David L. Kane

David Kane guides secured and unsecured creditors, distressed asset buyers, lenders, trustees, receivers and other stakeholders through complex restructurings, insolvencies and all types of distressed transactions and situations.

Drawing on decades of practical experience, he steers clients through high-stakes financial challenges to achieve favorable outcomes in difficult situations.

Dave handles the full range of bankruptcy and creditors’ rights matters. He advises on workouts, debtor-in-possession financings, cash collateral agreements and Section 363 asset sales, and resolves disputes over leases, equipment and real estate. He prosecutes and defends preference and fraudulent transfer claims, steers adversary proceedings to favorable conclusions, and advises clients on subordination, intercreditor and cooperation agreements.

In addition to bankruptcy and insolvency work, Dave represents bank, non-bank and alternative lenders in complex commercial litigation, including enforcement actions and related lender liability defense. He also regularly represents buyers and sellers in distressed M&A transactions.

Combining strategic legal insight and a practical, solutions-focused approach, Dave handles high-stakes litigation and distressed asset transactions, including sales under U.S. Bankruptcy Code Section 363, UCC Article 9, receiverships and assignments for the benefit of creditors (ABCs). Clients benefit from his ability to help them identify, unlock and preserve value, restore stability, close deals and resolve litigation efficiently in challenging circumstances.

Experience

• Achieved dismissal with prejudice for a national bank client of a lender-liability complaint brought in violation of the Statute of Frauds.
• Implemented an enforcement strategy on behalf of our senior secured creditor client utilizing a receivership to maximize returns through a going-concern sale that culminated in a successful multi-bidder auction that enabled our client to achieve five times the return it expected from a foreclosure sale.
• Represented our client as the winning bidder in an expedited and highly contentious Section 363 sale that resulted in the client's expansion and growth in its marketplace through a targeted and strategic distressed acquisition.
• Developed and implemented a pre-litigation strategy that resulted in the repair and return of 55 leased railcars plus a payment of liquidated damages exceeding $5.8 million. Our client hailed the settlement as a complete victory that enabled it to avoid costly litigation and collect nearly 100% of the amount owed.
• Represented our client in its equity acquisition of 12 foreign subsidiaries of a former national hotel retailer through its assignment for the benefit of creditors, including working with foreign counsel in the Netherlands and Singapore to navigate and close the purchase of a dozen distinct entities across nine separate foreign jurisdictions.
• Successfully negotiated and structured a $65 million strict foreclosure and settlement on behalf our secured lender client.