John G. Loughnane

Served as Court-appointed Chapter 11 Examiner of Merchants Bankcard Systems, Inc. with expanded powers to supervise a sale of the company. Worked with company management, creditors and numerous bidders expressing interest in acquiring the company. Supervised the closing to the winning strategic buyer shortly after a court-supervised auction.

Represented contract manufacturer both before and during the chapter 11 of its major biopharmaceutical customer. Work included guidance on sales of all of assets pursuant to Section 363, payment of claims and documentation of agreements and licenses with buyer of reorganized assets.

Represented joint venture party in cross licensing technology transactions focused on health care compliance and data security issues.

Represented medical device company in sale of all assets outside of court pursuant to Uniform Commercial Code Article 9 secured party sale.

Represented strategic buyer in connection with sale process for selected assets of large Chapter 11 retail debtor pending in New York.

Represented specialty retailer in out of court business reorganization and refinancing of senior and junior debt with lenders.

Represented venture backed contract party in pursuing substantial contract rejection damage claim in chapter 11 proceedings of technology company which enabled client to be paid the full amount of its claim.

Represented private equity portfolio company focused on consumer products in connection with its debt financing arrangement for both senior secured and junior financing tranche.

Represented former executives of clean energy company in defending claims made by liquidating trustee for return of contractual payments under employment contracts.

Represented large publicly traded software company in defense of avoidance allegations made by liquidating trustee.

Represented minority shareholder of distressed technology corporation in connection with negotiation of asset acquisition and subsequent investigation of majority shareholder in subsequent insolvency proceedings.

Represented large healthcare institution in connection with its rights as licensee in distressed asset sale of technology licensor for inventory tracking system.

Represented Chapter 7 trustee in investigation of “Ponzi Scheme” and related litigation to deny exemption of individual debtor/corporate officer who perpetuated the financial fraud.

Represented secured lender financial institution in connection with its loan to owner/operator of clean energy project. Obtained repayment for client from proceeds sale of assets facilitated by liquidating trustee.

Represented secured lender financial institution in workout and repayment of financing to real estate developer including negotiation and documentation of debtor in possession post-petition financing and payment in full.

Represented secured lender in obtaining relief from the automatic stay to enforce rights and proceed against real property collateral in upstate New York in the hospitality/lodging industry.

Represented debtor in possession lender for private equity fund invested in energy project in connection with its support of a consensual Chapter 11 reorganization of the project.

Represented equipment lessor in obtaining payment and return of leased networking and computer equipment from Chapter 11 proceedings of corporate debtor/lessee cloud storage provider pending in Delaware.

Represented commercial landlord in connection with amendment of lease for Chapter 11 debtor emerging technology company and eventual termination in connection with rejection and payment of pre and postpetition rent claims.

Represented commercial landlord in connection with defense of avoidance actions instituted by trustee for former retail chain debtor that ceased operations and liquidated.

Represented commercial landlord in connection with assumption and assignment of retail lease from retail debtor to asset buyer.