Our team regularly represents national commercial banks and local community banks, including KeyBank, N.A., The First, N.A., Bank of America, Bangor Savings Bank, Machias Savings Bank and Northeast Bank, and other secured parties in all manner of commercial and consumer collection actions (including replevin actions and state court receiverships), workout and foreclosure matters (including civil action and statutory power of sale foreclosures and UCC secured party sales), Chapter 11 reorganizations, Chapter 7 liquidations and Chapter 13 wage earner cases.

We are experienced in negotiating, documenting and obtaining bankruptcy court approval of debtor-in-possession loans and bankruptcy "exit" financings, preparing and implementing agreements to use cash collateral and provide adequate protection of interests in collateral, reaffirmation agreements, litigating contested cash collateral, relief from stay and adequate protection motions, and contesting plan confirmations. In addition, we are often called on to develop and implement "exit strategies" for commercial lenders and other secured parties, including creditor plans of liquidation. We routinely negotiate settlements of claims and litigate objections to allowance of claims.

Representative Experience

Obtained for BBC Worldwide Ltd. relief from the automatic stay to permit prosecution of proceedings in High Court in England to aid in defense of litigation commenced in Maine Superior Court and removed to Bankruptcy Court. Beeload Limited Chapter 11 (Bankr. D. Me.).

BBC Worldwide Ltd. Granted Relief from Automatic Stay

The Hammer Corporation Chapter 11 (Bankr. D.N.H.). Obtained relief from the automatic stay, enabling Park National Bank, as a secured creditor with claims in excess of $1.4 million, to foreclose its mortgage on commercial property located in Nashua, New Hampshire.

Enabled Secured Creditor to Foreclose Mortgage

Represented KeyBank, N.A. in the restructuring of $23 million commercial financing for a large Rhode Island retail center.

KeyBank Restructuring of $23 Million Commercial Financing

We assisted a client in providing post-bankruptcy financing of approximately $70 million through mortgage and sale/leaseback arrangements on facilities in 10 states, and was heavily involved in the plan confirmation proceeding. Alterra Healthcare Corp. (Bankr. D. Del.).

Post-Bankruptcy Financing via Mortgage and Sale/Leaseback Arrangements

Foreside Company Chapter 11 (Bankr. D. Me.). Represented Chittenden Bank as secured creditor and DIP lender with claims in excess of $7.5 million.

Secured Creditor Claims in Foreside Company Chapter 11