With more than 15 years of experience, Stewart Spielman represents institutional lenders, nontraditional investors, and equity funds in a variety of complex commercial loan workout and enforcement matters. He is certified as a Business Bankruptcy specialist by the American Board of Certification and by the Louisiana Board of Legal Specialization.
Commercial Finance Workouts
Stewart has extensive experience negotiating complex workouts, forbearances, amendments, extensions, waivers, and recapitalizations of distressed commercial financing relationships secured by many types of collateral throughout the United States.
Stewart’s representative creditor- (secured and unsecured) specific experience covers real estate loans, vessel loans, agented and syndicated loans, SBA/USDA-guaranteed loans, and asset-based lending, as well as wholesale automotive and equipment floor plan financing.
Some of Stewart’s notable work includes representing:
- Agent bank in negotiated resolution of distressed $20-million syndicated bond portfolio secured by real estate and associated equipment
- Participant bank in workout of $500-million syndicated loan secured by supply vessels, charter party contracts, and associated collateral
- Agent bank in negotiated sale of $60-million syndicated loan secured by supply vessels
- Agent bank in workout of $150-million syndicated loan secured by electronic chattel paper and receivables
- National floorplan lender in tri-party workout of $20-million factoring arrangement
- Agent bank in workout of defaulted $100-million syndicated loan secured by receivables
- Participant bank and lender in workout and ensuing bankruptcy of multinational shipping company involving $150-million syndicated facility and various stand-alone loans secured by cargo vessels, real estate, and UCC collateral
- National bank’s enforcement of multistate, $10-million asset-based loan secured by tax lien receivables
- National bank’s enforcement of multimillion-dollar asset-based and real estate loan in bankruptcy of regional HVAC/plumbing company
- Regional bank’s enforcement of $25-million loan secured by apartment and condominium complexes located in two states
- REMIC trusts and equity funds in foreclosures of local/regional hotels, apartment complexes, and shopping centers
- National bank in a multimillion-dollar lender liability lawsuit arising from Hurricane Katrina-related floorplan financing
- National finance and asset-based lenders in bankruptcies of local hospitals
- National finance company in foreclosure and bankruptcies of video poker casinos
- Lenders in numerous appeals, in both state and federal courts, dealing with a variety of lender liability claims
Commercial Loan Closings
In addition to prosecuting enforcement actions and resolving loan disputes, Stewart utilizes his familiarity with how those loan documents will be implemented and the issues that may arise in bankruptcy to properly structure and document the loan either at the time of origination or in the context of a loan re-documentation. Stewart’s representation of clients during these transactions has included the negotiation of multimillion-dollar receivable financing transactions, international vessel sales and financing packages, rendering nationwide compliance opinions on various UCC matters, sales and leasing of equipment and inventory to local and regional companies, and overall organizational structuring and documentation.
Bankruptcy and Reorganizations
Stewart’s representation of lenders, as well as nontraditional financial institutions in bankruptcy proceedings across the southeastern United States, has encompassed all aspects of Chapter 11 proceedings, including motions for relief from stay, disputes regarding lease agreements, objections to confirmation of plans, obtaining adequate protection orders, motions to convert, cash collateral orders, negotiating asset sales, and a wide variety of adversary proceedings from fraudulent transfers, ranking disputes, classification of estate assets, and pursuing discharge and dischargeability objections.
Stewart also represents clients in more traditional commercial litigation matters in both trial and appellate courts involving contract disputes, environmental disputes, oil and gas contracts, legacy lawsuits, commercial lease enforcements, and a wide variety of other commercial disputes.
- First American Bank and Trust v. Jackson, 2014-0739 (La. App. 1st Cir. 3/6/15), 2015 WL 997210
- IberiaBank v. Live Oak Circle Development, L.L.C., --- So.3d ----, 2013 WL 1952195 (La.App. 1 Cir. 5/13/13)
- Joseph N. Traigle v. Hancock Bank of Louisiana, et al, 2012 WL 4329313 (La.App. 1 Cir. 9/21/12)
- GE Commercial Finance Business Property Corp. v. Louisiana Hosp. Center, L.L.C., 69 So.3d 649, 2010-1838 (La.App. 1 Cir. 6/10/11)
- Hancock Bank of Louisiana v. Advocate Financial, LLC, 2011 WL 94425 (M.D.La. 2011)
- Hue-Mar v. Freedomroads Operations Co., LLC, 2009 WL 1322294 (W.D.La. 2009)