Erich N. Durlacher

Experience

• Lead counsel in the successful reorganization of the nation's largest chain of Christian bookstores, with over 260 retail locations and annual revenues in excess of $200 million.
• Represented the 363 stalking horse bidder and purchaser in the acquisition of substantially all of the assets of an international manufacturer of high quality fasteners and tack buttons.
• Represented secured lender in participation negotiations and workout involving over $5M of debt secured by residential townhome units and raw land.
• Represented secured lender with a claim in excess of $10M in a Chapter 7 case involving a Ponzi scheme with over $100M of alleged fraud claims.
• Represented secured lender in loan workout and civil RICO litigation involving real estate loans in excess of $15M to an operator of truck plazas and service stations in south Georgia.
• Represented secured lender in loan workout and restructuring of credit facilities in excess of $35M to a Southeastern multifamily and residential subdivision developer and property manager.
• Represented secured lender in the loan workout, restructuring, and subsequent litigation involving in excess of $29M in related real estate loans to a Southeastern residential subdivision developer.
• Represented secured lender in the loan workout and restructuring of approximately $40M in related real estate loans to a Southeastern residential subdivision developer.
• Represented secured lender in loan workout, restructuring, and subsequent Chapter 11 case involving three loans in excess of $19M secured by assisted living facilities in the Southeast.
• Represented secured creditor in a Chapter 11 case involving loans in excess of $12M to a Southeastern residential subdivision and townhome developer.
• Represented secured creditor in a Chapter 7 case involving the recovery and subsequent sale and disposition of helicopter collateral worth approximately $1.5M.
• Represented the 363 sale purchaser in the acquisition of substantially all of the assets of a manufacturer of file folders, envelope, and related paper products.
• Represented secured creditor in loan workout and subsequent liquidation of a specialty construction business with loans in excess of $10M.
• Represented the secured lender in the successful reorganization of Chapter 11 case of an OEM automotive supplier.
• Represented lead bank in the workout, restructuring, and subsequent litigation involving loan participations exceeding $50M to regional community banks.
• Represented secured lender in the loan workout and restructuring of loans in excess of $15M to the manufacturer of luxury yachts.
• Represented the secured lender in the foreclosure and subsequent litigation of multi-million dollar loans to a transportation logistics company.
• Represented secured lender in a lien priority dispute with a general contractor involving a loan in excess of $20M.
• Representation of national and regional banks in multiple foreclosures sales, confirmation actions, and receivership actions.
• Represented secured lender in a loan workout and collateral disposition involving over $5M of debt secured by the leasing portfolio assets of a distressed finance company.
• Represented a leading bank holding company as one of the three largest participants in a $50 million syndicated loan group in the Chapter 11 bankruptcy cases of a fast-food restaurant chain and its 182 quick-service restaurants (QSRs). He also advised the bank holding company in the Chapter 11 bankruptcy case of a minority-owned restaurant franchisee with 20 to 30 QSRs in South Carolina.
• Represented a leading financial institution on the successful secured party sale of the assets of a distressed IT services provider and an out-of-court restructuring that avoided borrower bankruptcy and resulted in a substantial repayment of bank debt.
• Represented a global financial services company, the agent and largest participant, in a $50 million pre-petition loan syndicate and $85 million post-petition loan facility, in the successful 363 asset sale of a finished vehicles (new and used) logistics business.
• Represented a leading France-based high growth start-up specializing in remote diagnostic technologies and its subsidiary on the strategic and successful acquisition of a competitor's assets in a contested Chapter 11 363 auction sale process.
• Represented leading commercial landlords, based in Tennessee, in the Chapter 11 sale of a quick-service restaurant (QSR) franchise location to the corporate parent.
• Represented a leading placement agency for physicians, CRNAs, physician assistants, nurse practitioners, and psychologists at healthcare facilities across the US in the Chapter 9 municipal bankruptcy case of the Tulare Local Healthcare District in California.
• Represented a leading regional bank on the negotiated restructuring of a healthcare company's credit facility in anticipation of a Chapter 11 bankruptcy filing and ultimate repayment in full of the bank debt, together with fees.
• Represented a regional bank in a $10,000,000 revolving loan and term loan facility secured by all assets for a leading electrical contractor in the renewable energy, utility, and industrial construction sector.
• Represented a regional bank in an increased revolving loan and term loan facility ($6,000,000) secured by all assets for a private equity sponsor-owned metal stamping and fabrication company.
• Represented a regional bank in a $10,000,000 secured revolving loan facility in the healthcare industry.
• Represented a home health care company, as borrower, for a restructured and increased, all asset secured, revolving credit facility and multi-draw acquisition term loans.

Honors & Recognitions

Civic Activities

Professional Activities