
Randy Klein is a principal at Goldberg Kohn and chairs the firm’s Bankruptcy & Creditors’ Rights Group. He concentrates his practice in the area of the protection and enforcement of creditors’ rights. Mr. Klein is recognized as a leader in his field by his peer selection as a Fellow in the American College of Bankruptcy. He has been named by Chambers USA for nearly a decade as a leading lawyer in the United States in Bankruptcy/Restructuring and has also been named to the Illinois Super Lawyers list annually since 2006. Mr. Klein was selected to the Lawdragon 500 Leading U.S. Bankruptcy and Restructuring Lawyers in 2020.
Mr. Klein has written extensively on creditors’ rights, including: “The Pre-Petition Right to Post-Petition Income Streams and the Misinterpretation of section 552," Co-author, American Bankruptcy Institute Journal, (December 2010); “Majority Rules: Non-Cash Bids and the Reorganization Sale,” Co-author, American Bankruptcy Law Journal (September 2010). The latter article resulted from Mr. Klein's novel structuring and implementation of the acquisition of Ames Taping & Tooling by a subset of junior secured lenders for non-cash consideration, including debt and equity securities issued by the acquisition entity. Mr. Klein also co-authored the First Report of the Commercial Finance Association to the ABI Commission to Study the Reform of Chapter II (November 15, 2012). "ABI Bankruptcy Reform: Will It Destroy Cash Flow Lending," Co-author, The Bankruptcy Strategist (April 2015).
Mr. Klein is also a nationally recognized expert on the drafting and enforcement of intercreditor agreements and unitranche agreements. He participated extensively in the drafting of the LSTA Form of Agreement Among Lenders (2019). He is a frequent lecturer on the topic and has spoken on many occasions including: "DIP Financing: What's New; What's Not; And What's Coming" and "Creditors’ Committees: Why They Work; Why They Don't; Are They Obsolete?" (2016); "Unitranche and Bank Loans," The American College of Investment Counsel (2015); "An Analysis of the Final Report of the ABI Commission to Study the Reform of Chapter 11," The Loan Syndications and Trading Association (2014); "Discussion of the Bankruptcy Reform Commission’s Recommendations to Reform Chapter 11," Commercial Finance Association Annual Convention (2014); "Undersecured Creditor's Dilemma: Defining the Limits on Credit Bids and Lien Stripping," Fifth Annual American College of Bankruptcy Seventh Circuit Education Committee Seminar (2014); "Structure War - ABL vs. Cash Flow vs. Unitranche," CFA Asset Based Capital Conference (2014); "The New ABA Model Intercreditor Agreement," 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," Commercial Finance Association's 65th Annual Convention (2009); "An Introduction to the Model Intercreditor Agreement,". He is one of the co-authors of the American Bar Association's model form: "Report of the Model First Lien/Second Lien Intercreditor Agreement Task Force," Contributor, Committee on Commercial Finance, ABA Section of Business Law (July 2010).
News
- August 20, 2020
- September 30, 2019
- March 12, 2019
- January 28, 2019
- August 21, 2018
- May 4, 2018
- January 25, 2018
- August 15, 2017
- May 26, 2017
- January 13, 2017
- August 15, 2016
- May 27, 2016
- January 8, 2016
- August 17, 2015
- June 11, 2015
- May 19, 2015
- January 9, 2015
- August 21, 2014
- May 23, 2014Chambers USA 2014
- January 13, 2014
- January 5, 2014
- August 19, 2013
- May 28, 2013
- November 15, 2012
- August 29, 2012
- June 8, 2012
- May 29, 2012
- March 9, 2012
- December 13, 2011
- February 10, 2011
- March 24, 2010
Publications
- May 4, 2018The Bankruptcy Strategist
- April 6, 2015The Bankruptcy Strategist
- October 18, 2011Journal of Corporate Renewal
- September 8, 2011
- December 1, 2010American Bankruptcy Institute Journal
- September 21, 2010American Bankruptcy Law Journal
- August 30, 2010The Secured Lender
- July 13, 2010
- July 1, 2002Reproduced with permission from "The Secured Lender," published by the Commercial Finance Association, www.cfa.com
Seminars & Speaking Engagements
- September 15, 2017
- January 28, 2016
- October 9, 2015
- April 30, 2015
- December 11, 2014
- September 5, 2014
- February 5, 2014
- June 16 - 17, 2011
Practice areas
Industry Focus
Education
- Northwestern University, J.D., cum laude, 1990
- University of Illinois, B.A., 1987
Bar Admissions
- Illinois
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