Mr. Wilson practices primarily in the areas of bankruptcy, workout and Uniform Commercial Code matters. His practice is national in scope and includes providing bankruptcy and UCC advice in structuring new transactions, securitizations and bond financings, resolving disputes in troubled and defaulted transactions and various workout matters, enforcing remedies and appearing in bankruptcy cases in numerous states. His experience also includes appearing in numerous bankruptcy cases filed by municipal debtors and in several FDIC receiverships. In addition, Mr. Wilson delivers legal opinions on various bankruptcy and UCC matters and negotiates repurchase agreements and other investment contracts.
Mr. Wilson's practice focuses primarily on representing creditors, including financial guaranty insurers and indenture trustees. His appearances in bankruptcy cases have included cases filed by Orange County, California, Enron Corp., Lehman Brothers Inc., US Airways, numerous mortgage loan originators and securitizers and numerous commercial real estate developers. He also has represented a major creditor in several transactions involving ponzi schemes and borrower fraud. His practice also includes representing creditors and other parties in a wide variety of new project financings, securitizations, public finance transactions, structured transactions involving bankruptcy-remote entities and other complex national and international financings. These transactions have included privatized military housing and toll road financings, low-income housing tax credit transactions, new market tax credit transactions, transactions involving special-purpose entities formed in the Cayman Islands and Bermuda, financings of sports stadiums and airport facilities, and the securitization of various receivables and asset types such as mortgage loans, auto loans and leases, state tobacco settlement receivables and tax liens, loans to obligors in France, Mexico and Puerto Rico, auto loans to obligors in Thailand, and leases of sea containers shipped worldwide.
Prior to joining Kutak Rock, Mr. Wilson served as a judicial law clerk to the Honorable C. Arlen Beam, Eighth Circuit Court of Appeals, and the Honorable John C. Minahan, Jr., United States Bankruptcy Court for the District of Nebraska. He also has taught Legal Writing at Creighton Law School and served as an editor of the Creighton Law Review.
July 1, 2014 Texas Property Sells for Nearly $30 Million
A team of Kutak Rock attorneys led by Mercedes Dahlquist, a partner in the firm's Omaha office, represented a multinational corporation in connection with the sale of a multi-tenant, multi-building property in Texas for nearly $30 million.
August 24, 2011 An Issuer's Payments on Tradable Debt Securities May Be Protected From Avoidance in a Subsequent Bankruptcy Case of the Issuer
The Second Circuit recently held, in a case of first impression, that a pre-bankruptcy payment by an issuer of commercial paper to redeem the commercial paper can constitute a protected settlement payment under the Bankruptcy Code that is not avoidable as a preference or as a constructively fraudulent transfer in a subsequent bankruptcy case of the issuer.
March 20, 2011 Bankruptcy Matters for Student Loan Debt Issuers
January 8, 2014 Recovering a Preference From a Fully Secured Creditor
In a decision recently entered by the United States Bankruptcy Court for the Southern District of California, the bankruptcy court held that pre-petition payments made to a fully secured senior lender which benefitted a partially secured junior lender could constitute preferential transfers to the junior lender. The court further ruled that such preferential transfers could be recoverable from either the junior lender or the fully secured senior lender.
November 30, 2011 Commercial Finance Update
March 29, 2011 Comparison of Bankruptcy Considerations for Issuers of Student Loan Debt
This memorandum is intended as a brief comparison of the ways in which three categories of issuers of student loan debt may be treated in a bankruptcy proceeding under the Bankruptcy Code: (a) corporations, partnerships, limited liability companies and Delaware statutory trusts structured as special-purpose entities to be bankruptcy-remote; (b) non-profit (501(c)(3)) entities; (c) political subdivisions, public agencies or instrumentalities of a State.
December 7, 2010 LLC Managers Must be Expressly Authorized to File Bankruptcy on Behalf of LLC
The Bankruptcy Appellate Panel for the Tenth Circuit recently held, based on a prohibition against filing bankruptcy in a limited liability company's operating agreement, that a limited liability company's manager was not authorized to file a bankruptcy case on behalf of the limited liability company.
June 28, 2010 Non-recourse Financings: The Bank of New York v. First Millennium, Inc., 2010 WL 2163099 (2d Cir. June 1, 2010)
Summary of a recent decision of the Second Circuit Court of Appeals addressing the enforceability of non-recourse provisions.
May 17, 2010 Municipality Bankruptcy Filings under the Bankruptcy Code: In re Las Vegas Monorail Company, Case No. 10-10464 (Bankr. D. Nev. April 26, 2010) and In re New York City Off-Track Betting Corp., 2010 WL 1027612 (Bankr. S.D.N.Y. Mar. 22, 2010)
May 17, 2010 Updates of Recent Decisions Relating to the Bankruptcy Code's Provisions Governing Bankruptcy Filings by Municipalities Summaries of two recent decisions relating to the Bankruptcy Code's provisions governing bankruptcy filings by municipalities.