Randall L. Klein

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.

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. 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).