Alexis Victoria DeBernardis is an associate in the Washington, D.C. office. She is a member of the Financial Services group, where her practice focuses on representing institutional lenders, including national banks, special servicers and investment banks in creditors' rights litigation, insolvency and Chapter 11 bankruptcy proceedings, as well as loan restructurings and workouts. Alexis has a range of experience in chapter 11 reorganizations, including sales of distressed assets and businesses, protection of creditors' rights and negotiation of exit strategies implemented through a plan of reorganization. She has represented secured and unsecured lenders, bondholders and other creditors, and purchasers of distressed assets and businesses.
Representative Matters:
· Advised private equity clients seeking to acquire the assets of a bankrupt company, including review and analysis of underlying credit and guarantee agreements; revision of purchase agreement; review of transaction term sheets and agency assignments; performance of company diligence for potential contracts; and drafting settlement agreements.
· Advocated on behalf of lending clients in the chapter 11 cases of a multinational company, including negotiating for additional liens on the company's collateral.
· Represented clients in a joint venture relationship with chapter 11 debtors, including review of underlying credit and guarantee agreements to determine clients' available rights and remedies and seeking court permission to foreclose on collateral in accordance with federal statutes.
· Counseled bond investors and other unsecured creditors of the parent company of a commercial lender, including valuation of assets to maximize the clients' potential recovery; litigation against the Federal Deposit Insurance Corporation with respect to the disputed ownership of various assets; and analysis of federal banking regulations.
Publications
· "Treatment of 'Make-Whole' and 'No-Call' Provisions by Bankruptcy Courts," Pratt's Journal of Bankruptcy Law (April 2011). Co-Author: Alexis V. Chapin.
Alerts & Newsletters
· "Under New York Law, A Borrower In Distress Is Not Necessarily Under Economic Duress," Financial Services Alert (September 28, 2011). Contacts: Matthew W. Cheney, Alexis Victoria DeBernardis.