Structuring Forbearance Agreements and Strengthening Lender Collateral Position

For the past 35 years, Mr. Hesse has focused his practice on searching for pragmatic solutions to complex problems in the context of restructuring, insolvency, and bankruptcy. He represents borrowers, debtors, secured creditors, trade creditors, contract counterparties, unsecured creditors’ committees, equity holders, and trustees on all sides of insolvency situations, with an emphasis on representing creditors of all types. Although Mr. Hesse's practice is industry agnostic, adapting to fluctuations in the business cycle, his matters often occur within the retail and consumer products, real estate, and consumer finance industries. In addition to his bankruptcy practice, Mr. Hesse advises financial services clients on consumer protection compliance and litigation.

Mr. Samuelson handles commercial real estate and technology transactions, business bankruptcies, and related litigation. He combines practice areas to restructure distressed commercial real estate and LLCs, including workouts, recapitalizations, bankruptcies, sale-leasebacks, “business divorces” and other types of business break-ups and dissolutions, including handling any litigation associated therewith. Mr. Samuelson’s real estate and bankruptcy work includes (a) in the good times – acquisitions, joint development agreements and easements, leases (including air rights, ground, interior space, tower, rooftop, and governmental leases), subleases and licenses, and financing structures; and (b) in the bad times – business or commercial workouts, foreclosures, landlord/tenant renegotiations and evictions, bankruptcies (including single asset real estate, small business reorganization act, Subchapter V, and other Chapter 11’s), financial restructurings (such as sale-leasebacks), and LLC member disputes. Its clients are primarily real estate developers, small businesses (including franchisees), investors, non-profits, embassies and commercial real estate lenders.