Overview

Monique Mulcare's practice focuses on restructuring, insolvency and bankruptcy matters. She represents creditors and strategic investors in bankruptcy and insolvency matters in both US and international restructurings. She has extensive experience in facilitating recoveries of distressed assets. She also advises a range of parties on netting-related safe harbor and bankruptcy-related intellectual property issues.

Spoken Languages

  • English

Experience

  • Represented the 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 Agent and Lender 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 a Lithuanian bank. This was the largest foreign-led transaction to occur in Lithuania to date.
  • Represented Joint and Several Liquidators of Investment Bank debtor in the auction and recovery of assets in the largest bankruptcy to date.
  • Represented pre-petition lender/counterparty 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 pre-petition banker to debtor in successful recovery of lost overdraft funds and blocked use of bank’s cash collateral.
  • Represented pre-petition lender in successful recovery of €241 Million upon reaching an agreement that the transfer would be recognized as an “ordinary course transfer.”
  • Represented bank lender to a collection agency in connection with the recovery, liquidation and ultimate sale of $3 Billion of Charged-Off Consumer Receivables.
  • Represented pre-petition lender to a diamond and jewelry wholesaler in connection with the borrower’s liquidation and completed auction of secured assets.
  • Represented pre-petition lender to global leader in the gift and home/garden decor market in 90% recovery of its pre-petition loan.
  • Represented bank with its restructuring by coordinating its sale of its real estate financing business and its transfer of its US based commercial real estate, which had a par value in excess of $114 Million.
  • Represented bank lender to power company in its restructuring of its $1.2 Billion credit facility and the ultimate sale of such lender’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
  • Member, Legal Advisory and Trade Practices and Forms Committee, Loan Syndications and Trading Association