Elliot M. Smith

Elliot M. Smith

Partner

Cleveland

T 216.363.6165

email vcard pdf

Overview

Elliot has a broad and versatile corporate, litigation, and finance practice built on extensive experience representing and counseling clients in the corporate insolvency, distressed lending and investing, restructuring, and bankruptcy contexts, including in complex chapter 11 cases throughout the country.

His clients include debtors, creditors’ committees, secured lenders, indenture trustees, unsecured creditors, asset purchasers, executive management teams, landlords, and preference defendants, among other parties in interest. His experience extends to a variety of industries, including steel, mining, automotive, senior living, restaurant, retail, e- commerce, manufacturing, and oil and gas.

Elliot also has extensive experience representing and counseling his creditor clients in connection with exercising rights and remedies under the Uniform Commercial Code, formulating strategies for responding to customer and supplier distress, and in connection with minimizing insolvency related risk. In the distressed M&A context, his experience includes representing and counseling bidders and purchasers in section 363 bankruptcy sales, as well as in out-of-court transactions involving aspects of insolvency risk and related strategic considerations. Elliot’s fifteen years of experience and his ability to bring to bear a broad mix of legal skills has uniquely positioned him to be able to provide quick and thoughtful analysis, strategic advice, and good counsel to his clients in very stressful circumstances.

What I Do

Bankruptcy Litigation
Cannabis
Commercial Finance & Banking
Corporate
Debt Restructurings
DIP Financing
Litigation
Real Estate
Restructuring & Bankruptcy
Workouts & Restructurings

Featured endorsements

Experience

Represented guarantor and its subsidiary borrowers in connection with a $530,000,000 syndicated mortgage loan secured by a portfolio of 35 shopping center assets located across the nation.

Key Contacts: Kevin J. Kiley Jr.Michael K. SwearengenJennifer R. HooverLeAnn DavisKelly M. NollJared E. OakesJennifer L. KatzakisChris F. MoratschekD. Zev RosenbergEvan M. McLaughlinElliot M. Smith

Counsel to the largest non-insider unsecured creditor and member of the Official Committee of Unsecured Creditors in the chapter 11 case of In re Lapeer Industries, Inc. (E.D. Mich.).

Key Contacts: Elliot M. Smith

Counsel to the debtors and debtors in possession in the Chapter 11 cases of In re OGGUSA, Inc. et al. (E.D. Kentucky) (f/k/a GenCanna Global USA, Inc.).  The Debtors were primarily engaged in the development of hemp genetics and the production and distribution of wholesale and white-label hemp-derived cannabinoid products, including CBD, to customers throughout the United States and internationally.  The Debtors successfully conducted an expedited dual-track process to identify available alternatives for maximizing value under challenging circumstances and closed a section 363 sale of substantially all assets for consideration in excess of $75 million.

Key Contacts: Elliot M. Smith

Advising an indenture trustee/lender in connection with negotiating and favorably settling a dispute with a not-for-profit issuer and borrower with respect to all outstanding debt obligations.*

Key Contacts: Elliot M. Smith

Advising an indenture trustee for multiple bond issuances in connection with a financially distressed senior living facility that resulted in  a full refinance of existing bond debt.*

Key Contacts: Elliot M. Smith

Representing a commercial landlord in the Chapter 11 cases of New Creative Enterprises (S.D. Ohio).*

Key Contacts: Elliot M. Smith

Representing the owner/lender of a cabinetry manufacturing portfolio company in the Chapter 11 cases of Luxe Cabinetry, LLC (C.D. California).*

Key Contacts: Elliot M. Smith

Representing the senior secured lender in the Chapter 11 cases of PowerPlus Electric, LLC (E.D. Kentucky).*

Key Contacts: Elliot M. Smith

Counsel to the debtors and debtors in possession, and subsequent plan confirmation, the Liquidating Trustee, in the Chapter 11 cases of EaglePicher Holdings, Inc. (S.D. Ohio).*

Key Contacts: Elliot M. Smith

Counsel to the debtors and debtors in possession in the Chapter 11 cases of The LoveSac Corporation (Dist. Delaware).*

Key Contacts: Elliot M. Smith

Counsel to the debtors and debtors in possession in the Chapter 11 cases of All American Semiconductor (S.D. Florida.).*

Key Contacts: Elliot M. Smith

Counsel to owners and senior management team in connection with the Chapter 11 cases of ATLS Acquisition, LLC (Liberty Medical) (Dist. Delaware).*

Key Contacts: Elliot M. Smith

Counsel to the debtors and debtors in possession in the Chapter 11 cases of Flat Out Crazy, LLC (Flat Top Grill and Stir Crazy Restaurant Chains) (S.D.N.Y.).*

Key Contacts: Elliot M. Smith

Counsel to the debtors and debtors in possession in the Chapter 11 cases of Atna Resources, Inc. (Dist. Colorado).*

Key Contacts: Elliot M. Smith

Counsel to the debtors and debtors in possession in the Chapter 11 cases of In re Midway Gold US Inc. (Dist. Colorado).*

Key Contacts: Elliot M. Smith

Counsel to the Official Committee of Unsecured Creditors in the Chapter 11 cases of In re Optima Specialty Steel, Inc. (Dist. Delaware).*

Key Contacts: Elliot M. Smith

Representing a leading end-to-end e-commerce service provider in asserting statutory warehouse lien rights and claims, and providing post-petition services, in connection with numerous Chapter 11 retail bankruptcies.*

Key Contacts: Elliot M. Smith

Representing a leading steel and mining company in connection with asserting creditor rights, devising strategies for responding to suppliers and customers in financial distress, and defending preference actions in multiple jurisdictions.*

Key Contacts: Elliot M. Smith

No results found

Credentials

Education

University of Maryland Francis King Carey School of Law, 2004, J.D.
Ner Israel Rabbinical College, 2001, BTL

Clerkships and Bar Admissions

Ohio
New York
U.S. District Court for the Northern District of Ohio
U.S. District Court for the Southern District of Ohio
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York
U.S. District Court for the District of Colorado

More

  • Listed, The Best Lawyers in America®, Bankruptcy, Creditor Debtor Rights/Insolvency and Reorganization Law, 2016-2026
  • Listed, Ohio Super Lawyers – Rising Stars, 2012-2013, 2015-2019
  • Recognized as an “Associate to Watch”, Chambers USA 2019, Bankruptcy/Restructuring in Ohio, Band 2
  • Next Generation Program of the National Conference of Bankruptcy Judges, Class of 2012