Matthew W. Olsen

Partner
matthew.olsen@kattenlaw.com
New York Office
p+1.212.940.6472
f+1.212.894.5503
vCard
Overview

Matthew W. Olsen represents bank lenders and agents, investment funds, commercial landlords, manufacturers and other creditor clients in all aspects of bankruptcy and insolvency law, including transactional matters and litigation.

Matt also devotes a substantial portion of his practice to supporting hedge funds in distressed debt matters by providing them with advice, risk analysis and litigation support in the distressed debt trading field.

Matt has significant experience in connection with Chapter 11 reorganizations, liquidations, out-of-court workouts, debtor-in-possession (DIP) financing agreements and purchases of assets from financially troubled companies. His clients are banks and other creditors, equity interest holders and other interested parties with respect to distressed companies in a wide variety of industries, including real estate, manufacturing, media and entertainment, education and health care.

Matt also represents commercial lenders and trade creditors in state and federal litigation, including actions to enforce creditors’ rights and the defense of lender liability and bankruptcy avoidance claims. He frequently provides analysis and transactional and litigation support for hedge funds trading in the distressed debt field by assisting them in identifying and reducing risk, drafting and negotiating transfer agreements, and enforcing purchased claims against debtor companies.

Prior to joining the firm, Matt served as law clerk to the Honorable Stuart M. Bernstein, Chief US Bankruptcy Judge for the Southern District of New York.

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Experience
  • Representation of administrative and collateral agent for European lenders to offshore film copyright holding company in connection with US Chapter 11 proceedings and Section 363 sale of film library.
  • Representation of MB Financial Bank; served as their primary bankruptcy lawyer in connection with their portfolio of New York-based real estate loans and related single-asset realty bankruptcy cases.
  • Provision of advice to hedge funds and other investment firms in defense of ongoing and threatened fraudulent transfer actions in Bernard L. Madoff and Thomas J. Petters bankruptcy proceedings.
  • Provision of advice to hedge funds and financial institutions concerning debt trading and claim enforcement in bankruptcy cases of American Airlines, Lehman Brothers, MF Global, Nortel Networks, Tribune, TOUSA Homes, Visteon, Circuit City, General Motors, and Smurfit-Stone, among others.
  • Representation of asset-based lender in connection with Chapter 11 bankruptcy proceedings of several borrowers in manufacturing and distribution industry.
  • Representation of administrative agent and lender under a $43.5 million facility to Penn Foster, a leading provider of continuing edu­cation to adults and non-traditional students, in a pre-packaged Chapter 11 case, including a bridge debtor-in-possession (DIP) loan and exit financing.
  • Representation of landlord to AMF Bowling with respect to over 200 of its US bowling centers in restructuring of master leases and prearranged Chapter 11 cases.
  • Lead litigation counsel for trademark holding company in connection with successful defense and enforcement of its trademark rights in bankruptcy litigation and appeal.
  • Representation of administrative agent and letter of credit issuer under $220 million secured letter of credit issued to continuing care retirement community (CCRC) operator in connection with out-of-court restructuring of its loan agreements.
  • Representation of the primary secured lender in a $240 million real estate development project in New York in connection with involuntary bankruptcy proceedings, related litigation and Chapter 11 restructuring.
  • Representation of substantial secured lender in connection with the Chapter 11 proceedings and out-of-court restructurings of several Las Vegas casinos, including the Fontainebleau Las Vegas resort and casino, Station Casinos, Inc. and M Resort.
  • Representation of administrative agent under a $300 million syndicated credit facility in connection with the Chapter 11 proceedings of the Le-Nature’s, Inc. bottling company, and related lender liability litigation.
  • Representation of administrative agent under a $280 million syndicated credit facility in connection with the coordinated Chapter 7 and Canadian liquidation proceedings of Progressive Molded Products, formerly a chief supplier of molded dashboards for the Big 3 automakers.
  • Defense of administrative agent under a $1 billion syndicated credit facility in connection with lender liability litigation arising out of the Genesis Health Ventures, Inc., bankruptcy proceedings.
  • Representation of numerous suppliers and creditors of Delphi, Inc., a leading auto parts supplier to General Motors, in connection with Delphi’s Chapter 11 proceedings, claims litigation and bankruptcy avoidance actions.

Recognition

Turnaround Atlas, Pre-Packaged Restructuring of the Year | Middle Markets, 2014

Education

  • JD, Brooklyn Law School, summa cum laude
  • BA, Binghamton University, State University of New York

Bar Admissions

  • New York

Court Admissions

  • US District Court, Eastern District of New York
  • US District Court, Southern District of New York
  • US Court of Appeals, Seventh Circuit

Recognition

Pre-Packaged Restructuring of the Year | Middle Markets, 2014
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Memberships

  • American Bankruptcy Institute
  • Brooklyn Law School, Zaretsky Bankruptcy & Commercial Law Center, Steering Committee
  • New York City Bar Association
  • New York State Bar Association
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