Brian Trust: Lawyer with Mayer Brown LLP

Brian Trust

New York,  NY  U.S.A.
Phone+1 212 506 2570

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Experience & Credentials

Practice Areas

  • Health Care
  • Insurance
  • Life Sciences
  • Litigation & Dispute Resolution
  • Health Care Litigation
  • Restructuring, Bankruptcy & Insolvency
Contact InfoTelephone: +1 212 506 2570
Fax: +1 212 262 1910
University Brooklyn College, City University of New York, B.A., 1977; New York University, M.A., 1979
Law SchoolNew York Law School, J.D., cum laude, 1986
Admitted1987, New York; 1991, US District Court for the Southern District of New York; 1992, US District Court for the Eastern District of New York; 1997, US District Court for the Eastern District of Michigan


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


Very strategic, a great communicator and talented on a myriad of levels.

Chambers New York 2014 Brian Trust is the co-head of Mayer Brown's Restructuring, Bankruptcy & Insolvency practice. Brian focuses on representing large institutional creditors, including agent banks and lending syndicates. 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, and debtor-in-possession and exit financings.

In Chambers USA 2014, clients state that -when Brian speaks everyone stops to listen - he commands enormous respect within the bankruptcy community. He is a consummate lenders' lawyer who understands business and is always interested in getting the right business result.' In Chambers USA 2013, clients state that Brian -has a wealth of restructuring experience and has a superior ability to thoroughly analyze complex issues from both the legal and the business sides.' In Chambers USA 2012, clients describe Brian as -universally highly regarded for his intellect and his steadiness,' and in the 2011 edition he wins praise for his -extremely hands-on knowledge of bankruptcy law' and for -his ability to do an excellent job in tremendously complex situations.' Clients in Chambers USA 2010 note that Brian is -particularly respected... for his responsive, thorough and forceful style,' and in Chambers USA 2009 and 2008 Brian is described as -a fine problem-solver with really good business instincts,' and as -an excellent technician with a comprehensive understanding of business issues.'

The Legal 500 USA 2013 states that Brian -knows the issues important to banks' and has -excellent judgment.' The Legal 500 USA 2012 lists Brian as 'extremely responsive' and 'technically very strong,' while clients in the 2010 edition describe him as -hands-on, Brian gives good advice and doesn't just take instructions, he works with you to determine strategy.' The International Financial Law Review (IFLR) honored Mayer Brown's Restructuring, Bankruptcy & Insolvency team, led by Brian, for its superb work on the Restructuring of the Year in 2011 as counsel to Barclays Bank PLC in Controladora Comercial Mexicana S.A.B de C.V. (CCM). In 2009, IFLR awarded the Americas Structured Finance Deal of the Year to the Mayer Brown team led by Brian in connection with the highly acclaimed DIP financing of the Tribune Company.

Brian is currently playing a leading role in representing financial institutions in connection with (a) the worldwide financial crisis, including with respect to Lehman Brothers Holdings, Inc., and its affiliated debtors, (b) the mortgage industry, including with respect to C-BASS, Luminent and others, the monoline industry, including with respect to MBIA Corp., and (c) major commercial real estate, including with respect to the Levitt and Sons, LLC, Chapter 11 case, Harbor Estates LLC, and representation of the successor special servicer in the restructuring of Harry Macklowe's mid-town trophy office buildings in respect of 1.6 billion of senior, secured, securitized debt. He has also played a major role representing senior lending syndicates in, among other matters, ProCure Treatment Centers Inc., LyondellBasell Industries AF S.C.A., Ecko.Complex, LLC, Marchon Eyewear, Inc., National Leisure Group, Inc., Tower Automotive, Inc., Impath, Inc., SLI, Inc., Outsourcing Solutions, Inc., IMG Worldwide, Inc., OM Group, Inc., Weigh-Tronix, Inc., Extendicare, Inc., Applied Graphics Technology, Inc., American Skiing Company, SC International Services, Inc., Interim HealthCare, Inc., PSC Scanning Inc., and London Fog.

Brian has been recognized for cutting-edge work on behalf of DIP lenders in In re Tribune Company (structure described in the press as unusual, new and innovative), In re Lyondell Chemical Company (largest DIP facility ever filed, including first-ever partial roll-up) and In re AbitibiBowater Inc. (complex issues raised by securitization facility juxtaposed against Chapter 11 proceedings in the United States and CCAA proceedings in Canada).

Brian has represented significant lenders and/or investors in, among other bankruptcy cases, MF Global Inc., Sentinel Management Group, Inc., Custom Foods, Inc., a major law firm's acquisition of Coudert Brothers' New York operations, Sea Containers Ltd., Calpine Corporation, WorldCom, Parmalat, Owens Corning, Kmart, Allied Deals, Inc., American Business Financial Services, Inc., and Drug Emporium. He has served as counsel to lending syndicates in certain successful divestiture transactions (e.g., GenRad, Inc., Chart House, Inc., Hollywood Theaters Inc., Cable Plus Company, L.P., and Mutual Benefit Life Assurance). Brian also has extensive experience in bankruptcy matters pertaining to the real estate industry (hotels, office buildings, shopping mall complexes, condominium developments and site developments) as well as extensive experience in connection with airline reorganizations (in the early 1990s as well as at the present).

Brian is a frequent lecturer and author on bankruptcy and reorganization topics.


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United States Court of Appeals for Second Circuit Holds that Section 546(e) Safe Harbor Protects from Avoidance Transfers of Fictitious Profits in Connection with Madoff Ponzi Scheme
Joel Moss,Brian Trust,Richard G. Ziegler, February 27, 2015
In In re Bernard L. Madoff Investment Securities LLC (“Madoff”), the United States Court of Appeals for the Second Circuit reaffirmed its broad and literal interpretation of section 546(e) of the Bankruptcy Code, which provides a safe harbor for transfers made in connection with a...

New York State’s Highest Court Clarifies Scope of “No-Action” Clause Under Trust Indenture
Michael F. Lotito,Joel Moss,Brian Trust, June 19, 2014
New York’s highest court has concluded that a “no-action” clause in a New York law-governed indenture does not bar the commencement of an action or proceeding on a securityholder’s common law or statutory claims relating to the securities when the no-action clause at issue...

US Supreme Court Rules that Bankruptcy Courts Can Issue Proposed Findings in “Core” Matters Involving Stern v. Marshall-Type Claims
Thomas S. Kiriakos,Michael F. Lotito,Brian Trust, June 17, 2014
On June 9, 2014, the US Supreme Court issued a unanimous decision in Executive Benefits Insurance Agency v. Arkison (“Executive Benefits”) that resolved a fundamental bankruptcy procedural issue that had arisen in the wake of Stern v. Marshall (“Stern”).
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Office Information

Brian Trust

1675 Broadway
New YorkNY 10019-5820


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