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.
Representative Experience
- 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.
- 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.).
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