"He is inventive, creative and knows how to keep people on track."Chambers USA 2018
Brian Trust co-leads Mayer Brown’s Global Restructuring practice. He focuses on representing large institutional creditors, including agent banks, lending syndicates, insurance companies and other investors. 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, debtor-in-possession and exit financings, and cross-border insolvencies.
Ranked year after year by Chambers USA and Chambers Global, Brian is praised by clients for his “wealth of restructuring experience” and “superior ability to thoroughly analyze complex issues from both the legal and the business sides,” and they applaud him for doing a “fantastic job on complex work.” Brian is lauded for his “great reputation in the bankruptcy and restructuring community,” described as “very bright, client-oriented, attentive and very practical,” and viewed as “very strategic, a great communicator, and talented on a myriad of levels.” The Legal 500 USA highlights Brian for his corporate restructuring work, commending Brian for being “extremely responsive" and "technically very strong," and noting that he "knows the issues important to banks" and has "excellent judgment.” Additionally, Brian is listed in the Best Lawyers in America in Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, identified as a Notable Practitioner in IFLR1000 and, for over ten years, recognized by New York Super Lawyers as a top lawyer in the area of “Creditor Debtors Rights: Business.” Recognized as a thought leader, Brian is a frequent lecturer and author on novel and complex bankruptcy and reorganization issues. The media often interviews Brian for his views on innovative and timely reorganization topics.
Brian recently led the Mayer Brown teams on the restructurings of Weatherford International plc and Cloud Peak Energy Inc., which were awarded “Energy Restructuring of the Year (Large)” and “Basic Resources Restructuring of the Year (Value below $500 million),” respectively, at Global M&A Network’s 2020 Annual Turnaround Atlas Awards.
Brian’s representative matters include:
A major US Bank, as administrative agent, under the pre-petition and post-petition A/R securitization facility in the chapter 11 bankruptcy case of Centric Brands Inc. This financing utilized securitization technology and DIP lending in a court-approved, complex hybrid securitization/DIP facility.
A major international financial institution, as administrative agent, under the $1.6 billion Donlen ABS facility in the Hertz chapter 11 case and, as administrative agent, under a $400 million post-petition ABS facility with respect to the Donlen fleet leasing business.
A major US Bank, as administrative agent, in connection with the letter of credit DIP Facility in Covia Holdings Corp.’s chapter 11 case. This innovative letter of credit facility utilized securitization technology and harmonized complex intercreditor issues with certain secured lenders.
The ad hoc steering group of senior lenders in connection with a potential restructuring of Sandy Creek Energy Associates, a unit coal-fired power generating plant.
A major U.S. bank and its capital finance affiliate, as administrators, in connection with the bankruptcies of certain of the largest coal companies in the United States, including Peabody Energy Corporation, Arch Coal, Inc. and Cloud Peak Energy Inc. These restructurings included the blended use of securitization technology and DIP lending into court-approved, complex hybrid securitization/DIP facilities. These innovative financings harmonize complex intercreditor issues raised by extending a securitization facility into a chapter 11 proceeding on a side-by-side basis with DIP loans from prepetition secured lenders. Cloud Peak Energy Inc.’s restructuring was awarded “Basic Resources Restructuring of the Year (Value below $500 million)” at Global M&A Network’s 2020 Annual Turnaround Atlas Awards.
We represented a major financial institution, as agent, collateral agent and bilateral letter-of-credit issuer, in connection with the multi-jurisdictional chapter 11 cases of Weatherford International plc and certain of its affiliates, with respect to a rolled-up prepetition and new money post-petition cash collateralized letter of credit facility. The letter of credit facility presented complex intercreditor issues with a side-by-side term loan DIP facility and the related cross-border cash management system. This restructuring was awarded “Energy Restructuring of the Year (Large)” at Global M&A Network’s 2020 Annual Turnaround Atlas Awards.
A major international financial institution, as agent on behalf of a syndicate of lenders, in connection with the restructuring of loans for four cancer-treatment centers across the United States. This involved novel out-of-court refinancing transactions and both consensual and disputed bankruptcy court supervised 363 sale transactions. These deals were awarded “Health Care Services Restructuring of the Year” at Global M&A Network’s 11th Annual Turnaround Atlas Awards and “Chapter 11 Reorg of the Year ($500MM to $1B)” at the 2019 M&A Advisor Turnaround Awards.
A market leading institutional trust company and a major U.S. bank, as agents, respectively, for syndicates of lenders, in connection with the workout, restructuring and multi-jurisdictional insolvency cases of Waypoint Leasing Holdings Ltd. and its various subsidiaries. Waypoint is a helicopter leasing company that financed its operations through a series of bi-lateral credit facilities at its subsidiaries. This deal was awarded “Restructuring of the Year ($1B to $10B)” at the 2019 M&A Advisor Turnaround Awards.
A major international financial institution, an administrative agent, in connection with a complex cross-border ABL facility to the UK Borrowers, Bristow Norway AS and Bristow Helicopters Limited, a British helicopter operator and its Norwegian subsidiary, successfully preserving a parent guaranty through a confirmed plan of reorganization of Bristow Group, Inc. in a complex chapter 11 case.
Brooklyn College, City University of New York, BA
New York University, MA
New York Law School, JD, cum laude
Articles Editor, New York Law School Law Review
- New York
- US District Court for the Eastern District of Michigan
- US District Court for the Eastern District of New York
- US District Court for the Southern District of New York
- Section of Business Law, American Bar Association
- Association of the Bar of the City of New York
- The Association of Commercial Finance Attorneys, Inc.
- The American Bankruptcy Institute