Distressed Assets & Workouts

With nearly 60 years of experience representing clients throughout the United States, we know how to evaluate all available options and recommend the most successful path for our clients.

Overview

Our Distressed Assets attorneys work with borrowers, investors, and lenders, as well as those who may be interested in acquiring or investing in distressed assets or loans encumbering such assets. We represent a variety of entities, including entrepreneurial mid-sized businesses, Fortune 500 companies, major institutional lenders, real estate investment trusts (REITs), commercial real estate developers and foreign investors.

We assist clients with all aspects of loan workouts and recapitalizations, and with business restructuring – be it by acquiring target businesses (or the assets of those businesses), divesting underperforming assets or business units, or through financial restructuring. Because there are times when situations need to be resolved with an outside authority or dispute resolution mechanism, we also successfully handle matters, both locally and nationally, in the bankruptcy courts and through mediation, arbitration and litigation.

On each matter, we field the right mix of expertise to ensure that all issues relating to the threatened real estate or business asset are addressed successfully. We bring on AGG professionals with the necessary specialized knowledge and experience in the disciplines that are critical to our clients’ goals, including attorneys specializing in commercial real estate, commercial lending, bankruptcy, corporate, litigation, tax and environmental law.

Experience

  • National representation of developers, owners and lenders (conventional and mezzanine) in connection with the structuring, acquisition, development, financing and disposition of multi-family projects consisting of over 80,000 units in the aggregate.

  • Represented Branch Banking and Trust Company in commercial foreclosures throughout Georgia, including foreclosure of retail centers, office buildings, residential subdivisions and raw land, and in successful judicial confirmations of foreclosure sales.

  • Represented Hamilton State Bank in loan workouts and commercial foreclosures of hotel properties and raw land.

  • Represented CertusBank in loan workouts and commercial foreclosures, including foreclosures of office buildings and raw land.

  • Represented Illinois bank in loan workouts and commercial foreclosures of hotel properties in Georgia.

  • Represented venture fund in loan workouts and commercial foreclosures of hotel properties in Georgia.

  • Represented regional owner of 2.5 million square foot portfolio of flex and mid-rise office properties, including acquisition, sale, leasing, finance and recapitalization transactions.

  • Representing owners and investors in connection with the syndication, financing, acquisition, leasing and disposition of neighborhood shopping centers and mixed-used developments.

  • Represented five limited liability companies and related individual guarantors in the restructure and refinancing of several loans secured by five different properties, one of which was not income producing, resulting in a reduction of loan amounts by discount, extended loan periods and more favorable financing terms.

  • Represented owner/borrower in loan workout and conveyance of retail center by deed in lieu of foreclosure

  • Representing national bank in workouts and restructuring of numerous non-performing real estate loans, including the workout of defaulted loans to several single-family home developer affecting more than 1,000 homes and developed lots.

  • Represented SunTrust Bank in commercial foreclosures, including foreclosures of retail centers, office condominiums and residential subdivisions.

  • Represented Regions Bank in commercial foreclosure of an office building in Fulton County.

  • Represented borrowers and guarantors in connection with a loan workout and modification of an $18.8 million loan secured by three office buildings.

  • Represented CMBS trusts in connection with hundreds of loan assumption, collateral release and transfer of interest transactions.

  • Represented a borrower with negotiation of forbearance agreement on construction loan for condominium project.

  • Represented a mezzanine lender/investor with restructuring of loan to equity investment and modification of senior debt.

  • Represented an investor in distressed proposed hotel development with sale of investor’s interest.

  • Represented a LIHTC investor to evaluate alternatives in connection with distressed affordable multifamily housing project.

  • Represented a borrower/owner of nonperforming multifamily rental project with analysis of issues for workout with lenders and investor.

  • Represented a purchaser of distressed property through loan assumption and workout of existing senior debt.

  • Represented a subordinate lender in connection with foreclosure by senior lender and bankruptcy of borrower.

  • Represented a subordinate lender to assess its rights and remedies in connection with a senior loan default on a mixed-income rental housing project.

  • Represented subordinate lender in workout negotiations with senior noteholders regarding receivership, foreclosure and bankruptcy issues.

  • Serving as engagement partner for and counsel to private equity funds investing in healthcare real estate, defaulted securitized commercial mortgage loans and distressed real estate assets.

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