Nixon Peabody LLP
Lou Cisz concentrates his practice on insolvency, restructuring debts, creditors’ remedies and related litigation. His clients include lenders, special servicers, manufacturers, vendors, contractors, health care companies, insurers, indenture trustees, buyers and sellers of assets and business ventures in a large cross-section of industries.
Mr. Cisz has also worked in the food and beverage industry and has represented clients in that industry throughout his career. He has represented parties in cases involving growers, producers, manufacturers, brokers, traders, restaurants, wineries, bakeries, vineyards, grocery chains, and a food and wine museum. Some of the products at issue in these matters include wine and craft beer, caviar, artisanal cheeses, ice cream and frozen yogurt, hamburger buns, grapes, walnuts, raisins, and tomatoes, among other products.
What do you focus on?
I provide a full range of services to clients encountering insolvency issues, whether the issues arise in a bankruptcy case, a non-bankruptcy court forum or in an out-of-court commercial dispute or transaction.
My team recently confirmed a creditors’ plan that created a trust through which our client could maximize value and develop collateral for the benefit of insured bondholders. We have been engaged by secured lenders in numerous matters, including complex single asset real estate cases. Recently we obtained full payment of principal, interest, costs and attorneys’ fees in several contentious Chapter 11 cases. We also extracted a construction owner client from an improperly filed involuntary bankruptcy case commenced by a disgruntled contractor and two suppliers. Following entry of judgment in our client’s favor, we obtained a court order awarding all costs and attorneys’ fees incurred. Both the judgment and order were upheld on appeal.
Creditors’ Rights and Remedies
We are often retained to obtain possession of collateral, protect property rights and interests and secure other monetary and nonmonetary relief in bankruptcy courts, non-bankruptcy courts or via negotiated agreements throughout the country. In one case, we obtained possession of critical work-in-process, tools and permits without court intervention. In another case, we obtained rights in significant accounts receivable through a writ of attachment that quickly resolved the dispute.
Commercial Litigation Focused On The Debtor-Creditor Relationship
When necessary, we are ready, willing and able to successfully try commercial disputes before judges and juries. We recently obtained a directed verdict for over $47,000,000 in a state court action to enforce a commercial guaranty. In another matter, we obtained a verdict awarding our client the accrued default interest that was not paid through a Chapter 11 plan, but remained due and owing by the non-debtor guarantor.