Trevor Hoffmann is a partner in Haynes and Boone's Bankruptcy and Business Restructuring Practice Group. He is based in the firm's New York office. Trevor has experience representing creditors, including lenders, landlords and lessors, an examiner and other parties in interest in reorganization proceedings, financial restructurings and commercial litigation.
Trevor was selected for inclusion in New York Rising Stars 2011 - Metro Edition.
Trevor's representative matters include:
- Senior bankruptcy and trial counsel representing Midland Loan Services as special servicer on an $825 million senior secured loan collateralized by 45 hotels in the Innkeepers bankruptcy case pending in the Southern District of New York Bankruptcy Court.
- Representation of second lien agent and certain second lien (junior) lenders in the FX Luxury Las Vegas I, LLC bankruptcy case in the Las Vegas, Nevada bankruptcy court. Successfully obtained ownership for the firm's clients of a seventeen-acre property located on the Las Vegas strip across from City Center.
- Representation of The Bank of New York Mellon, as successor administrative and collateral agent for the first lien lenders holding $185 million of senior secured debt in the Wellman, Inc. Chapter 11 case.
- Representation of NexBank, SSB, Highland Capital Management, L.P. and Highland Institutional Funds in connection with holdings $102 million of secured second lien debt in Broadstripe LLC Chapter 11 case and related lender liability litigation.
- Representation of Highland Capital Management, L.P. as defendant in Fedders North America, Inc. Chapter 11 lender liability litigation.
- Representation of NexBank, SSB and ad hoc second lien lender group in connection with FX Luxury Las Vegas workout and Chapter 11 bankruptcy case.
- Representation of Five Mile Capital Partners LLC as pre- and post-petition secured lender in Crescent Resources, LLC real estate Chapter 11 bankruptcy case.
- Representation of The Bank of Nova Scotia as agent for the Parnassos Lenders in Adelphia Communications Corp. Chapter 11 case and related litigation.
- Representation of examiner in Nellson Nutraceutical Chapter 11 case.
- Representation of Deutsche Bank Trust Company Americas, as junior secured lender in Happy Kids children's apparel workout and Chapter 11 case.
- Representation of aircraft lessor in Varig airlines section 304 proceeding.
- Representation of Citicorp Leasing, Inc. as equipment lessor in Tower Automotive Chapter 11 case.
- Representation of Societe Generale as lender in Quebecor World (USA), Inc. bankruptcy.
Publications
- "Annual Review of Litigation, Chapter 3: Appellate Practice," contributor, with Kendyl Hanks and Mark Trachtenberg, American Bar Association, Section of Business Law, April 2011.
- "Fundaments of Chapter 11," Haynes and Boone Seminar, "Nuts and Bolts of (International) Insolvency," March 29, 2011.
- "Equitable Mootness: Will the Surgery Kill the Patient?" American Bankruptcy Institute Journal, September 2010.
- "In re General Growth Properties, Inc.: Motions to Dismiss SPE Cases...DENIED," Lenard Parkins, Michael Foreman and Trevor Hoffmann, Pratt's Journal of Bankruptcy Law, November/December 2009.
- "Weathering the Storm: Savings Clauses: Fraudulent Transfer Issues in the TOUSA Bankruptcy Case," October 21, 2009.
- "Weathering the Storm: Recent Court Decision Exposes the Reach of a Corporate Family's Financial Distress to its Bankruptcy-Remote Special Purpose Entities and Their Lenders," August 25, 2009.
- "Bankruptcy Court Provides Parent Corporation with Access to Revenue Streams from Special Purpose Entities: In re General Growth Properties, Inc., et al.," Lenard Parkins and Trevor Hoffmann, Practicing Law Institute, July 2009.
Memberships
- Turnaround Management Association - Young Professionals Committee
- New York City Bar Association
- American Bankruptcy Institute
- International Bar Association
- Canadian Association of New York
- Canadian American Bar Association
Selected Representative Experience
Mexicana Airlines - Chapter 15
Representation of American Airlines' interests related to the Concurso proceedings of the Mexican passenger airlines Mexicana, including proper treatment of claims arising under a codesharing agreement and an interline agreement.
Innkeepers USA Trust
Representation the largest creditor in the Innkeepers bankruptcy cases, Midland Loan Services, Inc., special servicer for an $825 million CMBS loan secured by forty-five franchised hotels.
FX Luxury Las Vegas, LLC - Bankruptcy
Representation of second lien agent and certain second lien (junior) lenders in the FX Luxury Las Vegas I, LLC bankruptcy case in the Las Vegas, Nevada bankruptcy court. Successfully obtained ownership for the firm's clients of a seventeen-acre property located on the Las Vegas strip across from City Center.
Fedders North America, Inc.
Represented Highland Capital Management, L.P. as secured lender in confirmed Chapter 11 case. Highland was a co-proponent of the plan of liquidation. Highland and the other lenders are also defendants in a lawsuit brought by the successor to the unsecured creditors' committee alleging multiple causes of action. In May 2009, the court issued a ruling, dismissing all claims against the lender defendants, including Highland, other than the aiding and abetting breach of fiduciary duty claim. We are currently defending Highland with regard to the remaining claim.
Online Publications
12/01/2009 -
In re General Growth Properties, Inc.: Motions to Dismiss SPE Cases....Denied
In the recent heyday of real estate and structured finance, the use of “bankruptcy-remote” special purpose entities (“SPEs”) as borrowers was a fundamental underwriting requirement by lenders, and a critical factor considered by ratings agencies, to shield lenders and their collateral from the potentially adverse impact of bankruptcy filings by their borrowers’ parents and affiliates.
10/21/2009 -
Weathering the Storm: Savings Clauses: Fraudulent Transfer Issues in the TOUSA Bankruptcy Case
The judge's ruling in the October 13, 2009 TOUSA, Inc. bankruptcy cases raises a number of troubling issues for commercial lenders, including but not limited to, the judge calling into question the enforceability of fraudulent conveyance “savings clauses,” common in commercial loan agreements.
08/25/2009 -
Weathering the Storm: Recent Court Decision Exposes the Reach of a Corporate Family’s Financial Distress to its Bankruptcy-Remote Special Purpose Entities and Their Lenders
In the recent heyday of real estate and structured finance, the use of “bankruptcy-remote” special purpose entities (SPEs) as borrowers was a fundamental underwriting requirement by lenders in many loans, and a critical factor considered by ratings agencies, to shield lenders and their collateral from the potentially adverse impact of bankruptcy filings by their borrowers’ parents and siblings.