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D. Tyler Nurnberg

D. Tyler Nurnberg

Partner
Bankruptcy & Restructuring Department
Office Managing Partner, Chicago

Chicago
T: +1 312 583 2313
F: +1 312 583 2360


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Beratungsschwerpunkte

Ausbildung

  • Northwestern University School of Law
    JD, 1994
  • University of Illinois
    BS, Finance, 1991

Zulassung(en)

  • Illinois
  • New York
  • Northern District of Illinois
  • Seventh Circuit Court of Appeals
  • Eastern District of Michigan
  • Western District of Michigan
  • Western District of Wisconsin

Tyler Nurnberg is a Partner in the Bankruptcy & Restructuring Department and manages the Chicago Office. He represents distressed companies, lenders and investment funds in corporate restructurings throughout the United States. These engagements include both court-supervised proceedings and out-of-court transactions, and often require careful coordination on cross-border aspects. Tyler counsels boards of directors of public and private companies. He advises hedge funds, private equity funds, and other strategic and financial buyers looking to acquire, or make significant investments in, distressed companies. He also advises equity sponsors looking to recapitalize or sell distressed portfolio companies.

Tyler was recognized in Chambers USA 2014, where he was singled out as having “substantial experience in handling restructurings, bankruptcies and distressed M&A transactions on a national level...commentators find him to be ‘knowledgeable and very smart.’” Chambers USA also recognized his Department as one of the top Departments in Illinois. In addition, his Department holds highly-coveted “tier 1” rankings both nationally and in Chicago in U.S. News-Best Lawyers. Tyler led the firm’s representation of 4Kids Entertainment in chapter 11 in the Southern District of New York, which was recognized as one of the most “Successful Restructurings of 2012” by Turnarounds & Workouts.

Tyler is licensed to practice in both Illinois and New York.

Representative engagements include:

  • Advised Liberty Tire Recycling in its out-of-court restructuring. Liberty is North America’s premier provider of tire recycling services, with headquarters in Pittsburgh, PA and facilities throughout the US and Canada. Liberty restructured its senior notes through an exchange offer completed in only seven (7) days, with participation from 99% of the noteholders. The restructuring featured a “plan toggle” that would have enabled Liberty to convert to a “prepackaged” chapter 11 case had the exchange not garnered the required support.

  • Advised Sorema, an Italian company, in connection with its investment in Perpetual Recycling Solutions. Perpetual operates a plastics recycling facility in Richmond, Indiana. The investment was in connection with the out-of-court restructuring of Perpetual.

  • Advised global hedge fund in connection with its distressed debt investment in the privatized underground parking garages on Chicago’s lakefront. The lenders took possession of their collateral through a consensual “assignment in lieu” transaction and the fund became the largest holder of debt and equity in the parking structures.

  • Advised PDM Bridge LLC in its out-of-court restructuring transaction. PDM was a fabricator of steel components for complex bridge structures, with headquarters in IL and large manufacturing plants in WI and FLA. The assets of PDM were acquired by Veritas Steel LLC, a portfolio company of Atlas Holdings.

  • Represented 4Kids Entertainment in chapter 11. 4Kids was an entertainment and media company that managed licensing, broadcast and merchandising rights to popular children’s titles. The case was recognized as one of the most Successful Restructurings of 2012 by Turnarounds & Workouts. In bankruptcy, 4Kids prevailed in a “bet the company” litigation over its most valuable license; negotiated a favorable settlement of remaining litigation claims; sold the license and other operating assets in a joint transaction; and confirmed a plan of reorganization that paid creditors in full, reorganized the company and preserved significant NOLs (SDNY).

  • Represented GSC Group in chapter 11. GSC managed private equity, mezzanine loan, and distressed funds and CLOs/CDOs in the U.S. and Europe and at its peak had $28 billion of assets under management(SDNY).

  • Represented agent for senior lenders in “secured party” sale of 560-condo development in Washington, DC. Sale was completed through a prepackaged chapter 11 plan confirmed in 60 days (D. Del.).

  • Advised private investment firm’s grocery store platform in proposed buyout of Bashas, a 120-store grocery chain in chapter 11 (D. Ariz.).

  • Represented Van Kampen Funds in chapter 11 filed by Ames Taping Tools, national building supplier based in Atlanta, GA. The lenders purchased the business in 363 sale that closed in 90 days (D. Del.).

  • Advised Bank of Scotland in sale of two commercial buildings in lower Manhattan for $180 million. Contested sale was completed through prepackaged chapter 11 plan confirmed in 75 days (D. Del.).

  • Advised Employbridge, national provider of staffing solutions based in Atlanta, GA, in out-of-court restructuring. Business sold to private equity firm.

  • Represented JHT Holdings, a national truck delivery service based in Pleasant Prairie, Wisconsin, in chapter 11. Contested plan of reorganization was confirmed in under 120 days (D. Del.).

  • Advised lender in restructuring of Capmark, originator and servicer of commercial real estate loans. Client was largest lender in syndicate owed $5.5 billion (D. Del.).

  • Advised MAAX Corp. in successful cross-border restructuring that involved parallel filings in Canada (CCAA) and the US (chapter 15) (D. Del.).

  • Represented Muvico Theaters, national chain of luxury movie theaters based in Fort Lauderdale, FL, in out-of-court restructuring transaction.

  • Represented chapter 11 plan administrator in Refco, Inc. (SDNY).

  • Represented SEC-appointed trustee in wind-down of InterBank Funds, group of failed investment funds in Washington, DC (SDNY).

  • Represented senior management team in its management buyout of plastic manufacturer Arrow Plastics in chapter 11 (N.D. Ga).

  • Represented private investment firm in acquisition through chapter 11 of tier one auto suppliers Colfor Mfg. and Colmach Mfg (N.D. Ohio).

  • Represented Van Kampen Funds in chapter 11 cases and out-of-court restructurings throughout US, such as United Artists, Dimac, Harrah’s Jazz Casino, Imperial Sugar, Purina and Payless.

  • Represented lender group in out-of-court restructuring of Medallion Financial, specialty finance company based in New York, NY.

  • Advised lender steering committee in out-of-court restructuring of The Holmes Group, manufacturer of home appliances in Milford, MA.

Tyler writes and speaks on a variety of restructuring topics. Contributions have included:

  • “What’s Next? The Top Issues of 2013 and Beyond,” NACD Directorship (September 2012).

  • “Case Law on ‘Ad Hoc’ Creditor Groups is Becoming Unsettled,” The National Law Journal (February 15, 2010).

  • “Second Circuit Affirms Assignee’s Ability to Enforce Rights Under Acquired Debt in Decision Favorable to Secondary Loan Markets,” Bloomberg Law Reports (February 5, 2010).

  • “Delaware Investors Can’t Agree on Disclosures to Require from Investors in Ad Hoc Groups,” BRCR Client Alert (February 4, 2010).

  • Speaker, “DIP Financing: Emerging Legal Strategies for Debtors and Lenders,” Stafford Publications Teleconference/Webinar (October 2009).

  • “Coping with Distressed Portfolio Companies: The Litigation Aftermath for Sponsors,” Kaye Scholer Investment Funds Newsletter (October 2009).

  • “Liabilities to Watch for After Bankruptcy,” Buyouts Magazine (July 6, 2009).

  • “Disclosure Rules Alter Chapter 11 Hedge Fund Strategies?” The New York Law Journal (April 30, 2007).

  • “Lender Liability Claims in the ‘Big Apple’ — If They Can Make It There, They’ll Make It Anywhere,” The Secured Lender (May/June 2006).

  • “Continued Expansion of Ancillary Jurisdiction Under Section 304 of the Bankruptcy Code to Protect Foreign Insurers and Reinsurers,” Presentation delivered to ABA (December 1999).

Tyler is a former law clerk to the Hon. Jack B. Schmetterer, US Bankruptcy Court for the Northern District of Illinois.