David M. Neff

Debtor Representation: Hotels

Widely recognized as one of the most experienced lawyers in the country in hotel bankruptcies and workouts. Bankruptcy counsel to dozens of hotel owners in their bankruptcies including: Motels of America, which owned 95 motels; Better Value Inns Inc., which own nine motels; Shamrock-Hostmark Fund, which own five hotels; Sun-related entities, which own seven hotels; and owners of hotels in bankruptcy cases across the country from San Diego to Miami to Hartford to Salt Lake City. Lead counsel to RadLAX Gateway Hotel, LLC and RadLAX Gateway Deck, LLC in their appeal of the denial of their bid procedures motion before the U.S. Supreme Court.

Debtor Representation: Law Firms

• Bankruptcy counsel to Keck, Mahin & Cate, a 350-lawyer national law firm, which confirmed a Chapter 11 liquidation plan with almost 180 partners participating. See In re Keck, Mahin & Cate, 241 B.R. 583 (Bankr. N.D. Ill. 1999).
• Represented Chicago-based law firms Peterson & Ross, Hedlund, Hanley & John and Quinlan & Crisham in their dissolutions.

Debtor Representation: Investment Advisors

Bankruptcy counsel to Robert Lunn and Lunn Partners, LLC, a prominent investment advisor and his firm, in their Chapter 11 cases. Confirmed a plan paying unsecured creditors more than $20 million on their claims.

Unsecured Creditor Representation: Landlords

Counsel to more than 30 parties, including numerous landlords, in the bankruptcy case of Kmart Corporation. Prevailed on contested matters in that case that included the following: (1) obtained a bankruptcy court order over Kmart's objection finding that rejection of a client's lease occurred when the debtor obtained a court order rejecting that lease, not when the debtor filed its motion to reject that lease; (2) obtained a favorable settlement from Kmart after argument before the United States Court of Appeals for the Seventh Circuit seeking reinstatement of the bankruptcy court's award after trial of $5 million of damages as a result of Kmart's holdover tenancy; and (3) obtained a district court reversal of the bankruptcy court's summary judgment preventing a client from drawing on its letter of credit. See In re Kmart Corp., 297 B.R. 525 (N.D. Ill. 2003).

Unsecured Creditor Representation: Trade Creditors

Represented Frito-Lay Inc., The Quaker Oats Company and Pepsico Inc. in bankruptcy cases throughout the country.

Unsecured Creditor Representation: Creditors' Committees

• Counsel to the Creditors' Committee of Edison Mission Energy in its multibillion dollar Chapter 11 case.
• Counsel to the Creditors' Committee of Galaxy Steel & Tube Inc., a steel fabricator, in which the Committee confirmed a plan paying creditors 100%.
• Counsel to the Creditors' Committee of Lineal Group, the manufacturer of Samsonite patio furniture, in which the Committee confirmed a liquidating plan.
• Counsel to the Creditors' Committee of Hedstrom Corporation, the manufacturer of outdoor items, in which the debtor confirmed a liquidating plan. Obtained a favorable ruling from the bankruptcy court after trial greatly reducing the fees allowed to an oversecured lender for its financial advisor. See Matter of Hedstrom Corp., 333 B.R. 815 (Bankr. N.D. Ill. 2005).
• Counsel to the Creditors' Committee of Eckland Consultants, in which the Committee confirmed a liquidating plan.

Lender Representation

• Represented two CMBS special servicers in the Innkeepers bankruptcy case, which involved almost 80 hotels.
• Counsel to CMBS special servicers in connection with numerous defaulted commercial real estate loans in excess of $1 billion.
• Counsel to numerous lenders in cases involving hotels, including those involving Lake Lawn Lodge in Delavan, WI, the Embassy Suites in Schaumburg, IL and the Holiday Inn in La Crosse, WI.
• Counsel to RAIT Financial in the bankruptcy case involving the Sharpstown Mall in Houston, TX.
• Counsel to Builders Bank in connection with numerous loans to a real estate developer exceeding $50 million.
• Counsel to Fifth Third Bank in connection with a number of commercial real estate loans.
• Counsel of record for secured lender in Ninth Circuit appeal of confirmation of debtors’ joint Chapter 11 plan involving issues of equitable mootness, section 1129(a)(10) and section 1111(b) of the Bankruptcy Code. The cases involves $300 million in debt. Argued the case on January 13, 2015.

Receiver Representation

• Counsel to the receiver of the Mount Airy Lodge in Mount Pocono, PA.
• Counsel to the receiver of the Wyndham Glenview, IL.
• Counsel to the receiver of the Executive Inn in Owensboro, KY.

Assignee Representation

• Counsel to the assignee for American Pacific Enterprises, which manufactured bedding products under such labels as Nautica.
• Counsel to the assignee of Delray Farms Inc., which operated a number of specialty grocery stores in several states.

Other Notable Representations

• Represented Waldorf-Astoria Management LLC in the MSR Resort bankruptcy case, which involved five luxury resorts.
• Counsel to the Government of Anguilla in connection with restructuring the agreements of resort developers on the Island.
• Counsel to private equity firm Reliant Equity Investors LLC in three lawsuits in West Virginia seeking damages under the Worker Adjustment and Retraining Notification Act (WARN) and the Wage Payment and Collection Act.
• Counsel to training school MBTI and its owners in connection with investigations by the U.S. Department of Education and the U.S. Attorney regarding the use of funds and reporting of operations. No charges were filed against any of MBTI's clients.