Representing Creditors in Bankruptcy: Extent and Priority of Creditor Liens



aaeaaqaaaaaaaaijaaaajddmmjc0njm0ltixywmtngvinc1hn2nhlwm0y2i2mzixzjfkmwKimberly Withrow, Executive Vice President and General Counsel at Bibby Financial Services, has 30 years of experience in all aspects of commercial lending and oversees the company’s legal proceedings and corporate records across all departments, serving as an advisor to BFS leadership  and staff.  Kim’s expertise lies in structuring, documenting and negotiating asset-based lending, factoring and other commercial lending transactions, including single and multi-lender structures. Prior to joining Bibby Financial Services, Kim served as Senior Vice President, Legal Counsel at First Capital, where she honed her skills in identifying legal and structural risks in new client loan transactions and ongoing portfolio matters.

24fb27bMarianne Mortimer, Shareholder at Stradling, is a corporate lawyer with deep and broad knowledge of the complex financial, operational and legal matters affecting a multitude of businesses, from Fortune Global corporations to small start-ups and mid-market companies, with an aptitude for consensus-building across all organization levels, and a detailed, yet big-picture comprehension of negotiating sophisticated and complex deals. With a particular emphasis on general corporate and financial restructuring transactions, Marianne has represented a number of hedge funds, private equity and venture capital funds, banks and large institutional clients.

neil-morganbesser-delmorgan-282x300Neil Morganbesser is President & CEO of DelMorgan & Co. where he provides senior leadership within the firm and helps oversee all client engagements. Mr. Morganbesser is also CEO of Globalist Capital LLC, DelMorgan’s broker-dealer affiliate. Neil has truly global experience with the most sophisticated transactions, across a broad range of industries and in a large number of jurisdictions, as the lead banker on a wide variety of transactional and other advisory assignments, including domestic and cross-border mergers, acquisitions, joint ventures, sales and divestitures, restructurings, special committee assignments, unsolicited acquisitions and hostile defense.

0a43608Michael M. Ozawa, CPA/CFF, CGMA, CIRA, Partner, EMA Group / Enterprise Management Solutions, has led numerous out-of-court restructurings and bankruptcies engagements representing the company, the debtor, equity holders, secured lenders, unsecured creditors’ committees, unsecured debt holders, trustees and receivers. Some of the issues addressed and solutions implemented involved liquidity, solvency, cash flow projections and business plan reviews. The businesses ranged from private enterprises with annual revenues of $20 million to public entities with revenues in excess of $2 billion.


1d9278bAlex Kasdan is a Senior Managing Director at DelMorgan & Co.  With extensive experience in mergers and acquisitions, restructuring and corporate law, domestically and cross-border, with firms such as Credit Suisse First Boston, O’Sullivan Graev & Karabell, LLP, Battle Fowler LLP, and Schlumberger, Alex brings twenty plus years of senior-level Wall Street advice to the middle market companies and entrepreneurs. Alex has extensive experience in representing debtors, creditors, equity holders and acquirers in restructuring transactions, both in- and out-of-court.



  • Pre-Bankruptcy Planning

  • Lender Responses

  • Extent of Liens – Evaluating the Creditor’s Collateral

  • Priority of Liens

  • Potential Pitfalls

  • Potential Opportunities

  • Confirmation

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