Kevin J. Biron

Kevin’s transactional experience includes representing clients in connection with restructurings of structured finance and derivatives transactions, trust terminations, resecuritizations, and amendments to securitization and warehouse agreements. In the complex commercial litigation arena, he represents clients in a wide range of litigations, including cases involving securitization transactions, contract disputes, bankruptcy litigation, and claims arising under the False Claims Act. Kevin’s restructuring experience includes representing mortgage loan warehouse providers in connection with the recent FGMC bankruptcy and other distressed situations. Kevin recently presented to the Mortgage Bankers Association’s Warehouse Lender Executive Council on bankruptcy issues. In the wake of the 2007 financial crisis, Kevin represented a monoline insurer in numerous transactions that resulted in the commutation of billions of dollars of aggregate structured finance exposure.

• Representing mortgage loan warehouse provider in bankruptcy of mortgage loan originator
• Represented mortgage loan warehouse provider in negotiations with distressed mortgage loan originator
• Represented creditors’ committee in bankruptcy of manufactured home builder and financing affiliate
• Defending RMBS trustee in lawsuit arising from 2007 financial crisis
• Representing CMBS trustee in trust instruction proceedings concerning waterfall disputes, trust liquidations, proposed amendments, settlements, and the allocation of realized losses
• Obtained dismissal of lawsuit under the federal False Claims Act and analogous state laws alleging over $1 billion in damages
• Obtained $10.5 million judgment on behalf of a monoline insurer in action concerning the payment due following the early termination of a swap transaction
• Secured summary judgment victory on behalf of investors in action concerning whether collateral manager of a securitization transaction had the right to reinvest over $64 million in collateral proceeds
• Secured summary judgment victory on behalf of CDO noteholders in interpleader action concerning the proper distribution of funds held by indenture trustee
• Obtained dismissal of fraudulent transfer and unjust enrichment claims asserted by Chapter 7 bankruptcy trustee against real estate management company