In response to the increasing financial distress caused or exacerbated by the COVID-19 pandemic, Indianapolis-based law firm Ice Miller has launched its Distressed Investment Group to identify and facilitate distressed investment opportunities and assist clients through creative and strategic acquisitions and investments in bankruptcies, in-court restructurings, out-of-court restructurings and other insolvency-related transactions.
DIG is comprised of some of Ice Miller’s most experienced and entrepreneurial bankruptcy, corporate restructuring, finance, real estate, mergers and acquisitions, corporate and tax attorneys. Its members have significant experience advising clients on loan-to-own strategies, debt and equity sales and restructurings, recapitalizations, note purchase loans, debtor-in-possession and exit financings, claims trading, distressed real estate acquisitions, section 363 sales, rescue capital deployment and other insolvency-related and special situations transactions in the context of chapter 11 cases and proceedings, defaulted-loan litigation, workouts, foreclosures, deeds in lieu of foreclosure, Article 9 sales, assignments for the benefit of creditors and receiverships.
DIG advises investment funds, private and institutional investors, lenders, private equity firms, operators and other interested parties in all aspects of strategic distressed investing and related transactions. Its members also frequently serve as bond counsel, issuer’s counsel, bank counsel and underwriter’s counsel in a variety of taxable and tax-exempt municipal financings involving hospitals, health systems, senior living providers, single- and multi-family housing projects, airports, 501(c)(3) organizations, state and local governmental issuers and municipal power agencies.
DIG also has significant experience representing private and institutional investors, including private equity real estate funds and REITs, developers and operators in the acquisition, redevelopment and operation of distressed real estate across various asset classes. Its members are experienced in assessing the target’s capital structure, including its outstanding debt and equity securities and structured finance securities, such as commercial mortgage backed securities (CMBS) in the real estate sector.