Danny C Kelly
Business Finance and Insolvency
Our firm represents creditors and debtors in all matters regarding their legal rights and responsibilities, with special emphasis on bankruptcy transactional work, commercial and business insolvencies, and corporate reorganizations. We assist creditors in all aspects of the negotiation, restructuring, enforcement, collection and liquidation of all types of loans and claims. The assistance we provide to financially distressed businesses and individuals ranges from Chapter 11 reorganizations, refinancings and acquisitions to compositions, assignments for the benefit of creditors and bankruptcy liquidations.
Clients
We represent debtors, secured and unsecured lenders (including banks and other institutional lenders), lessors of real and personal property, sellers of goods, trustees in bankruptcy and receivers in connection with all types of bankruptcy and insolvency proceedings. We have represented franchisors in buying and selling assets and businesses in or near bankruptcy. We have also provided guidance to clients on the transfer of franchise, distributor, licensing, and expired real estate leases and similar agreements that constitute executory contracts and fall under Section 365 of the bankruptcy code.
Secured Loan Transactions
We are experienced in structuring and documenting transactions involving all types of loans, including loans to debtors in bankruptcy and loans secured by all types of collateral. We also have experience in creating and perfecting security interests in all forms of tangible and intangible property.
Workouts of Troubled Companies
We analyze the financial problems of businesses and devise plans to resolve the problems between companies and their creditors.
Collections and Foreclosures
Our lawyers are experienced in litigation to collect debts, to foreclose security interests in real and personal property, and to enforce commercial contracts.
Commercial Law
Our group is involved in the litigation of a wide range of commercial law issues, including the enforcement of contracts under the Uniform Commercial Code; the enforcement of contracts of guarantee, receivership proceedings and actions to foreclose commercial real property trust deeds and mortgages; and the litigation of preference recovery, fraudulent transfer, subordination and other adversary proceedings.
Workout and Restructuring Services
Our Workout and Restructuring practice provides loan workout, lease workout and business restructuring services to borrowers and lenders, landlords and tenants, and distressed businesses. For businesses in transition, we have handled a wide variety of negotiated arrangements to resolve or ameliorate the effects of defaults or pending defaults. These arrangements have included representing borrowers, banks, insurance companies and other financial institutions in connection with issues arising under bank credit facilities, privately placed and public debt, complex project and equipment financings, and derivative instruments.
Whether the workout involves a renegotiation or replacement, a request for consents or waivers, a forbearance agreement, a standstill and tolling agreement, a deed in lieu of foreclosure, an asset sale, a lease assignment or amendment, a partnership amendment, corporate restructuring, public or private debt restructuring, or an asset or business sale, we help achieve solutions specific to the industry and the situation at hand.
Solutions Tailored to Your Needs
We understand that each workout presents its own unique challenges and opportunities. That's why we focus on providing solutions that work for you and your business. In many cases, one of our experienced workout attorneys will work with you one-on-one to resolve workout or restructuring issues. For clients that require a team-based approach, we will draw upon our deep bench of experienced lawyers to ensure an appropriate mix of industry knowledge and specific experience in real estate, commercial transactions, banking and finance, UCC issues, leasing, foreclosures business law or bankruptcy, and other specialized practices.
Practical Perspective and Industry Experience
Many of our workout attorneys represent lenders, landlords, franchisors and similar clients in a variety of business and transactional matters. That practical experience in turn helps us understand the motivation of such parties when consulting with borrowers, tenants, franchisees, guarantors and other clients seeking creative ways to work out or restructure their relationships.
As a full-service firm, we apply this perspective to clients across a range of industries. In particular, we focus on the following core practices:
* Real Estate Development
* Commercial, Real Estate and Agribusiness Lending
* Retail, Office, Warehouse and Industrial Leasing
* Renewable Energy, including Biofuels
* Corporate and Public Finance
In addition to our industry-specific knowledge, our workout attorneys also draw on the experience of our bankruptcy and trial attorneys. Their knowledge of matters such as lender liability, fraudulent conveyances, judicial and nonjudicial foreclosures, receiverships and bankruptcy proceedings helps us provide practical advice on workout strategies, enforcement challenges and opportunities, potential claims and defenses, and alternative dispute resolution mechanisms that may be available.
Danny C Kelly
Stoel Rives LLP
201 S Main St #1100
Salt Lake City UT 84111
Tel: 801 578-6979
Fax: 801 578-6999
E-mail: dckelly@stoel.com
Board Certified Specialist in Business Bankruptcy - American Board of Certification
Practice Areas
* Business Finance and Insolvency
* Litigation
* Workout and Restructuring Services
Danny Kelly is a partner of the firm practicing in areas of creditors' rights, business restructuring and bankruptcy, and general insolvency-related matters. He has extensive experience representing creditors, committees, trustees, debtors and other parties in a wide variety of matters across diverse industries. Danny regularly speaks and writes on the subjects of business bankruptcy, lending, valuation and ethics for various organizations, including the American Bankruptcy Institute, Association of Insolvency and Restructuring Advisors, Thomson/West Publishing, Aspen Law & Business, National Business Institute, Lorman Education Services, and the Utah State Bar.
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