Michael J. O'Grady

Cincinnati
T 513.651.6482
F 513.651.6981
301 East Fourth Street
Great American Tower, Suite 3300
Cincinnati, Ohio 45202

Michael is a member of the Firm and his practice is focused in two primary areas: commercial and real estate finance and bankruptcy/workouts. Michael has years of experience representing clients in all types of commercial, real estate, bankruptcy and insolvency matters. He has been recognized by Law & Politics as an “Ohio Rising Star®” for his outstanding reputation and distinguished work in bankruptcy matters. He was also recently recognized as one of The Best Lawyers in America® for his bankruptcy and restructuring work. His bankruptcy practice includes the representation of debtors, secured and unsecured creditors, creditors’ committees, trustees, and other parties in interest in insolvency matters such as asset purchasers and landlords. He is also active in representing special servicers in connection with defaulted real estate loans and REO properties and has considerable expertise in single asset real estate chapter 11 cases. Michael often presents on insolvency and bankruptcy topics and he is regarded by his peers as an expert in the development and analysis of complex plans of reorganization, DIP financing, and preference/fraudulent conveyance claims.

Michael's transaction practice is based primarily in the commercial and real estate finance area. He handles a wide variety finance transactions for both borrowers and lenders, including, for example, syndications, asset-based and cash flow financings, as well as real estate construction and acquisition loans. In connection with finance transactions, Michael has negotiated and documented numerous multi-party subordination/intercreditor arrangements, construction, acquisition, and permanent loan facilities, construction lines of credit, letter of credit facilities to support bond financings, ground lease financings, rate swap transactions, and loan assumptions, among others.

Of particular note is Michael’s experience with both syndicated finance and asset-based lending. Michael represents national, asset-based lenders in transactions across the country. Similarly, his syndicated finance work involves the representation of both borrowers and lenders in multi-lender credit facilities.

Some representative engagements of Michael include:

- Lead counsel to international bank as administrative agent in connection with workout of obligated group mortgage financing secured by multiple assisted living and skilled nursing facilities in Ohio

- Lead counsel to agent bank for syndicated asset-based credit facility extended to publicly-traded importer and manufacturer of branded footwear and apparel

- Regional counsel to national special servicer in connection with the workout, sale and/or enforcement of distressed real estate financings

- Lead counsel to national bank in connection with the structuring, negotiation and documentation of construction financing for a series of limited service hotel properties across the U.S.

-Lead bankruptcy counsel to mortgagee, MTGLQ Investors, LP, in obtaining denial of confirmation of a single-asset real estate chapter 11 cramdown plan involving the financing of a 276-unit apartment community: In re Marble Cliff Crossing Apartments, LLC, 486 B.R. 887 (Bankr. S.D. Ohio 2013) (plan confirmation denied)

-Lead counsel to agent bank on structuring, negotiation and documentation of an asset-based revolving credit facility for a manufacturer of ready-to-eat meals, primarily for the U.S. government

- Counsel to Chapter 11 Trustee in the case of In re Petro Acquisitions, Inc., in the liquidation of Ameristop, a regional owner and franchisor of convenient stores and gas stations, including over 50 corporate-owned and 60 leased/franchised locations

-Bankruptcy counsel to owner in successful confirmation of single-asset real estate chapter 11 plan involving the financing of Kenwood Shoppes, a 125,000 square foot retail center

Highlights & Recognitions

  • Peer Review Rated, Martindale-Hubbell®
  • The Best Lawyers in America©, 2008-2018
  • Recognized by Ohio Super Lawyers Rising Stars®
  • Chambers USA, Banking & Finance, 2015-2017

Memberships & Affiliations

  • American Bar Association
  • Cincinnati Bar Association
  • Ohio State Bar Association
  • American Bankruptcy Institute, Member
  • Tri-State Association for Corporate Renewal, Member
  • Association for Corporate Growth, Member

Non-FBT Publications and Events

Advanced Bankruptcy Issues, Ohio Collection Law Seminar, December 1999, 2000, 2002

Defending Avoidance Actions, Midwest Regional Bankruptcy Seminar, August 2004

Chapter 11 Litigation and Professionalism, Cincinnati Bar Association Seminar, December 2003

Bankruptcy Litigation and BAPCPA, December 2006

Single Asset Real Estate: A Case Study, August 2010

Other Contact Info

Assistant

Sandra Jackson
Email
T 513.651.6797
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