“He is a great communicator, a great persuader and an excellent negotiator, and he's always got his client first in mind."Chambers USA 2017
Tom Kiriakos is a financial restructuring and bankruptcy lawyer and is the Office Practice Leader for Restructuring in our Chicago office. He represents clients in bankruptcy cases involving debtors across the business spectrum such as real estate, construction, retail, manufacturing (including auto and aircraft parts), hotels, restaurants, equipment leasing, meat packing, life settlement, personal services (consulting), distribution, transportation, for-profit education, oil field and agricultural chemicals, and oil and gas drilling, production and refining. Among his representations, Tom was the lead bankruptcy attorney for the successful senior lender in the landmark Supreme Court 203 North LaSalle Street decision, 526 U.S. 434 (1999). Tom advises and represents clients in related litigation matters, including fraudulent transfer and other avoidance claims, successor liability issues, lender-liability claims, intercreditor disputes, and instances of possible borrower fraud. He represents potential acquirers of distressed businesses, whether via bankruptcy sales, through foreclosure sales, or from assignees for the benefit of creditors, and across a wide array of asset classes. He has represented official unsecured creditors' committees including as co-counsel to the Official Committee of Unsecured Creditors of the Holding Company Debtors in the Chapter 11 cases of Conseco, Inc. (et al.), the third-largest bankruptcy cases in U.S. history at the time of filing.
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 finance experience includes representing commercial banks (including lender groups), other financial institutions, equipment lessors, and rating agencies in bankruptcy aspects of securitization transactions, including debtor-in-possession financing implemented through post-petition securitization transactions, as well as lenders under traditional post-petition facilities. He also represents transaction participants in loan portfolio sales. His general creditors' rights 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 through judicial foreclosure actions. His experience with insurance company insolvency 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 2004-2019). He has been described as: a "'tremendous tactician' possessing 'street-smart common sense'" (Chambers USA 2004-2005); a "sagacious, pragmatic and highly knowledgeable" lawyer who "provides excellent advice and obtains great results" (Chambers USA 2007); "an exceptional lawyer who does top work" (Chambers USA 2008) and is "proficient in a wide body of work, from complicated matters to more midlevel cases" (Chambers USA 2009); a lawyer who can "handle the megacases with an understanding of how to balance the practical and legal considerations" (Chambers USA 2010); someone who is "'very experienced, responsive and knowledgeable of the field'" and who "handles cases that are frequently national in scale" (Chambers USA 2011); doing "a great job in very large, complicated, contentious situations" (Chambers USA 2012); a "very savvy, very smart attorney who knows bankruptcy law very well" and who is "able to adjust his style to the situation" (Chambers USA 2014); "a very skilled lender's lawyer who is thoughtful, rational and reasonable" (Chambers USA 2016); and a "great communicator, a great persuader and an excellent negotiator" who always has "his client first in mind." (Chambers USA 2018)
- Lead restructuring partner representing administrative agent in recent series of amendments of $7 billion credit facility for MGM Mirage.
- Lead restructuring partner in representing administrative agent in 2009, 2011 restructurings of $1.8 billion construction loan facility for largest private construction project in North America.
- 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 substantively all of the assets of Plextronics, Inc., a developer and manufacturer of conductive polymers and inks for use in organic electronic applications, in its Chapter 11 case.
- Represented the "stalking horse" and ultimately successful bidder for mortgage loan servicing platform in New Century Financial Corporation Chapter 11 cases.
- Lead bankruptcy partner in successful prosecution on behalf of an estate representative as plaintiff in fraudulent transfer and related action involving multiple extraterritorial asset transfers, resulting in $52 million judgment and proposed additional multi-million judgment against debtors and family members in Chapter 7 case of individuals pending in the United States Bankruptcy Court for the Northern District of Illinois.
- Lead restructuring representing administrative agent of syndicated senior loan facility in UCC Article 9 foreclosure sale of substantially all of the assets of a consumer products company to a third party purchaser.
- Lead bankruptcy partner in successful resolution on behalf of senior lender of Chapter 11 case of LTAP US, LCLP, a life settlement company, including with respect to the denial of various debtor motions after a contested valuation hearing.
- Lead bankruptcy partner on behalf of senior lender in successfully resolution of Chapter 11 case of QOC I LLC, a life settlement company.
- Lead restructuring, bankruptcy, and insolvency partner on behalf of senior lenders on various loans to regional bank holding companies.
- Lead restructuring partner on behalf of administrative agent in restricting and eventual pay-off of senior syndicated loan to a vegetable canning company.
- Lead restructuring partner on behalf of senior securitization noteholder in discounted debt pay-off in connection with the sale of substantially all of the assets of a publicly-held company.
- Represented senior mortgage lenders, including through special servicers under RMBS securitizations, in restructurings and bankruptcies of real estate companies, including single asset borrowers and including involving a tenant-in-common ownership structure.
- 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 prevailing party 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 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 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.
- Represented official unsecured Creditors' Communication Chapter 11 case of Kroin Brothers Development Co. (et al.), real estate development companies.
- Represented Chapter 11 trustee in the Chapter 11 case of Convenient Food Mart.
- Represented the official unsecured creditors' committee in the Chapter 11 case of Central Steel Tube Company, a manufacturer of oil field pipe and tubing.
The University of Iowa College of Law, JD, with distinction
Grinnell College, BA
- Iowa, Certificate of Exemption
- US Supreme Court
- US Court of Appeals for the Fourth Circuit
- US Court of Appeals for the Seventh Circuit
- US District Court for the Eastern District of Wisconsin
- US District Court for the Northern District of Illinois
- Member, Board of Directors of the Cameron Kravitt Foundation, 1992 to date
- American Bar Association
- American Bankruptcy Institute
- Illinois State Bar Association