PRACTICE AREA
When a bond issuance fails, a trust becomes the subject of litigation, or distressed assets require court intervention, the legal issues extend far beyond ordinary trust administration.
Institutional trustees and fiduciaries must navigate competing stakeholder interests, complex governing documents, regulatory oversight, distressed assets, and substantial financial exposure.
Dorwart represents indenture trustees, corporate trustees, banks, paying agents, escrow agents and other institutional custodians in high-stakes matters involving bond defaults, breach of fiduciary duty claims, trust administration disputes, receiverships, escrow disputes and distressed assets.
Many of these matters involve tens of millions of dollars in assets and require balancing legal obligations, operational realities, and stakeholder expectations.
Dorwart has extensive experience representing fiduciaries in matters involving distressed assets and complex operational environments.
These matters require more than legal analysis; they require an understanding of how businesses operate, how value is preserved, and how fiduciaries fulfill their obligations when circumstances become difficult.
Institutional trustees face unique challenges. They must balance competing interests, satisfy complex legal obligations, and make decisions involving significant assets and substantial scrutiny.
Dorwart helps trustees, lenders, and fiduciaries navigate those challenges with practical judgment, litigation experience, and a relentless focus on protecting value.
Dorwart represented an indenture trustee following the default of more than $75 million in municipal conduit bonds secured by assisted living, independent living, and skilled nursing facilities. The matter proceeded under the supervision of an SEC-appointed court monitor and involved the management and disposition of distressed healthcare-related assets.
The default placed substantial bondholder investments at risk and required the trustee to navigate competing stakeholder interests while preserving asset value. The matter also involved operational challenges associated with healthcare facilities serving vulnerable populations.
Dorwart advised the trustee throughout the administration, management, and resolution process, helping balance fiduciary obligations, regulatory considerations, enforcement actions, operational realities, and recovery objectives.
The assets were successfully liquidated through the court-supervised process while protecting the trustee’s interests and fulfilling its obligations to bondholders.
The matter demonstrated Dorwart’s ability to guide institutional fiduciaries through complex distressed-asset situations involving substantial financial exposure, regulatory oversight, and operational challenges.
Represented the indenture trustee in the default of $70 million in municipal revenue bonds secured by a portfolio of more than 1,700 apartment units across 35 multifamily properties in the Florida Panhandle. Through a single federal court action in the Northern District of Florida, Dorwart obtained foreclosure of the entire portfolio — representing approximately 30% of the low- to moderate-income housing in the Florida Panhandle — while positioning the bondholders to recover 100% of the value of their bonds.
Represented an indenture trustee in the default of $60 million of municipal conduit bonds secured by assisted living, independent living, and skilled nursing facilities administered through an SEC-appointed receiver.
Successfully defended an indenture trustee against fraud-related claims seeking $10 million in damages arising from municipal bond financings involving senior living facilities.
Experience and Insight for your most complex legal matters
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