Overview

Monique Mulcare’s practice focuses on restructuring, insolvency and bankruptcy litigation matters. In facilitating the recovery of distressed assets, Monique has represented senior secured creditors and strategic investors in major cases in a variety of industries in both US and international jurisdictions. Monique has extensive experience in workouts and restructurings (including, the sale and purchase of distressed assets). Monique also advises a range of parties on netting-related safe harbor and bankruptcy-related intellectual property issues.

Spoken Languages

  • English

Experience

  • Representing strategic investors in the assertion and recovery of claims against the Puerto Rico Electric Power Authority (“PREPA”).
  • Represented international bank in its recovery of in excess of $286 Million of PG&E Corporation and Pacific Gas and Electric Company debt.
  • Represented international bank by successfully preserving parent guaranty through the bankruptcy of Bristow Group Inc.
  • Represented a South American Financial Development Corporation in connection with its participation in a $183 million project financing to fund the modernization of the General Terminal at the Port of San Martín de Pisco.
  • Represented international banks in $162 Million sale of their respective interests in a Las Vegas property.
  • Represented an international bank that, along with a syndicate of international investors, acquired a loan portfolio from DUTB, a Lithuanian bank. This was the largest foreign-led transaction to occur in Lithuania to date.
  • Represented Joint and Several Liquidators of Lehman Brothers Asia Holdings Limited debtor in the auction and recovery of assets in the largest bankruptcy to date.
  • Represented international bank in the sale of $400 Million of Lehman Brothers based claims.
  • Represented Fortune 500 franchisor in the termination of franchise relationship, successfully arguing for compliance with franchise agreement terms by appointed trustee and for conversion of chapter 11 to chapter 7 resulting in recovery of franchisor’s intellectual and proprietary property.
  • Represented international bank in the successful recovery of lost overdraft funds and blocked use of bank’s cash collateral.
  • Represented international bank in the successful recovery of €241 Million upon reaching an agreement that the transfer would be recognized as an “ordinary course transfer.”
  • Represented international investment bank, lender to a collection agency, in connection with the recovery, liquidation and ultimate sale of $3 Billion of Charged-Off Consumer Receivables. 
  • Represented international bank in connection with the liquidation of W.B. David, a diamond and jewelry wholesaler, and executed successful auction of the bank’s secured assets.
  • Represented international bank in recovering 90% of its pre-petition loan to Enesco, a global leader in the gift and home/garden decor market.
  • Represented private equity firm in its restructuring of Allgemeine HypothekenBank Rheinboden (“AHBR”) and oversaw the sale of AHBR’s real estate financing business and the transfer of AHBR’s US based commercial real estate, which had a par value in excess of $114 Million.
  • Represented international bank, as lender to MACH Gen LLC, a power company, in the restructuring of MACH Gen LLC’s $1.2 Billion credit facility and the ultimate sale of the bank's position in excess of par.

Education

New York University School of Law, JD

Articles Editor, Annual Survey of American Law

Hunter College, City University of New York, BA, magna cum laude

Admissions

  • New York
  • Connecticut

Court

  • US District Court for the Southern District of New York
  • US District Court for the Eastern District of New York
  • US Court of Appeals for the Second Circuit
  • US Supreme Court

Memberships

  • Arbitrator, Small Claims Part, Civil Court of the City of New York
  • Associate Editor, American Bankruptcy Institute Journal
  • Honorary Director, NYU School of Law Alumni Association
  • Member, Legal Advisory and Trade Practices and Forms Committee, Loan Syndications and Trading Association