Erens, Brad B.

Current Employment Position(s)

Partner

Lawyer Overview

Brad Erens' practice focuses on corporate restructuring, workout, and bankruptcy matters. He has substantial experience in representing companies, bank groups, other secured and unsecured creditors, committees, asset purchasers, and other interested parties in a wide variety of restructuring matters. He oversees the Business Restructuring & Reorganization Practice in Jones Day's Chicago Office.

Brad's engagements include: Aetna and Zenith Industries (purchaser), Amfac Hawaii (company), Borden Chemicals and Plastics (company), Boscov's Department Store (company), Carmike Cinemas (bank group), Circuit Systems (secured creditor), El Camino Resources (secured lender), FLYi/Independence Air (company), Hollinger Inc. (primary secured bondholder), Hotel 71 (first lien mortgage lender), Leasing Solutions (securitization lender), National Equipment Services (bank group), National Jockey Club (first lien secured lender), NII Holdings (parent company), NRG Energy (company), Pittsburgh Corning Corporation (DIP lender), Rohn Industries (bank group), Snyder's Drug Stores (bank group and DIP lender), Teleglobe (company), and USG Corporation (company).

Brad is an adjunct professor at the DePaul University College of Law and the Chicago-Kent College of Law where he teaches corporate reorganizations. He is featured in Illinois Super Lawyers and Chambers USA and is rated as one of the best bankruptcy lawyers in Chicago by the PLC Cross-border Restructuring and Insolvency Handbook.

Areas of Practice

• Business Restructuring & Reorganization
• Chapter 11 Debtor Representations
• Official Unsecured Creditors' Committees
• Secured Lender Groups
• Bondholder Committees
• Distressed Mergers & Acquisitions
• Global Restructuring Matters
• Other Significant Creditor Representations
• Out-of-Court Restructurings
• Restructuring-Related Lending & Finance
• Consumer Products & Retail
• Financial Services

Representative Cases

• Ameren acquires CILCORP for $1.35 billion
• Amfac Hawaii files chapter 11
• Borden Chemicals files for reorganization
• Boscov's Department Stores becomes another victim of the credit crunch , (2009)
• CIT Group provides DIP financing for Sweet Factory
• CIT Group recovers debt from Drug Emporium
• Citicorp Leasing seeks recoupment of claim
• Citigroup represented in workout of equipment lessor
• Citigroup to liquidate facility with Leasing Solutions
• Continental Airlines involved in preference action
• Davidson Kempner largest bondholder in Hollinger bankruptcy
• Deutsche Bank holds claim in Spiegel's bankruptcy
• Duchossois Industries owed money in liquidation of National Jockey Club
• FLYi Inc. and Independence Air file for bankruptcy with $455 million in debt , (2009)
• Georgia Gulf completes successful debt-for-equity exchange , (2009)
• Goldman Sachs and Bank of New York are administrative agents to Calpine Corporation
• International Automotive Components Group acquires Soft Trim for $134 million , (2009)
• International Automotive Components purchases Collins & Aikman assets
• LaSalle Bank negotiates secured credit agreement
• Matsu acquires Morton Metalcraft , (2009)
• Nextel Communications is creditor in the NII Holdings case
• NuCoastal bids for pipeline assets in Enron chapter 11 case
• Penton Media confirms prepackaged chapter 11 plan and obtains new equity investment
• Pershing Square Capital proposes DIP loan to General Growth Properties , (2010)
• PNC Bank is DIP lender in Pittsburgh Corning reorganization
• Questor Management Company acquires assets of Zenith Industrial and Aetna Industries
• Resilience Capital bids for business unit of Delphi
• Teleglobe is reorganized under chapter 11 , (2009)
• USG Corporation in second restructuring
• USG Corporation wins landmark settlement , (2009)
• Victor Acquisition Corp., an affiliate of Resilience Capital Partners, acquires substantially all of the assets of Victor Oolitic Stone Company in a 363 sale , (2009)
• Wachovia Bank heads up bank group in Carmike Cinemas bankruptcy
• Wachovia Bank holds first lien debt of Hotel 71
• Wachovia provides $35 million credit facility to a construction equipment distributor , (2009)
• Wachovia provides $500 million exit financing for National Equipment Services , (2009)
• Wells Fargo Bank holds $1,000,000,000 claim in Comdisco bankruptcy case
• Xcel Energy undergoes $10 billion chapter 11 reorganization of its unregulated utility subsidiary, NRG Energy

West Practice Categories

Banking & Finance Law, Bankruptcy Law, Business & Commercial Law, Business & Trade, Business Organizations, Collections & Repossessions, Collections & Repossessions, Commercial Bankruptcy, Commercial Leasing, Consumer Bankruptcy, Creditors' Rights, Debt Discharge, Foreclosures, Garnishment, International Law, Mergers, Acquisitions & Divestitures, Reorganizations, Reorganizations & Restructuring, Securities Law, Workouts

Bar Admissions

• Illinois

Education

• U of Chicago
• Yale University

Published Works

• Delaware Bankruptcy Court Overrules Objection of Lone Dissenting Syndicate Lender to Collateral Agent's Credit Bid, 2009
• Bankrupt Subsidiaries: The Challenges to the Parent of Legal Separation, Emory Bankruptcy Developments Journal, 2008
• Second and Seventh Circuits Issue Decisions on Third-Party Releases, 2008
• U.S. Bankruptcy Court Denies Failed Hedge Funds' Request for Chapter 15 Recognition, 2007
• U.S. Bankruptcy Court Denies Failed Hedge Funds' Request for Chapter 15 Recognition, 2007
• Bidders Beware: Private Equity Club Deals Could Be Challenged in Bankruptcy, 2007
• U.S. Won't Rubber Stamp Hedge Funds Under Ch. 15, Bankruptcy Law 360, 2007
• Bidders Beware: Private Equity Club Deals Could Be Challenged in Bankruptcy, 24 The Bankruptcy Strategist 11, p. 1., 2007
• Section 503(b)(9) of the Bankruptcy Code and Preference Liability, 3 Pratt's Journal of Bankruptcy Law, 2007
• Parties Other Than Landlords Have Standing to Prevent Assignment of a Tenant's Lease in Bankruptcy, 2007
• Stock Trading Injunctions in Chapter 11: The Poison Pill Alternative, coauthor, The Bankruptcy Strategist,at 3, 2007
• The Poison Pill Alternative to Stock Trading Injunctions in Chapter 11, 2007
• Confidentiality in Chapter 11, 22 Emory Bankr. Dev. J. 47 (2005), 2005
• New Section 503(c) of the Bankruptcy Code — Who Is an ‘Officer’ Under the KERP Amendment?, Andrews Litigation Reporter, Thomson West, 2005
• The Chapter 11 Debtor and Section 556 of the Bankruptcy Code: Are Your Supply Contracts Safe? Andrews Litigation Reporter - Bankruptcy, 2005
• Significant Business Provisions of Landmark Bankruptcy Legislation, 2005

Address

77 West Wacker
Chicago, IL 60601-1692

Phones

1.312.269.4050 (Business Phone)

Faxes

1.312.782.8585 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com