Paul T. Musser

Representative Experience

• Lead counsel in representation of 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 in representation of national bank in receivership action and Chapter 11 bankruptcy case involving 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.
• Led counsel in representation of 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.
• Led insolvency team in representing commercial finance company, as senior secured lender, in out-of-court workout of radiation and medical network that included the sale of numerous subsidiaries.
• Led insolvency team in representing private investment firm in acquiring air care product line through Article 9 UCC sale.
• Lead counsel in representation of 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 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 national bank, as senior secured lender, in Chapter 11 bankruptcy case of 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 confirmation of reorganization plan.
• Represented national bank, as senior secured lender, in Chapter 11 bankruptcy case of stone panel manufacturer, helping client navigate Section 363 bankruptcy sale and dismissal of $30 million avoidance action against lender.
• Represented 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 national bank, as senior secured lender, in 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 private lender, as administrative agent for senior secured lenders, in Chapter 11 bankruptcy case of a branded and private-label BBQ company, helping client navigate Section 363 bankruptcy sale and confirmation of liquidating plan.
• Represented 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.

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