Goldberg Kohn - Attorneys at Law Goldberg Kohn Ltd
Goldberg Kohn

Randall L. Klein

Principal

phone 312.201.3974
fax 312.863.7474
email randall.klein@goldbergkohn.com

 

Randy Klein is a principal and chairs the firm's Bankruptcy & Creditors' Rights Group.  He concentrates his practice in the area of the protection and enforcement of creditors’ rights, representing institutional lenders and purchasers of distressed claims.

Mr. Klein has written extensively on creditors' rights, including: "Report of the Model First Lien/Second Lien Intercreditor Agreement Task Force," Contributor, Committee on Commercial Finance, ABA Section of Business Law (July 2010); "Kmart, WorldCom & Adelphia: Mega-Issues from Mega-Cases," Co-author, ABF Journal (October 2003); "Capital Call Agreements as Credit Enhancement," Co-author, The Secured Lender (July/August/2002); "The ABC's of Secured Claims 506(a), (b) and (c)," Norton Ann. Surv. Bankr. L. (1999-2000 Ed.); "Section 364 Recent Developments From the Lender's Perspective," Norton Ann. Surv. Bankr. L.293 (1998-1999 Ed.); "The Impact of State Law on Interpreting Rents and Proceeds Under 552(b)," Norton Ann. Surv. Bankr. L. 379 (1997-1998 Ed.); "The Application and Adequate Protection of Post-petition Rents," Norton Ann. Surv. Bankr. L. 479 (1996-1997 Ed.); "The Hotel Revenues Paradox: Taking a Prepetition Lien on Future Income Streams," ABA Critical Issues in Chapter 11 Bankruptcies (1994); and "A Reply to Whether 1111(b) Gives General Partners Exposure on Non-Recourse Debt," 7 Norton Bankr. L. Adv. (July 1993). Mr. Klein also served as executive editor of Ginsberg & Martin on Bankruptcy and as a contributing editor of  Norton's Annual Survey of Bankruptcy Law.

Mr. Klein is also a frequent speaker on bankruptcy and workout topics, including:  "The New ABA Model Intercreditor Agreement," Speaker, American Bar Association's Section of Business Law Commercial Finance Committee Teleconference (2010); "Dealing with Intercreditor Issues in Today's Loan Markets – The Role of the ABA Model Intercreditor Agreement," Speaker, Commercial Finance Assocation's 65th Annual Convention (2009); "An Introduction to the Model Intercreditor Agreement," Speaker, 2009 Commercial Finance and Uniform Commercial Code Fall Meeting (2009); "Negotiating Intercreditor Agreements as Bankruptcy Filings Soar - Strategies for First and Second Lienholders in an Uncertain Enforcement Environment," Speaker, Strafford Publications (2008, 2009); "Distressed Acquisitions For Strategic Advantage," Speaker, YPO Business & Personal Development Seminar (2008); "The Nuts & Bolts of Buying & Selling Distressed Companies," Speaker, Turnaround Management Association (2008); "Intercreditor Agreements and Bankruptcy - Negotiating Effective Agreements Between First and Second Lienholders in an Uncertain Enforcement Environment," Speaker, Negotiating Intercreditor Agreements Teleconference (2008); "Holding Court 2008: A Bankruptcy Judges' Forum," Co-Chair, Turnaround Management Association (2008); "When does the Music Stop? Ethical Issues Facing Attorneys in Section 363 Sale and Fraud Situations," Speaker, Chicago Bar Association (2008); "Complex Workouts and Restructurings: Capital Structures Incorporating Multiple Stakeholders and Debt Holders," Speaker, 4th Annual Tranche B Second Lien and Junior Capital Summit (2008); “Current Trends in Workouts and Loan Covenants,” Panelist, 23rd Annual Bankruptcy & Restructuring Conference, The Association of Insolvency and Restructuring Advisors (2007); "Venue: One Person's Trash is Another's Treasure," Panelist, Commercial Law League of America (2007); “Current Developments – Director and Officer Liability for Insolvent Companies,” Panelist, Chicago Bar Association (2007); “Legal Issues: When Blanket Liens Provide Cold Comfort,” Commercial Finance Association 16th Annual Entrepreneurial Finance & Factoring Conference (2005); Cutting-Edge Legal Issues and Strategies in DIP Financings: What Are Lenders Asking for, What Are Debtors and Committees Agreeing to, and What Are Courts Approving?" Panelist, Commercial Finance Association Seminar (2002); "Last Out Participations: Traps for the Unwary Lender," (2001); "Bankruptcy," National CLE Conference (2001); "Commercial Loan Workouts," Panelist, Executive Enterprises (1999-2000); "The ABC's of Secured Claims 506(a), (b) and (c)," CBA Advanced Bankruptcy Seminar (1999); "Disjointed and Severed Liability: General Partners in Partnership-Debtors," ABI Central States Bankruptcy Workshop (1999); and "SM 104 and The New Value Corollary: A Secured Creditor's Blessing in Disguise?" CBA Advanced Bankruptcy Seminar (1994).

Mr. Klein is admitted to practice in Illinois and in Florida.  He received his J.D., cum laude, from Northwestern University in 1990 and his B.A. in finance in 1987 from the University of Illinois.  He served as law clerk to the Honorable Ronald Barliant, United States Bankruptcy Court, Northern District of Illinois from 1992 to 1993.  Mr. Klein has been recognized by the Leading Lawyers Network, Super Lawyers, Chambers USA and Who's Who Legal: Illinois as one of the leading insolvency and restructuring practitioners in the state. He is Vice Chair of the ABA's Model Intercreditor Agreement Task Force and is a Fellow in The American College of Bankruptcy.  He is also a member of the American Bankruptcy Institute; of the American Bar Association; of the Chicago Bar Association, Bankruptcy Committee; of the Commercial Finance Association Education Foundation Advisory Board; and of the Turnaround Management Association.

Professional Activities

  • Vice Chair, ABA Model Intercreditor Agreement Task Force
  • Fellow, American College of Bankruptcy
  • Member, American Bankruptcy Institute
  • Member, American Bar Association
  • Member, Chicago Bar Association, Bankruptcy Committee
  • Member, Commercial Finance Association Education Foundation Advisory Board
  • Member, Turnaround Management Association

Education

  • Northwestern University, J.D., cum laude, 1990
  • University of Illinois, B.A., 1987

Bar Admissions

  • Illinois
  • Florida

Articles

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