Erich N Durlacher

Practice Areas

Creditors' Rights and Bankruptcy

Financial Institutions

Workouts, Restructurings, & Enforcement

Debtor in Possession Financing

Section 363 Sales

Avoidance Actions

Bankruptcy Litigation

Lender Liability

Receiverships

Commercial & Corporate Finance

Commercial Real Estate Finance

Multifamily Housing

Career

Erich serves as the Atlanta Office Managing Partner while practicing in the firm's Creditors' Rights and Bankruptcy and Lending Practice Groups. Erich represents clients in the resolution of complex commercial issues, the restructuring of performing and distressed credit facilities and swap agreements, and the maximization of debt and collateral recovery. Erich regularly advises financial institutions on structuring intercreditor agreements.

Erich has extensive experience representing companies, financial institutions, and other capital sources in debt restructurings, workouts, and forbearance agreements; the prosecution of receivership and other judicial actions to protect, preserve, and recover collateral; and Chapter 11 bankruptcy cases. Erich routinely represents the Chapter 11 asset purchasers in negotiating and structuring all stages of a 363 sale transaction from LOI through closing.

Erich has experience with the following kinds of lending/borrowing transactions: accounts receivable and inventory finance; cash flow finance; mezzanine finance; health care finance; equipment finance; letters of credit finance; real estate finance; loan syndications and participations; workouts, restructurings and forbearance arrangements; secured party sales; debtor-in-possession finance; and loan purchases and sales.

Erich is a member of the Firm’s Electronic Transactions Group and the UCC Emerging Tech Task Force. He advises secured lenders, financial institutions, and other businesses in the structuring, collateralization, and enforcement of electronic contracts, smart contracts, and related digital assets and rights.

Professional Memberships

American Bankruptcy Institute

Turnaround Management Association

Secured Finance Network

State Bar of Georgia

State Bar of Louisiana

American Bar Association

Personal

Georgia Chamber of Commerce, Board of Directors

HomeStretch, Budget Mentor

Neighborhood HOA, Secretary

Experience

Lead counsel in the successful reorganization of the nation's largest chain of Christian bookstores, with over 260 retail locations and annual revenues in excess of $200 million.

Represented the 363 stalking horse bidder and purchaser in the acquisition of substantially all of the assets of an international manufacturer of high quality fasteners and tack buttons.

Represented secured lender in participation negotiations and workout involving over $5M of debt secured by residential townhome units and raw land.

Represented secured lender with a claim in excess of $10M in a Chapter 7 case involving a Ponzi scheme with over $100M of alleged fraud claims.

Represented secured lender in loan workout and civil RICO litigation involving real estate loans in excess of $15M to an operator of truck plazas and service stations in south Georgia.

Represented secured lender in loan workout and restructuring of credit facilities in excess of $35M to a Southeastern multifamily and residential subdivision developer and property manager.

Represented secured lender in the loan workout, restructuring, and subsequent litigation involving in excess of $29M in related real estate loans to a Southeastern residential subdivision developer.

Represented secured lender in the loan workout and restructuring of approximately $40M in related real estate loans to a Southeastern residential subdivision developer.

Represented secured lender in loan workout, restructuring, and subsequent Chapter 11 case involving three loans in excess of $19M secured by assisted living facilities in the Southeast.

Represented secured creditor in a Chapter 11 case involving loans in excess of $12M to a Southeastern residential subdivision and townhome developer.

Represented secured creditor in a Chapter 7 case involving the recovery and subsequent sale and disposition of helicopter collateral worth approximately $1.5M.

Represented the 363 sale purchaser in the acquisition of substantially all of the assets of a manufacturer of file folders, envelope, and related paper products.

Represented secured creditor in loan workout and subsequent liquidation of a specialty construction business with loans in excess of $10M.

Represented the secured lender in the successful reorganization of Chapter 11 case of an OEM automotive supplier.

Represented lead bank in the workout, restructuring, and subsequent litigation involving loan participations exceeding $50M to regional community banks.

Represented secured lender in the loan workout and restructuring of loans in excess of $15M to the manufacturer of luxury yachts.

Represented the secured lender in the foreclosure and subsequent litigation of multi-million dollar loans to a transportation logistics company.

Represented secured lender in a lien priority dispute with a general contractor involving a loan in excess of $20M.

Representation of national and regional banks in multiple foreclosures sales, confirmation actions, and receivership actions.

Represented secured lender in a loan workout and collateral disposition involving over $5M of debt secured by the leasing portfolio assets of a distressed finance company.

Represented a leading bank holding company as one of the three largest participants in a $50 million syndicated loan group in the Chapter 11 bankruptcy cases of a fast-food restaurant chain and its 182 quick-service restaurants (QSRs). He also advised the bank holding company in the Chapter 11 bankruptcy case of a minority-owned restaurant franchisee with 20 to 30 QSRs in South Carolina.

Represented a leading financial institution on the successful secured party sale of the assets of a distressed IT services provider and an out-of-court restructuring that avoided borrower bankruptcy and resulted in a substantial repayment of bank debt.

Represented a global financial services company, the agent and largest participant, in a $50 million pre-petition loan syndicate and $85 million post-petition loan facility, in the successful 363 asset sale of a finished vehicles (new and used) logistics business.

Represented a leading France-based high growth start-up specializing in remote diagnostic technologies and its subsidiary on the strategic and successful acquisition of a competitor's assets in a contested Chapter 11 363 auction sale process.

Represented leading commercial landlords, based in Tennessee, in the Chapter 11 sale of a quick-service restaurant (QSR) franchise location to the corporate parent.

Represented a leading placement agency for physicians, CRNAs, physician assistants, nurse practitioners, and psychologists at healthcare facilities across the US in the Chapter 9 municipal bankruptcy case of the Tulare Local Healthcare District in California.

Represented a leading regional bank on the negotiated restructuring of a healthcare company's credit facility in anticipation of a Chapter 11 bankruptcy filing and ultimate repayment in full of the bank debt, together with fees.

Represented a regional bank in a $10,000,000 revolving loan and term loan facility secured by all assets for a leading electrical contractor in the renewable energy, utility, and industrial construction sector.

Represented a regional bank in an increased revolving loan and term loan facility ($6,000,000) secured by all assets for a private equity sponsor-owned metal stamping and fabrication company.

Represented a regional bank in a $10,000,000 secured revolving loan facility in the healthcare industry.

Represented a home health care company, as borrower, for a restructured and increased, all asset secured, revolving credit facility and multi-draw acquisition term loans.

Education

Awards