DIP Financing: Structuring Roll-Overs, Cross-Collateralization, Priming Liens, Junior DIP Financing, and More

Ms. Ghaul practices bankruptcy and restructuring law. She represents clients in chapter 11 proceedings, out-of-court restructurings, section 363 sales and other distressed transactions, bankruptcy litigation, and mass tort matters. Ms. Ghaul has served clients in a variety of industries, including retail, energy, automotive, mining, and telecom. She has significant experience representing parties in section 363 sales and distressed transactions, including recently representing a Tier 1 automotive supplier in the sale of its North American operations in an out-of-court transaction, an affiliate of Centre Lane Partners in the acquisition of the appliances business of Instant Brands in its chapter 11 cases before the Bankruptcy Court for the Southern District of Texas, and Jefferies Finance as stalking horse bidder in the chapter 11 cases of Forma Brands before the Bankruptcy Court for the District of Delaware. Ms. Ghaul's past debtor representations include, among others, Red River Talc, LTL Management, SHL Liquidation Industries (f.k.a. Shiloh Industries), Aldrich Pump and Murray Boiler, DBMP, GUE Liquidation Companies (f.k.a. FTD Companies), American Apparel, M&G USA Corporation, Transtar Holding Company, and Nextel (NII Holdings).

Ms. Hailey’s practice focuses on corporate restructuring, insolvency, bankruptcy, and domestic and cross-border financial transactions. She regularly assists corporate debtors, creditors, investors, and financial counterparties in domestic and cross-border bankruptcy-related transactions and out-of-court workouts. Ms. Hailey also frequently advises clients on debtor-in-possession financing, exit financing and loan forbearance, and liability management transactions.

Professor Miller was a partner in the corporate restructuring department of Manier & Herod, P.C. in Nashville, Tennessee. His practice focused on representation of insurance companies in large national and international insolvency matters as well as chapter 11 trustees and unsecured creditors’ committees in regional cases. He also taught the Business Associations class at the Nashville School of Law. Prior to practicing, Professor Miller served as the law clerk for the Honorable William L. Stocks of the United States Bankruptcy Court for the Middle District of North Carolina. He is a graduate of the Emory University School of Law. Professor Miller joined the USD Knudson Law faculty in 2022. Professor Miller teaches debtor-creditor rights, secured transactions, and other related courses.