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D. Tyler Nurnberg

D. Tyler Nurnberg
Partner, Bankruptcy & Restructuring Department
Office Managing Partner, Chicago

T: +1 312 583 2313

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Tyler Nurnberg is a partner in Kaye Scholer’s Bankruptcy & Restructuring Department. He leads engagements on behalf of debtors, lenders and institutional investors in bankruptcies and out-of-court restructurings throughout the United States and in “cross border” proceedings involving foreign jurisdictions. He counsels boards of directors on myriad issues including fiduciary obligations. He advises private equity funds looking to recapitalize or sell distressed portfolio companies. He represents investors acquiring distressed companies or making significant investments in the debt or equity of distressed companies.

Tyler is recognized as a leading bankruptcy/restructuring practitioner in Chambers USA 2014, where he is 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 practice group as one of the top such groups in Illinois, and his practice group 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 and its affiliates 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. The restructuring consisted of a refinancing of the $95 million secured credit facility and an exchange offer and consent solicitation to restructure $225 million of senior notes. The exchange offer was completed in only seven (7) days, with participation from 99% of the noteholders. Liberty’s customer contracts, licenses, permits, trade debt and employee obligations were left intact. The restructuring featured a “plan toggle” that would have enabled Liberty to convert to a “prepackaged” chapter 11 case, with parallel proceedings in Canada, had the exchange not garnered the required level of noteholder support.
  • Advised Sorema Plastics Recycling Systems, 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 investment in a $600 million secured credit facility secured by privatized underground parking garages located on Chicago’s lakefront. The lenders took possession of their collateral through a consensual “assignment in lieu” transaction, following which the fund became the largest holder of debt and equity in the entity to which the parking rights were transferred.

  • Advised PDM Bridge LLC in an 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. While 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 with portfolio of $288 billion. Client was largest lender in syndicate owed $5.5 billion (D. Del.).

  • Advised MAAX Corp. in successful cross-border restructuring that involved multiple 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 successful out-of-court restructuring.

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



Northwestern University School of Law, JD, 1994

University of Illinois, BS, Finance, 1991



New York

Northern District of Illinois

Seventh Circuit Court of Appeals

Eastern District of Michigan

Western District of Michigan

Western District of Wisconsin

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