News
11.16.21
Randall Klein and Eva Gadzheva Co-Author “Injunction Against a Noncomplying Disposition Under Section 9-610”
Overview
Eva Gadzheva is an Associate in the firm's Bankruptcy & Creditors' Rights Group. She represents lenders in the protection and enforcement of creditors' rights in commercial workouts and bankruptcies, including restructurings, reorganizations, sales, liquidations, receiverships, assignments for the benefit of creditors, and debt for equity transactions.
Eva has co-authored several articles concerning the Uniform Commercial Code, including:
- "Opposition to the Permanent Editorial Board Commentary No. [ ], Injunction Against a Noncomplying Disposition Under Section 9-610 of the Uniform Commercial Code," published in The Secured Lender, Nov 2021.
- "Retention of Title Disputes: Don't Take the Uniform Commercial Code for Granted," published in The Bankruptcy Strategist, Oct. 2021.
Experience
- Represented a bank of a duty free goods distributor in the workout of a $25 million senior secured loan facility, which culminated in a Chapter 7. The borrower was heavily impacted by COVID, which resulted in the borrower filing Chapter 7 in order to sell all of its assets and business. Assisted the bank with the sale process and in defending its interest and priority in the collateral against vendors claiming priority to large portion of it, and in particular, against a strong retention of title attack. The case resulted in the court finding that the bank had a senior lien on all disputed assets and approving the sale of the bank’s collateral.
- Represented a financial company in its capacity as administrative and collateral agent for the senior secured lenders (the Agent) of a plastic injection molding company in connection with a workout of a $150 million credit facility. Assisted Agent in exercising remedies to remove and replace the existing board of directors of the loan parties with an independent board of directors by an exercise of pledged equity rights. The workout culminated in a liquidation of the U.S. entities and a change of control transaction to a lender-owned Newco with respect to the business of the Canadian entities.
- Represented a bank in its capacity as administrative and collateral agent for the prepetition senior secured lenders and debtor-in-possession lenders (the Agent) in the Chapter 11 bankruptcy case of a large, national printing company. Assisted Agent pre-petition with various forbearance arrangements and post-petition with negotiating, documenting, and consummating the company’s DIP financing facility and 363 sale. The borrower was able to successfully close a going concern sale in bankruptcy that repaid the senior secured loan facility in full.
- Represented a bank in its capacity as administrative and collateral agent for the senior secured working-capital lenders (the Agent) of a multi-national Tier I and Tier II auto supplier in connection with a complicated workout of a $60 million senior secured loan facility and eventually liquidation. Assisted Agent with negotiating and documenting forbearance agreements, customer exit agreements, and multiple loan participation sales.
Credentials
Education
- Northwestern University Pritzker School of Law, J.D., 2016
- University at Buffalo, B.A., 2011
– International Studies and Political Science, summa cum laude
Admissions
- Illinois
Professional Activities
- American Bankruptcy Institute, Member
- International Women’s Insolvency & Restructuring Confederation, Member