confirmation process and dismissal of an adversary proceeding alleging certain avoidance actions. The client received full payment on its prepetition claim, plus a substantial portion of its post-petition interest and attorneys’ fees.
  • Represented national bank, as senior secured lender, in obtaining more than $40 million in judgment against real estate developer involving commercial foreclosures, breach of loans and guaranties, as well as fraudulent transfers to a Cook Islands trust. Also oversaw post-judgment collection litigation that forced the individual into bankruptcy, where the parties negotiated a settlement that repatriated certain assets and liquidated certain commercial real estate.
  • Represented investment firm, as senior secured lender, in international pharmaceutical company’s Chapter 11 bankruptcy case that included a Canadian proceeding. Helped guide the client through debtor-in-possession financing and a successful $275 million credit bid for the company, while defending and resolving a recharacterization claim from the committee of unsecured creditors.
  • Represented private lender, as administrative agent to senior secured lenders, in Chapter 11 bankruptcy case regarding a $25 million credit facility for a branded and private-label BBQ company. Helped guide the client through the use of cash collateral, a section 363 sale of the debtors’ assets and a liquidation plan confirmation process.
  • Represented national bank, as senior secured lender, in Chapter 11 bankruptcy case regarding $35 million credit facility for a commodities shipper, as well as federal district court breach of guaranty action against principals. Guided the lender through the guaranty action, use of cash collateral, dismissal of adversary action against lender and a reorganization plan confirmation process.
  • Represented national bank, as administrative agent to senior secured lenders, in numerous restaurant and franchise financing workouts, including forbearance agreements, loan amendments, refinancings and sales involving restaurants such as Boston Market, Granite City, Hickory Tavern and Pepperjax.