Larry Mittman is a member of Haynes and Boone's Board of Directors and a partner in the Real Estate Practice Group in the New York office. Larry is a reorganization and restructuring lawyer with more than thirty-five years' experience representing banks, financial institutions, funds and other entities in all aspects of their business functions. He regularly advises clients on general corporate and commercial matters with a particular focus in the areas of real estate and finance, including DIP facilities, mezzanine debt and distressed debt transactions. His practice includes the representation of debtors, creditors and creditor committees with respect to all aspects of reorganization and business restructurings, including development and construction projects. He is AV® Peer Review Rated Preeminent by Martindale-Hubbell® Law Directory. Larry also advises clients in connection with all aspects of the sale or other disposition of businesses, assets and debt, and routinely represents funds and other entrepreneurs in purchasing distressed debt at discounted prices.
Larry was recognized by Best Lawyers in America in Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2014-2015.
Selected Representative Experience
FKF Madison Park Group Owner, LLC Chapter 11
Represented a joint venture, in which the managing member was one of the nation's top real estate development firms, in the acquisition through the bankruptcy process of the debtors' equity in a luxury Manhattan condominium project where secured debt alone is approximately $250 million. Assisted with and coordinated all aspects of the joint venture's efforts, including development of strategy, negotiations with adverse parties, and handling all of the joint venture's transactional, bankruptcy and litigation requirements.
Innkeepers USA Trust
Representation of Midland Loan Services, the special servicer for an $825 million mortgage debt, in the Chapter 11 case of InnkeepersUSA Trust. Innkeepers' attempt to enter into a plan support agreement regarding a debt-for-equity swap was defeated. Midland's efforts resulted in the properties being placed on the market and a substantial increase in creditor recoveries.
06/20/2012 - Think Real Estate, June 2012
Welcome to Think Real Estate
, the real estate newsletter of Haynes and Boone, LLP, a resource for timely legal analysis of issues affecting the real estate industry.
06/12/2012 - The Fallout From Cherryland - Will The Non-Recourse Carve-Out Guaranty Ever Be The Same Again?
The issue is whether the insolvency of a borrower under a non-recourse loan can trigger recourse liability for itself and its “bad boy,” non-recourse carve-out guarantors.
03/28/2012 - Think Real Estate, March 2012
Welcome to Think
Real Estate, the real estate newsletter of Haynes and Boone, LLP, a resource for timely legal analysis of issues affecting the real estate industry.
02/08/2012 - Law360 Guest Column: Can Secured Creditors Credit Bid In Ch. 11 Plans?
The issue is whether a Chapter 11 plan can be crammed down over the secured lender’s objection where the plan provides for the sale or transfer of the secured lender’s collateral with the proceeds going to the secured lender without the secured lender having the right to credit bid for its collateral up to the full amount of its claim.
02/01/2012 - Can Secured Creditors Credit Bid in Chapter 11 Plans? Supreme Court to Decide
The issue is whether a Chapter 11 plan can be crammed down over the secured lender’s objection where the plan provides for the sale or transfer of the secured lender’s collateral with the proceeds going to the secured lender without the secured lender having the right to credit bid for is collateral up to the full amount of its claim.
04/07/2010 - Weathering the Storm: Does the Bankruptcy Code Restrict a Liquidation Trustee’s Power after Plan Confirmation?
Reversing the decision of the United States District Court for the Northern District of Illinois, the Seventh Circuit (the “Court”) held in Grede v. Bank of New York Mellon, et al.,
No. 09-3121 (7th Cir. Mar. 18, 2010) that neither the Bankruptcy Code (the “Code”) nor the Supreme Court’s decision in Caplin v. Marine Midland Grace Trust Co.,
406 U.S. 416 (1972) apply to the activities of a post-confirmation liquidating trustee appointed in a liquidating trust created by a confirmed plan of reorganization.
03/31/2010 - Weathering the Storm: The Mervyn's Holdings Decision: A Lesson for Sellers and Equity Firms Participating in Leveraged Buyouts
The recent case of Mervyn’s LLC v. Lubert-Adler Group IV, LLC, et al.
(In re Mervyn’s Holdings, LLC), serves as a warning to sellers and equity firms participating in leveraged buyouts to be wary of the effect such buyouts will have on creditors of the target company.
03/25/2010 - Weathering the Storm: Third Circuit Ruling on Credit Bidding is Bad News for Lenders
On March 22, 2010, the Third Circuit released its long-awaited ruling in the Philadelphia Newspapers case regarding the applicability of credit bidding. In Philadelphia Newspapers, the proposed plan of reorganization provided for a sale of assets free of the liens of the secured creditors without allowing the secured creditors to credit bid on the assets.