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Experience
Brian Trust is a partner in the firm’s worldwide Restructuring, Bankruptcy & Insolvency practice. Brian focuses on representing large institutional creditors, including agent banks and lending syndicates. Brian has extensive experience in complex Chapter 11 reorganizations, out-of-court restructurings and recapitalizations, mergers and acquisitions of financially distressed companies, acquisition and divestiture of claims against and equity interests in distressed companies, and debtor-in-possession and exit financings. According to Chambers USA 2009 “Brian is deemed ‘a fine problem-solver with really good business instincts.’” Clients say Brian is “an excellent technician with a comprehensive understanding of business issues” (Chambers USA 2008), and in Chambers USA 2007 clients described him as “an ‘extraordinarily good’ lawyer, who ‘completely understands lenders’ needs’ and ‘provides very cogent advice.’” Brian is listed by Legal 500 USA 2009 as a “ leading member of the team and [is] lauded by clients for [his] ‘knowledge of New York bankruptcy laws.’’’ The International Financial Law Review (IFLR) honored Mayer Brown’s Restructuring, Bankruptcy & Insolvency practice, led by Brian, for its work on the “Restructuring of the Year,” in 2007 in In re. Owens Corning et. al.
Brian is currently playing a leading role in representing financial institutions in connection with (a) the worldwide financial crisis, including with respect to Lehman Brothers Holdings, Inc., and its affiliated debtors, Controladora Comercial Mexicana, S.A. de C.V., AIG Financial Products Corp. and others, (b) the mortgage industry, including with respect to C-BASS, Luminent and others, the monoline industry, including with respect to MBIA Corp., and (c) major commercial real estate, including with respect to the Levitt and Sons, LLC, Chapter 11 case , Harbor Estates LLC, and representation of the successor special servicer in the restructuring of Harry Macklowe’s mid-town trophy office buildings in respect of $1.6 billion of senior, secured, securitized debt. He has also played a major role representing senior lending syndicates in, among other matters, LyondellBasell Industries AF S.C.A., Ecko.Complex, LLC, Marchon Eyewear, Inc., National Leisure Group, Inc., Tower Automotive, Inc., Impath, Inc., SLI, Inc., Outsourcing Solutions, Inc., IMG Worldwide, Inc., OM Group, Inc., Weigh-Tronix, Inc., Extendicare, Inc., Applied Graphics Technology, Inc., American Skiing Company, SC International Services, Inc., Interim HealthCare, Inc., PSC Scanning Inc., and London Fog.
Brian has been recognized for cutting edge work on behalf of DIP lenders in In re Tribune Company (structure described in the press as “unusual,” “new” and “innovative”), In re Lyondell Chemical Company (largest DIP facility ever filed, including first-ever “partial roll-up”) and In re AbitibiBowater Inc. (complex issues raised by securitization facility juxtaposed against Chapter 11 proceedings in the United States and CCAA proceedings in Canada).
Brian has represented significant lenders and/or investors in, among other bankruptcy cases, Sentinel Management Group, Inc., Custom Foods, Inc., a major law firm’s acquisition of Coudert Brothers’ New York operations, Sea Containers Ltd., Calpine Corporation, WorldCom, Parmalat, Owens Corning, Kmart, Allied Deals, Inc., American Business Financial Services, Inc., and Drug Emporium. He has served as counsel to lending syndicates in certain successful divestiture transactions (e.g., GenRad, Inc., Chart House, Inc., Hollywood Theaters Inc., Cable Plus Company, L.P., and Mutual Benefit Life Assurance). Brian also has extensive experience in bankruptcy matters pertaining to the real estate industry (hotels, office buildings, shopping mall complexes, condominium developments and site developments) as well as extensive experience in connection with airline reorganizations (in the early 1990s as well as the present).
Brian is a frequent lecturer and author on bankruptcy and reorganization topics. Brian is a member of the American Bar Association (member, Section of Business Law), The Association of the Bar of the City of New York, The Association of Commercial Finance Attorneys, Inc. and the American Bankruptcy Institute. He is a member of the Bar of the State of New York and is admitted to practice before several Federal Courts. Education
New York Law School, JD, cum laude, 1986; Articles Editor, Law Review New York University, MA, 1979 Brooklyn College, City University of New York, BA, 1977 Admitted
- US District Court, Eastern District of Michigan, 1997
- US District Court, Eastern District of New York, 1992
- US District Court, Southern District of New York, 1991
- New York, 1987
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