Paul T. Musser

Representative Experience

• Lead counsel for a national bank, as administrative agent for senior secured lenders, in out-of-court workout and Chapter 11 bankruptcy case involving behavioral health care companies in Massachusetts, Pennsylvania, North Carolina and Georgia, helping client navigate several Article 9 UCC sales, multiple Section 363 bankruptcy sales, negotiations with state and federal authorities regarding COVID emerging funding and tax obligations, as well as confirmation of liquidating plan.
• Lead counsel for national bank, as senior secured lender, in lawsuits against a solar panel finance company and its principals for breach of loan and guaranty, fraud, fraudulent transfer and conversion, obtaining multi-million-dollar judgments and turnover of multiple lease and loan portfolios and oversaw their subsequent rehabilitation and sale. Successfully transferred venue and converted owner’s bankruptcy case to a chapter 7, while obtaining a non-dischargeability order.
• Lead counsel for a national bank, as administrative agent to senior secured lenders, in state court receivership action over contract beverage manufacturer and provider of private label beverage products, successfully obtaining writ of attachment, appointment of receiver, and navigating contentious sale of business while preserving the company as a going concern to maximize the lenders’ recovery.
• Lead counsel for receiver over company that provided direct funding for commercial work trucks, trailers, construction and agricultural equipment in Illinois state court proceedings, overseeing a successful court-approved sale process.
• Lead restructuring counsel for senior secured lender’s out-of-court workout and restructuring of ophthalmology practices and surgery centers through proxy exercise, change of control transactions and post-closing combination.
• Routinely representing a national bank, as agent and senior secured lender, in numerous health care real estate out-of-court workouts involving senior living and life science properties throughout the United States through forbearance agreements and loan amendments as well as refinancing and distressed sale transactions.
• Lead counsel for a national bank in receivership action and Chapter 11 bankruptcy case involving an outdoor apparel company, helping client to challenge third-party DIP financing, obtain relief from stay of prepetition accounts receivable and inventory, and confirm reorganization plan.
• Lead counsel for a national bank as senior secured lender in federal court receivership case of detention and security companies, helping client to liquidate assets and negotiate several settlements with receiver and various sub-contractors to aid in client’s recovery.
• Lead insolvency counsel for commercial finance company, as senior secured lender, in out-of-court workout of radiation and medical network that included the sale of numerous subsidiaries.
• Lead insolvency counsel for a private investment firm in acquiring an air care product line through an Article 9 UCC sale.
• Lead counsel for an REIT in workout of two Illinois independent living facilities, while navigating diverse real estate as well as trust and estate issues and successfully acting as lead counsel in defending multiple state court breach of contract actions.
• Represented a national bank, as senior secured lender, in obtaining more than $40 million in judgment against a 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 a national bank, as senior secured lender, in a Chapter 11 bankruptcy case of a commodities shipper, as well as a 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 the lender, and confirmation of the reorganization plan.
• Represented a national bank, as senior secured lender, in the Chapter 11 bankruptcy case of a stone panel manufacturer, helping the client navigate the Section 363 bankruptcy sale and dismissal of a $30 million avoidance action against the lender.
• Represented a bitcoin mining manufacturer in successfully defeating involuntary chapter 7 petition and motion to appoint chapter 7 trustee, as well as guiding debtor through Section 363 bankruptcy sale and chapter 11 case.
• Represented a national bank, as senior secured lender, in a Chapter 11 bankruptcy case of direct mail companies and state court guaranty action, helping client navigate a Section 363 bankruptcy sale, confirmation of liquidating plan and dismissal of avoidance actions.
• Represented a private lender, as administrative agent for senior secured lenders, in the Chapter 11 bankruptcy case of a branded and private-label BBQ company, helping the client navigate the Section 363 bankruptcy sale and confirmation of the liquidating plan.
• Represented a national bank, as administrative agent for senior secured lenders, in numerous restaurant and franchise out-of-court workouts, including forbearance agreements, loan amendments, refinancings and distressed sales.