Focus Areas
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 a 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 Health Care 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.
- 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.
- 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.
- 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).
- “Ninth Circuit Reignites Debate Over the Interplay of Sections 363 and 365 of the Bankruptcy Code,” Thompson Hine Business Restructuring, Creditors’ Rights & Bankruptcy Update, August 2017
- “Supreme Court Clarifies ‘Actual Fraud’ for Purposes of Debt Discharge,” Thompson Hine Business Restructuring, Creditors’ Rights & Bankruptcy Update, June 2016
- “Foreign Borrower’s Rights in Indenture Ruled Sufficient to Meet Second Circuit’s Controversial Chapter 15 Eligibility Requirement,” Thompson Hine Business Restructuring, Creditors’ Rights & Bankruptcy Update, November 2015
- “NY Court Clarifies ‘Foreign Representative’ for Chapter 15 Recognition,” Thompson Hine Business Restructuring, Creditors’ Rights & Bankruptcy Update, July 2015
- “Ohio Adopts New Receivership Statute,” Thompson Hine Business Restructuring, Creditors’ Rights & Bankruptcy Update, January 2015
- “Bankruptcy Court Upholds Secured Creditor’s Right to Credit Bid, Rejects “Chilling” Argument,” Thompson Hine Business Restructuring, Creditors’ Rights & Bankruptcy Update, August 2014
- “Supreme Court Rules on Bankruptcy Courts’ Constitutional Authority, Leaves Key Question Unanswered,” Thompson Hine Business Restructuring, Creditors’ Rights & Bankruptcy Update, June 11, 2014
- “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
- Selected for inclusion in Chambers USA: America’s Leading Lawyers for Business, Bankruptcy/Restructuring, Ohio
- Euromoney Guide to the Leading U.S. Insolvency Lawyers
- Listed in Legal 500 (Corporate Restructuring (including bankruptcy)), 2014 and 2015
- Selected for inclusion in The Best Lawyers in America© since 1993 for Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, and Litigation-Bankruptcy
- Named the Best Lawyers® 2012 Litigation-Bankruptcy “Lawyer of the Year” in Cleveland
- AV® Preeminent Rated by Martindale-Hubbell
- Selected to the Ohio Super Lawyers list (and included in the list of Top 100 in state and Top 50 in region)
Professional Associations
- Ohio State Bar Association, past chair of the Banking, Commercial and Bankruptcy Law Committee; past member of the Council of Delegates
- American Bar Association, Business Bankruptcy Committee
- Cleveland Metropolitan Bar Association, Bankruptcy Section, past chair of the Executive Committee of Bankruptcy Section
Professional Activities
- American College of Bankruptcy, fellow
- American Bar Foundation, fellow
- Ohio State Bar Foundation, fellow
- Cleveland Bar Foundation, fellow
- Turnaround Management Association, Northern Ohio Chapter, founder; trustee; member of the Education Committee
- American Bankruptcy Institute
- Great Lakes Regional Bankruptcy Institute, past chair
Education
- University of Michigan, J.D., 1971, magna cum laude,
Order of the Coif
- Ohio University, A.B., 1968, summa cum laude
Bar Admissions
- Ohio
Court Admissions
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Northern District of Ohio