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Experience:
Tom Kiriakos is a financial restructuring and bankruptcy lawyer. He represents commercial banks, corporate banks, non-regulated financial institutions, and insurance companies in bankruptcy cases involving debtors engaged in businesses such as real estate, construction, retail, manufacturing (including auto parts), hotels, restaurants, equipment leasing, meat packing, personal services (consulting), distribution, transportation, oil field and agricultural chemicals, and oil and gas drilling and refining. He also represents corporate banks, commercial banks and other clients in appeals of bankruptcy-related lower court decisions. He represents corporations and other business entities in acquiring assets in bankruptcy sales, including acquisition in diverse areas such as mortgage loan servicing platforms, women's clothing, and novelty ice cream cones. He represents official unsecured creditors' committees.
Tom's restructuring experience includes negotiating and documenting loan and corporate restructurings and other work-out related matters, primarily as counsel to senior lenders. His bankruptcy securitization experience includes representing commercial banks (including lender groups), other financial institutions, equipment lessors, and rating agencies in bankruptcy aspects of securitization transactions, including representing liquidity lender in a post-petition securitization of credit card receivables of a department store chain. His general creditors' rights and lender liability experience includes implementing public and private disposition of personal and real property collateral, including through sales of financially distressed businesses as going concerns, inside and outside of bankruptcy, as well as advising lenders regarding, and representing lenders in, litigation matters, including possible lender-liability claims, intercreditor disputes, and possible instances of borrower fraud. His insurance company insolvency experience includes representing insurance and reinsurance companies in litigation with insurance regulators over insurance insolvency and rehabilitation issues.
Tom has been selected as a Leading Lawyer in His Field (Chambers USA 2004, 2005, 2006 and 2007) and has been described as a "'tremendous tactician' possessing 'street-smart common sense'" (Chambers USA 2004-2005) and as a "sagacious, pragmatic and highly knowledgeable" lawyer who "provides excellent advice and obtains great results" (Chambers USA 2007).
Notable Engagements:
Lead bankruptcy partner for successful senior lender in Bank of America National Trust and Savings Association v. 203 North LaSalle Street Partnership, 119 S.Ct. 1411 (1999) in which the US Supreme Court ruled that the Chapter 11 plan of reorganization that gave pre-bankruptcy equity holders the exclusive right to acquire equity in the reorganized entity could not be confirmed over senior lender's objection where senior lender's unsecured claim was not being provided for in full as of the effective date of the plan.
Represented the "stalking horse" and ultimately successful bidder for mortgage loan servicing platform in New Century Financial Corporation Chapter 11 cases.
Served as co-counsel to Official Committee of Unsecured Creditors of the Holding Company Debtors in the Chapter 11 cases of Conseco, Inc. (et al.), third largest bankruptcy cases in US history at time of filing.
Represented agents for pre-petition and initial post-petition lenders in Global Power Equipment Group, Inc. (et al.) Chapter 11 cases.
Represented agents for pre-petition and post-petition lenders in Tru-Circle (et al.) Chapter 11 cases, where substantially all of debtors' operating assets were sold via Section 363 sale within 90 days of petition date.
Represented a series noteholder of one of the pre-petition securitizations in the Chapter 11 cases of DVI, Inc. (et al).
Represented securitization amici in filing friend of the court brief in LTV Chapter 11 cases (2001).
Represented an agent of a senior lender group of $400 million project finance facility extended to the owner of a cogeneration plant.
Represented an agent of a senior lender group in restructuring of $550 million in loans to a manufacturer of high-end, indoor and outdoor electronics enclosures.
Represented a senior lender in Spartan Mills v. Bank of America Illinois, 112 F.3d 1251 (4th Cir. 1997), cert. denied (November 10, 1997) in which the court affirmed the denial of a collateral attack of a bankruptcy court order as to the validity and priority of a senior lender's security interests and liens in debtor's assets.
Represented an agent of a senior lender group in restructuring of $100 million in loans to food distribution company.
Represented an agent of a senior lender group in restructuring of $170 million in loans to gravel companies.
Represent an agent of a senior lender group in restructuring of $100 million in loans to trucking companies.
Represented the purchaser of $220 million power supply contract from Enron affiliate.
Represented agents for pre-petition and post-petition lenders in APW, Ltd. Chapter 11 case, which resulted in confirmation of pre-packaged plan of reorganization within 75 days of petition date whereby a portion of pre-petition debt was converted into equity of the post-reorganization entity.
Represented an agent for pre-petition and post-petition lenders in Chapter 11 cases of US Aggregates, Inc. (et al.), where substantially all of debtors' operating assets were sold via Section 363 sale within 75 days of petition date.
Represented an agent for term loan lenders in Chapter 11 cases of Transit Group, Inc. (et al.).
Represented lenders (including asset-based) in bankruptcies of borrowers engaged in different types of manufacturing businesses, including of auto parts suppliers.
Represented a lender in the Chapter 11 case of Industrial General Corporation, a plastics and small motors manufacturer.
Represented a lender in the Chapter 11 case of Alford Industries, a specialty packaging manufacturer.
Represented the senior lender in the Chapter 11 case of Peck Foods, Inc., one of the Midwest's largest meat processors.
Represented a lender in the Chapter 11 case of Lunan Family Restaurants, a restaurant franchisee.
Represented a shareholder in the 1992 Chapter 11 case of Worths Stores Corp., a 172-store chain of women's clothing stores.
Represented lenders in numerous oil and gas bankruptcies.
Represented the official unsecured creditors' committee in the Chapter 11 case of Central Steel Tube Company, a manufacturer of oil field pipe and tubing.
Represented a commercial paper conduit in pre-and post-petition securitizations of trade receivables in Imperial Sugar Chapter 11 cases (2001).
Represented the initial purchaser and structuring agent of pre-petition securitization in Stage Stores Chapter 11 cases (2000).
Represented a commercial paper conduit in pre-petition securitization of funeral "pre-need" contracts in Loewen Chapter 11 cases (2000).
Represented a liquidity agent in post-petition and post-confirmation credit card securitizations in Chapter 11 case of P.A. Bergner & Co. (1993).
Represented a post-confirmation lender in Chapter 11 case of Carter Hawley Hale (1992).
Represented various parties, including arrangers, sellers, investors, credit enhancers, liquidity providers, and rating agencies, in structuring and addressing bankruptcy aspects of securitization transactions (including involving the acquisition of financial assets from financially troubled sellers), including advising on true sale, nonconsolidation and fraudulent conveyance issues.
Education:
The University of Iowa College of Law, JD, with distinction, 1981, Grinnell College, BA, 1978. |
