Frederick (Rick) Hyman
Overview
Restructuring and bankruptcy counsel require a broad and deep skill set to guide their clients through difficult times. Whether representing financial institutions, purchasers of distressed assets, or companies facing challenges, Rick applies his 30 years of experience to help clients chart a path and maximize their outcome.
Career & Education
- University of Vermont, B.A., cum Laude, 1989
- Hofstra University School of Law, J.D., With Distinction, 1992
- New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
Professional Activities and Memberships
- American Bankruptcy Institute
- Hofstra Law Review, Hofstra University School of Law
Rick's Insights
Publication | 06.12.24
Press Coverage | 03.21.24
The Current Opportunities And Challenges In Asset-Based Lending
Press Coverage | 03.20.24
Representative Matters
- Representing a leading U.S. bank as agent for a syndicate of lenders in the workout of a $165 million revolving credit facility advanced to one of the world’s largest suppliers of heavy construction and mining equipment. The obligors include subsidiaries in Brazil, Peru, Germany and Canada.
- Representing the agent in complex restructuring of $135 million term loan and revolving credit facility extended to a sponsor-led provider of "last mile" services in the cable and wireless industries.
- Represented one of the world's largest banks as agent in connection with the Chapter 11 bankruptcy of a helicopter leasing company, including in connection with the successful credit bid for the lenders' collateral. The borrower was financed with eight bilateral credit facilities, with distinct lenders and secured by different collateral.
- Represented a major Canadian bank in connection with its exposure in Hertz’ bankruptcy case in Delaware. The bank held approximately $200 million in several series of bonds issued by certain of the Hertz’ non-debtor securitization subsidiaries (and serviced by other debtor-subsidiaries).
- Represented a leading bank as agent in the restructuring of $60 million term loan and revolving credit facility extended to a leading provider of concert lighting systems for domestic and international events, particularly impacted by the pandemic given the industry in which it operates.
- Represented a major money center bank in connection with the Chapter 11 case of a leading costume supplier; the debtors’ business was severely challenged by the uncertainty of the Halloween season during the pandemic; the bank was ultimately paid in full from the proceeds of a sale of the business.
- Represented a major Asian bank in connection with a series of bilateral loans to certain of the debtors and affiliates of a foreign fishing company that filed for bankruptcy in the SDNY; with more than $200 million of exposure, the client was one of the largest creditors to the corporate enterprise, and the cases were filed in an effort to prevent creditors from exercising remedies in foreign jurisdictions.
- Represented the foreign representative of a foreign holding company in connection with (i) the commencement and prosecution of its Chapter 15 Case in the SDNY and (ii) the defense of an arbitration award recognition proceeding in Federal court.
- Represented a major Canadian bank in connection with the workout of approximately $50 million of loans extended to a New Jersey-based real estate developer and the related defense of a "lender liability"-based suit, with the matter ultimately settling to the bank's satisfaction.
- Represented leading bank as agent for club lenders in out-of-court workout and restructuring of $150 million ABL facility and consumer product company.
- Represented a major Japanese bank in connection with certain equipment leasing facilities relating to nuclear power plants, which were assumed by the reorganized debtor in connection with its plan of reorganization.
- Represented a leading bank as agent for a large syndicate of banks, in connection with the pre-petition negotiations and the bankruptcy of a Canadian petroleum company and its U.S. subsidiaries; the client was agent on an unsecured $1 billion revolving credit facility to the operating company and the lenders ultimately received payment in full of their claims, including post-petition interest at the default rate.
- Represented a Taiwanese bank with respect to bilateral loans in an aggregate amount in excess of $500 million in connection with a foreign shipping company's Chapter 11 bankruptcy. The cases addressed significant issues in relation to venue and jurisdiction, conflict of laws, international sanctions, and the reach of the automatic stay.
- Represented a major bank as agent for a large syndicate of banks, in connection with the pre-petition negotiations and bankruptcy of an Oklahoma-based petroleum company and its subsidiaries; the pre-petition $250 million reserve base loan facility was replaced with a down-sized facility on exit.
- Represented a major bank in connection with the restructuring of their loans to the owner of a professional sports franchise, which was in distress due to its connection with the perpetrator of a Ponzi scheme, and was in default under its various loan facilities with the bank. Negotiated and documented a successful restructuring that led to the repayment in full of all facilities.
- Represented a major bank in connection with the restructuring of its loans to a New York-based real estate development company, during the real estate crisis; negotiated and documented a successful restructuring that led to the refinancing and repayment in full of all facilities.
- Acted as debtor counsel to an offshore exploration and production company in its Chapter 11 case in Texas. Among other things, represented the debtor in connection with a complex Section 363 sale process pursuant to which the DIP lenders acquired substantially all of the assets pursuant to a credit bid.
- Acted as debtor counsel to a sports equipment manufacturer in connection with its pre-packaged bankruptcy in Delaware.
Rick's Insights
Publication | 06.12.24
Press Coverage | 03.21.24
The Current Opportunities And Challenges In Asset-Based Lending
Press Coverage | 03.20.24
Insights
The Secret Sauce For Successful Bankruptcies Requires The Right Ingredients
|07.20.23
Journal of Corporate Renewal
Celsius Networks’ Pre-Bankruptcy Warnings Highlighted Crypto Bankruptcy Risks
|09.01.22
The Journal of Bankruptcy Law
Cryptocurrency Platforms Three Arrows Capital And Voyager Digital Resort To Bankruptcy For Relief
|09.01.22
The Journal of Bankruptcy Law
Shifting Winds: 2019 Year in Review,
|12.01.19
ABF Journal
Asset-Based Lenders Didn’t Start The Fire, But They’ll Need to Protect Against It
|12.21.22
The ABF Journal
Bittrex: Regulatory Enforcement and Macroeconomic Headwinds Lead to Another Crypto Bankruptcy
|05.23.23
Crowell & Moring’s Crypto Digest
Continued Pain In The Retail Sector: Coming Enforcement Of Forced Labor Laws
|02.27.23
Crowell & Moring’s Restructuring Matters
A Line in the Sand: Caymans Proceeding Ineligible for Chapter 15
|12.09.22
Crowell & Moring’s Restructuring Matters
FTX Contagion – BlockFi Follows FTX and Others Into Bankruptcy
|11.29.22
Crowell & Moring’s Crypto Digest
Crypto Commingling: Celsius Examiner files Initial Report
|11.22.22
Crowell & Moring’s Crypto Digest
Celsius Contagion?: Another Crypto Miner Expected to File Bankruptcy
|10.28.22
Crowell & Moring’s Crypto Digest
Successor Liability and Section 363: A Broad Interpretation of an “Interest in Property”
|09.30.22
Crowell & Moring’s Restructuring Matters
Rick's Insights
Publication | 06.12.24
Press Coverage | 03.21.24
The Current Opportunities And Challenges In Asset-Based Lending
Press Coverage | 03.20.24