Peter D. Kieselbach

Experience: Corporate Trust Services: Representation of indenture trustee in monetization of senior housing apartments and related offensive litigation against probate estate of obligor.; Representation of trustee in formation and administration of various qualified settlement funds established by bankruptcy debtors to resolve mass tort liabilities.; Representation of trustee in formation and administration of various liquidating trusts established to monetize settlement payments, limited partnership assets, corporate tax refunds, and other assets.; Representation of indenture trustee in municipal bond default relating to private educational institution, including creating liquidating trust to monetize real estate collateral for the benefit of bondholders.; Representation of indenture trustee in municipal bond default relating to senior housing facility, including working with company and bondholders to implement out-of-court, consensual monetization plan that resulted in payment in full of all bond obligations.; Representation of indenture trustee in municipal bond default relating to senior housing facility, including working with company and bondholders to devise consensual plan for remedying defaults.; Representation of indenture trustee in municipal bond default relating to a power plant facility, including litigation related to lien priorities against power plan assets.; Representation of trustee in cross-border restructuring of senior secured corporate notes involving Australian scheme proceeding and U.S. chapter 15 filing.; Defense of trustee against aiding and abetting breach of fiduciary duty claim in the Delaware Court of Chancery.; Defense of trustee against breach of contract and tort claims in South Carolina federal court, resulting in complete bench trial verdict (currently on appeal).; Representation of national bank in standardizing bailment and custodial agreements relating to mortgage securitization transactions.; Representation of trustee of unit investment trust in restructuring and sale of distressed winery assets.; Representation of trustee of unit investment trust as a third-party intervenor in foreclosure litigation, including obtaining right to pursue surplus sale proceeds.; Fraud Remediation and Asset Recovery: Representation of trustee in investigation, out-of-court restructuring, and monetization of illiquid trust assets stemming from $300 million fraud.; Representation of chapter 7 trustee in pursuit of claims against former officers and directors, secured lender, and merger partner relating to the fraudulent seizure of the debtor's assets, resulting in settlements exceeding $6 million.; Representation of trustee in offensive litigation in the Delaware Court of Chancery relating to a complex fraud and obtained $55 million preliminary injunction.; Representation of chapter 7 trustee in investigation of officer, director, and insider fraud claims.; Bankruptcy and Restructurings: Representation of creditors' committee in chapter 11 bankruptcy cases of Gulf Coast Health Care, LLC.; Representation of shipping broker in asserting administrative claim against chapter 11 debtor.; Representation of secured lenders in Article 9 foreclosure sale of distillery assets.; Representation of YouFit Health Clubs, a chain of fitness gyms, in its chapter 11 bankruptcy case, including 363 sale of all assets to secured lender.; Representation of equity owner in state law wind-down and dissolution of subsidiary.; Representation of secured lender to commercial farming operation, resulting in restructuring of loan and taking additional security (including wetland credits) through state-law mediation.; Representation of landlords in retail, fitness, and car rental bankruptcies, including negotiating lease assumptions and cure payments.; Representation of Shale Support Holdings, a frac sand supplier, in its chapter 11 bankruptcy case, including confirmation of a debt-for-equity plan of reorganization.; Representation of equipment lessors with claims exceeding $8 million in chapter 11 bankruptcy, resulting in order authorizing administrative expenses for debtors' continued equipment use.; Pro Bono: Representation of active-duty military member in residential real estate dispute.; Representation of Cameroonian family in asylum proceedings.; Representation of active-duty military member in child custody dispute, resulting in court order granting all requested relief.; Defense of youth soccer non-profit in litigation regarding unpaid field time, resulting in stipulated dismissal with prejudice.; The above representations were handled by Mr. Kieselbach prior to his joining Greenberg Traurig, LLP.