RICHARD W. HAVEL is one of the senior members of the firm’s Bankruptcy/Corporate Reorganization Practice. Mr. Havel has represented parties in informal workouts and in Chapter 11 proceedings, and has served as counsel to creditors’ committees, secured lenders, Chapter 11 debtors and other parties in interest. Mr. Havel has been active as a panelist and speaker in continuing education. He has over the years lectured in areas such as: ALI-ABA programs on Lender Liability; frequent presentations on issues relating to bankruptcy and environmental law; and annual appearances at the Bankruptcy Litigation Institute in San Francisco. He was also an adjunct professor at Loyola School of Law, teaching Debtor/Creditor Rights. He has previously served as an officer and director for the Financial Lawyers Conference.
Mr. Havel has been identified as a leading Insolvency and Corporate Recovery lawyer in Chambers USA: America’s Leading Business Lawyers 2007 and a leading Bankruptcy and Restructuring lawyer in the 2008 through 2012 editions. Mr. Havel is recognized in the 2011 through 2013 editions of The Best Lawyers in America in Bankruptcy.
MetLife - MSR Resorts — Represented MetLife in the Chapter 11 cases for MSR Resorts, which owned 5 luxury resorts - Grand Wailea, Arizona Biltmore, Claremont, Doral and La Quinta. MetLife held a First Mezz loan for $115.0 million in a captial structure of $1.5 billion. The debtors commenced chapter 11 with the intent of proposing a plan to restructure debt through cramdown. Instead, the plan was a complex and hotly contested auction of assets. MetLife made a full recovery.
WestLB - Dancing Bear — Represent WestLB which held a $60.0 loan secured by a luxury condo/fractional interest project5 in Aspen Colorado. The debtor, Dancing Bear, ran out of money in the middle of construction, and filed chapter 11 to stop a foreclosure. There was extensive litigation in the chapter 11 over a priming DIP loan, a contested plan of reorganization and relief from stay, including lender liability claims. WestLB eventually foreclosed on its colateral and prevailed in its motion to dismiss the lender liability action.
Yavapai Apache Nation ("YAN") - Iipay Nation of Santa Ysabel — YAN held a $44.0 million secured claim against the casino assets of the Iipay Nation. We represented YAN in a chapter 11 case filed on behalf of an entity referred to as the "Santa Ysabel Casino". We immediately prosecuted the motion to dismiss on the grounds that the petition was, in fact, on behalf of the Iipay Nation which was not qualified to be a debtor under the Federal Bankruptcy Code. The motion involved complex issues regarding the intersection of Bankruptcy law and Indian Nation sovereignty. The motion was granted and the case dismissed within 60 days of the petition.