Thomas S. Kiriakos is a financial restructuring and bankruptcy lawyer, and is the Office Practice Leader for Restructuring, Bankruptcy & Insolvency in our Chicago office. He represents clients such as commercial banks, corporate banks, non-regulated financial institutions, and insurance companies in bankruptcy cases involving debtors engaged in businesses such as real estate, construction, retail, manufacturing, hotels, restaurants, equipment leasing, meat packing, life settlement, personal services (consulting), distribution, transportation, for-profit education, oil field and agricultural chemicals, and oil and gas drilling, production and refining.
He also represents corporate banks, commercial banks and other clients in appeals of bankruptcy-related lower court decisions. He represents corporations and other business entities in acquiring assets in distressed situations, including through bankruptcy sales, including acquisitions in diverse areas such as mortgage loan servicing platforms, conductive polymers and inks used in organic electronic applications, specialty retail chains, and novelty ice cream cones, as well as outside of bankruptcy, including in foreclosure sales and from assignees for the benefit of creditors. He represents official unsecured creditors’ committees.
Tom’s restructuring experience includes negotiating and documenting loan and corporate restructurings and other work-out related matters, primarily as counsel to senior lenders. His bankruptcy securitization experience includes representing commercial banks (including lender groups), other financial institutions, equipment lessors, and rating agencies in bankruptcy aspects of securitization transactions, including debtor-in-possession financing implemented through post-petition securitization transactions.
His general creditors’ rights experience includes implementing public and private disposition of personal and real property collateral, including through sales of financially distressed businesses as going concerns, inside and outside of bankruptcy, as well as through judicial foreclosure actions.
Tom has extensive experience in advising and representing clients in related litigation matters, including possible fraudulent transfer and other avoidance claims, successor liability issues, lender-liability claims, intercreditor disputes, and instances of possible borrower fraud.
His experience with insurance company insolvency includes representing insurance and reinsurance companies in litigation with insurance regulators over insurance insolvency and rehabilitation issues.
- The University of Iowa College of Law, JD, with distinction
- Grinnell College, BA
- Iowa, Certificate of Exemption
- US Supreme Court
- US Court of Appeals for the Fourth Circuit
- US District Court for the Eastern District of Wisconsin
- Member, Board of Directors of the Cameron Kravitt Foundation, 1992 to date
- American Bar Association
- American Bankruptcy Institute
- Illinois State Bar Association
- Lead restructuring partner in representing administrative agent in 2009, 2011 restructurings of $1.8 billion construction loan facility for largest private construction project in North America.
- Represented the “stalking horse” and ultimately successful bidder for substantively all of the assets of Plextronics, Inc., a developer and manufacturer of conductive polymers and inks for use in organic electronic applications, in its Chapter 11 case.
- Represented the “stalking horse” and ultimately successful bidder for mortgage loan servicing platform in New Century Financial Corporation Chapter 11 cases.
- Lead restructuring representing administrative agent of syndicated senior loan facility in UCC Article 9 foreclosure sale of substantially all of the assets of a consumer products company to a third party purchaser.
- Lead bankruptcy partner in successful resolution on behalf of senior lender of Chapter 11 case of LTAP US, LCLP, a life settlement company, including with respect to the denial of various debtor motions after a contested valuation hearing.
- Lead restructuring partner on behalf of administrative agent in restricting and eventual pay-off of senior syndicated loan to a vegetable canning company.
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