Alan R. Lepene

Practices

• Business Restructuring, Creditors' Rights & Bankruptcy
• Business Litigation
• Commercial & Public Finance

Professional Experience

Alan is the leader of the firm's Business Restructuring, Creditors' Rights & Bankruptcy practice group and a former member of the firm's Executive Committee. Alan focuses his practice on bankruptcy (primarily chapter 11 reorganizations), workouts and commercial litigation. Alan has had significant experience representing senior lenders in major bankruptcy cases and workouts. He also has had considerable experience in the representation of creditors' committees and debtors in numerous cases under chapter 11 of the Bankruptcy Code.

Education

• University of Michigan, J.D., 1971, magna cum laude
• Ohio University, A.B., 1968, summa cum laude

• Lender Representation
• Schwab Industries, Inc. (Northern District of Ohio). Representation of agent bank in chapter 11 of manufacturer and distributor of ready-mix concrete, cement and related building materials.
• The Education Resources Institute, Inc. (District of Massachusetts). Representation of major lender and member of creditors' committee in chapter 11 of guarantor of student loans.
• Land Resource, LLC (Middle District of Florida). Representation of senior secured lenders in chapter 11 of large multi-state real estate developer.
• R&B Construction (Northern District of Georgia). Representation of secured lender in chapter 11 of residential homebuilder.
• A.B. Dick Company (District of Delaware). Representation of major secured lender in chapter 11 of manufacturer of printing equipment.
• Alterra Healthcare Corporation (District of Delaware). Representation of two major bank groups in connection with workout and settlement of claims against operator of assisted living facilities throughout the United States.
• Republic Engineered Products (Northern District of Ohio). Representation of senior noteholders in chapter 11 of major steel producer.
• U.S. Flow Corporation (Western District of Michigan). Representation of senior bank group in bankruptcy of major distributor of pipes and fittings.
• Level Propane Gases, Inc. (Northern District of Ohio). Representation of major equipment financiers in chapter 11 of large propane gas distributor.
• Iroquois Energy Management, LLC (Western District of New York). Representation of principal secured lender in chapter 11 case of natural gas distributor.
• Republic Technologies International, LLC (Northern District of Ohio). Representation of indenture trustee and majority bondholders in chapter 11 case of major steel company.
• Deaconess Hospital LLC (Northern District of Ohio). Representation of secured lender in chapter 11 of acute care hospital.
• HomePlace Stores, Inc. (District of Delaware).  Representation of several major equipment lessors in chapter 11 case of large home furnishings retailer.
• LTV Steel Company, Inc. (Northern District of Ohio). Representation of major equipment lessor in chapter 11 case filed by large integrated steel producer.
• Hauserman, Inc. (Northern District of Ohio).  Representation of bank group in chapter 11 of a large manufacturer of furniture and office partitions.
• NRM Steelastic (Northern District of Ohio).  Represented agent bank in chapter 11 of a large manufacturer of tire making equipment.
• Paint & Assembly Corporation (Southern District of Indiana).  Representation of senior lender in chapter 11 of automotive parts manufacturer.
• Cardinal Industries, Inc. (Southern District of Ohio).  Represented several major secured lenders in the chapter 11 cases of Cardinal Industries and affiliated limited partnerships.
• Representation of secured lenders in numerous out of court workouts involving real estate developers, manufacturers, service providers and other entities.
  
  
• Creditor Committee Representation
• Elder-Beerman Stores Corp. (Southern District of Ohio).  Committee representation in chapter 11 case filed by a large multi-state department store chain.
• SiMETCO, Inc. (Northern District of Ohio).  Committee representation in chapter 11 case involving a manufacturer of silicon metals.
• Summitville Tiles, Inc. (Northern District of Ohio). Committee representation of manufacturer of ceramic tiles.
• STR Corporation (Northern District of Ohio).  Represented creditors committee in chapter 11 case filed by the operator of a grocery store chain.
• ARA Aluminum (Northern District of Ohio).  Chapter 11 committee representation of an aluminum extruder.
• The Gibson-Homans Company (Northern District of Ohio).  Chapter 11 committee representation of a major manufacturer of roof and driveway coatings and wall covering adhesives.
• Ohio-Ferro Alloys Corporation (Northern District of Ohio). Committee representation in chapter 11 of silicon metals manufacturer.
  
  
• Debtor Representation
• GEO Specialty Chemicals, Inc. (District of New Jersey). Chapter 11 representation of multi-state manufacturer of specialty chemicals.
• Amcast Industrial Corporation (Southern District of Ohio). Chapter 11 representation of automotive supplier of wheels and component parts.
• ProCare Automotive Service Solutions, LLC (Northern District of Ohio). Chapter 11 representation of multi-state operator of automotive service center.
• Shoe Corporation of America, Inc. (Southern District of Ohio).  Chapter 11 representation of operator of licensed shoe departments in department stores throughout the United States.
• Boston Distributors, Inc. (Northern District of Ohio).  Representation in chapter 11 of warehouse distributor of health and beauty aid products.
• The George Worthington Co. (Northern District of Ohio).  Chapter 11 representation of national hardware distributor.
• Sanymetal, Inc. (Eastern District of Kentucky).  Representation in chapter 11 of manufacturer of bathroom partitions.
• Reactive Metals & Alloys Corporation (Western District of Pennsylvania). Chapter 11 representation of manufacturer of chemicals used in the steel industry.
• Representation of numerous borrowers in out of court workouts, refinancings and restructurings.
  
  
• Other Bankruptcy Representation
• In addition to representation of secured lenders, creditor committees and debtors, Alan has represented a wide array of other creditors and parties involved in bankruptcy proceedings.
• Alan served as lead counsel to HSBC Bank USA National Association, as indenture trustee in the chapter 11 case of Premier International Holdings, Inc. (District of Delaware), the operator of Six Flags amusement parks.
• Alan was lead counsel for a major real estate developer in the chapter 11 case filed by Magna Entertainment Corp. (District of Delaware), the largest operator of racetracks in the United States.
• Alan served as the attorney for the court appointed examiner in the chapter 11 cases filed by Knights Lodging, Inc. and Economy Lodging Systems, the former franchiser of Knights Inn Motels.
• Alan has extensive experience representing purchasers of assets out of bankruptcy.
• In the following major chapter 11 cases, Alan represented the group insurance department of one of the largest insurance companies in the United States:  Allegheny International  (Western District of Pennsylvania); Federated Department Stores (Southern District of Ohio); LTV Steel (Southern District of New York); Sharon Steel (Western District of Pennsylvania); Terex (Northern District of Ohio).

• "Chapter 11's Costs of Admission" · Cleveland Metropolitan Bar Journal, September 2009
• "Must a Secured Creditor 'Pay to Play' in Chapter 11" · American Bankruptcy Institute Journal, March 2009
• "The Case for Derivative Standing in Chapter 11: 'It's the Plain Meaning, Stupid'" · American Bankruptcy Institute Law Review, Winter 2003
• "Assessing the Fraudulent Conveyance Risk" · Insights, 1999
• "Bankruptcy Acquisitions - A Secured Party's Perspective" · Ohio CLE Institute Publications, 1998
• "Diluted Bankruptcy Reform Act Doesn't Pack Much Wallop" · Corporate Legal Times, 1995
• "Representing Creditors in Bankruptcy Cases" · Chapter 11 Reporter, 1987

• Listed in The Best Lawyers in America (Bankruptcy), 2012
• 2012 Cleveland Litigation, Bankruptcy Lawyer of the Year - The Best Lawyers in America
• Chambers USA: America's Leading Lawyers
• Euromoney Guide to the Leading U.S. Insolvency Lawyers
• Order of the Coif
• Phi Beta Kappa
• Selected for inclusion in Super Lawyers by Ohio Super Lawyer magazine