The bankruptcy case of TOUSA, Inc. and its various subsidiaries (collectively “Tousa”) is one where lenders have seen their fortunes rise and fall. On March 15, 2012, they fell again when the Eleventh Circuit1 (the “Circuit Court”) reversed the District Court’s opinion and reinstated the Bankruptcy Court’s order, which had disgorged over $400 million from Tousa’s senior lenders and avoided certain guarantees and liens granted to them by the Conveying Subsidiaries (defined below). Specifically, the Circuit Court found: (i) the Tousa Bankruptcy Court did not err when it found the Conveying Subsidiaries did not receive reasonably equivalent value in exchange for the new liens provided to the New Lenders; and (ii) the Transeastern Lenders were the direct beneficiaries of the new liens and as such subject to the avoidance powers of section 550(a). Read More.
Amy Pasacreta is of counsel in Orrick’s Restructuring Group.
She advises investment banks, broker-dealers, hedge funds and other financial institutions on legal issues related to the purchase and sale of domestic and international par and distressed assets, including bilateral and syndicated loans, loan participations and derivative structured products. Amy also works with clients to structure deals involving preference, administrative and unsecured trade claims and assists clients in enforcing their rights in the bankruptcy case after the claims are purchased. She represents buy side and sell side clients in connection with private transfers of debt and equity securities, special situations investments, and transactional matters relative to in-court and out-of-court restructurings. Amy also has experience representing lenders on secured and unsecured financing transactions across a wide array of industries, including shipping, airline, energy and infrastructure.
Amy is a consensus builder with industry knowledge and working relationships with all major market players. She has extensive experience in the preparation and negotiation of bespoke documents under the LSTA and LMA regimes, and is routinely involved with cross-border transactions throughout Europe, Asia, Latin America and the United States. A seasoned practitioner, she coordinates efforts and resources across the firm to ensure transactions are handled efficiently.
Amy is an active member of the industry’s loan associations and provides training for in house counsel and operations teams at financial institutions.