Paul represents and advises lenders, debtors, trustees, hedge funds, distressed asset purchasers, insurance companies, acquirers of distressed debt, lessors, corporate directors, investment advisors, and various Bankruptcy and other Courts in connection with proceedings under both chapter 11 and chapter 7 of the Bankruptcy Code. His practice also includes pre-bankruptcy planning and strategy, out-of-court restructurings and workouts, and counseling regarding the bankruptcy implications of transactions.
Paul has significant experience in a wide variety of litigation, including appeals, in federal and state courts, involving lender liability claims, preference and fraudulent conveyance actions, lien priority disputes, lease re-characterization, and other claims that arise in the debtor-creditor context. He has handled several real estate bankruptcies and workouts, recovering collateral through both negotiation and litigation in the Bankruptcy Court, and negotiating and drafting cash collateral orders and plans of reorganization.
On the transactional side, Paul advises purchasers of assets from troubled companies, and he has significant experience addressing potential insolvency issues affecting stadium financings.
He has lectured on several bankruptcy topics including valuation issues in bankruptcy and the acquisition of distressed debt, and he has also authored numerous articles for a variety of legal publications. Three of his articles have been cited in published judicial decisions. Paul is a Member of the Board of Editors of The Bankruptcy Strategist and is the editor of Herrick's bi-monthly bulletin, Lending & Restructuring Alert, which reports on significant issues in the lending and insolvency arena.
Prior to joining Herrick, Paul was an associate at Dewey Ballantine. While pursuing his law degree, he was a member of the Law Review and received the American Jurisprudence Award in Property.
Gary Eisenberg focuses his practice on financial institutions, loan servicers and hedge funds in evaluating acquisitions of, and restructuring and enforcing rights and remedies in, secured, unsecured, structured, debtor-in-possession and other complex financing transactions. He represents secured and unsecured creditors, institutional lenders, loan servicers and purchasers of assets in Chapter 11 reorganizations, liquidations, and non-judicial auctions and other proceedings. He counsels institutional purchasers and holders of distressed debt in evaluating enforcement rights in multiple jurisdictions, and represents loan syndication agents and indenture trustees, among others, in restructuring and enforcing complex intercreditor agreements.
Gary also creates and implements contested and consensual asset recovery strategies in state, federal and international jurisdictions, helping secured lenders resolve financial issues ranging from default to disposition of distressed assets. He represents businesses in a variety of industries, such as manufacturers, hotels, real estate development, and health care providers. In addition, Gary is fluent in Spanish.
Prior to joining Herrick, Gary was a partner at Windels Marx Lane & Mittendorf, LLP.