About Bryan M. Kotliar

Bryan Kotliar helps clients maximize value in a wide range of distressed situations. Having represented both debtors and creditors in some of the largest and most heavily contested restructurings of the past decade, Bryan understands the unique demands of a given situation and how to best structure and implement transactions to meet each particular client’s needs.

Counsel informed by experience representing a broad range of clients

Bryan has substantial experience representing debtors, secured and unsecured creditors, equity holders, foreign representatives, asset purchasers, investors and others in connection with in- and out-of-court restructurings and other distressed situations. He also has significant experience with bankruptcy litigation, including with respect to obtaining confirmation of Chapter 11 plans of reorganization and liquidation, approval of contested debtor-in-possession (DIP) financing facilities, and recognition of foreign proceedings and foreign representatives in Chapter 15 proceedings.


Representative Experience

  • Debtor and trustee representations
  • Represented a Chicago-based health care technology company in negotiating a comprehensive out-of-court restructuring with equity investors and ad hoc group of secured lenders. *
  • Represented the court-appointed insolvency trustee for a Dutch telecommunications company in the prosecution of a contested Chapter 15 petition. *
  • Represented a global rare earths and rare metals mining and processing company in connection with its dual-track Chapter 11 proceeding for a sale of substantially all of its assets and/or a plan of reorganization. *
  • Represented a global wireless telecommunication provider in its contested Chapter 11 proceedings, including with respect to obtaining approval for DIP financing and confirming a plan of reorganization. *
  • Represented a US-based clothing retailer in connection with obtaining approval of its DIP lending facility to fund its Chapter 11 proceedings and sale process. *
  • Represented a US-based clothing retailer in connection with its Chapter 11 proceedings and sale of substantially all of its assets. *
  • Represented a mortgage loan origination and servicing company in connection with litigation arising in its contested Chapter 11 proceedings as it related to validity and priority of certain secured and unsecured creditors' liens and claims and valuation of collateral, among other issues. *
  • Creditor and equityholder representations
  • Represented a prepetition, post-petition and exit lender and agent under various warehouse lending arrangements with a mortgage loan origination and servicing company that restructured pursuant to contested Chapter 11 proceedings. *
  • Represented an equity sponsor in connection with the Chapter 11 cases of one of its portfolio companies, a global operator of ultra-deepwater drillships, that resulted in a mediated Chapter 11 plan of reorganization. *
  • Represented an ad hoc group of term loan lenders for a global provider of Internet content and cloud-based customer solutions in connection with a prepackaged Chapter 11 plan of reorganization and related DIP and exit lending facilities. *
  • Represented an ad hoc group of term loan lenders for an oil and gas original equipment manufacturer in connection with a prepackaged Chapter 11 plan of reorganization and related DIP and exit lending facilities. *
  • Represented an ad hoc group of first lien lenders for a US-based clothing retailer in connection with negotiating a forbearance and restructuring support agreement and DIP lending facility to fund its reorganization pursuant to a pre-negotiated Chapter 11 plan. *
  • Represented an indenture trustee for senior secured notes issued by a global silicones and materials company in connection with litigation related to confirmation of a Chapter 11 plan of reorganization and related intercreditor issues with junior debt. *
* Experience prior to Katten

Publications

  • New Trends Emerge for ‘Consensual' Third-Party Releases in the Southern District of New York and District of Delaware
    January 2020
  • US Supreme Court Holds That Bankrupt Companies Cannot Rescind Trademark Licenses
    May 2019
  • Second Circuit Issues Key Cramdown Interest Rate Ruling
    November–December 2017
  • Texas District Court Affirms Bankruptcy Court's Use of Claim Estimation Process
    July–August 2015
  • 2013