Randall L. Klein

Experience

Representation of Agent for senior secured lenders in connection with the American Commercial Lines chapter 11 case.
Representation of Agent for senior secured lenders in connection with the out-of-court restructuring of loans to Corner Bakery.
Representation of Agent for senior secured lenders in connection with the chapter 11 case of Rubio’s Restaurants.
Representation of Fun Eats & Drinks in connection with successful non-cash credit bid and litigation against minority lenders.
Representation of LBC Credit Partners in connection with successful litigation against majority lender regarding a non-consensual “uptiering” transaction.

“Enforcement of the Board Flip – Delaware Bankruptcy Court Confirms Validity of Secured Lender’s Proxy Exercise,” a Goldberg Kohn Alert, April 18, 2023.
“Lender Liability Management: Contractual Traps for Minority Lenders or Fraudulent Transfer Risk for the Majority?,” a Goldberg Kohn Alert, Nov. 14, 2022.
“Lender Liability Management: Restoration of the Duty of Good Faith,” a Goldberg Kohn Alert, April 22, 2022.
“Opposition to PEB Commentary No. [ ], Injunction Against a Noncomplying Disposition Under Section 9-610 of the Uniform Commercial Code,” The Secured Lender, Nov. 2021.
“How the New UST Fee Schedule Is a Ticking Tax-Bomb for Middle Market Debtors,” The Bankruptcy Strategist, May 4, 2018.
“ABI Bankruptcy Reform: Will It Destroy Cash Flow Lending,” The Bankruptcy Strategist, April 2015.
“Majority Rules: Non-Cash Bids and the Reorganization Sale,” American Bankruptcy Law Journal, September 2010. (The article resulted from Randy’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.)
“The Pre-Petition Right to Post-Petition Income Streams and the Misinterpretation of Section 552,” American Bankruptcy Institute Journal, December 2010.

“An Analysis of the Final Report of the ABI Commission to Study the Reform of Chapter 11,” a joint webinar for The Loan Syndications and Trading Association and the Secured Finance Network, Dec. 11, 2014.
“Discussion of the Bankruptcy Reform Commission’s Recommendations to Reform Chapter 11,” at the Secured Finance Network’s Annual Convention, 2014.
“The New ABA Model Intercreditor Agreement,” an American Bar Association’s Section of Business Law’s Commercial Finance Committee teleconference, March 25, 2010.
“Dealing with Intercreditor Issues in Today’s Loan Markets – The Role of the ABA Model Intercreditor Agreement,” at the Secured Finance Network’s 65th Annual Convention, Nov. 6, 2009.