Jeffery D. Hermann

Jeff Hermann,

a member of the Restructuring Group, concentrates his practice in corporate bankruptcy cases, enforcement of and foreclosure of security interests in real and personal property, loan workouts and restructures, and negotiation and documentation of secured lending transactions. He regularly represents secured and unsecured creditors, purchasers of assets from bankruptcy estates, bondholders, secured lenders and creditor committees, including debtor-in-possession financings and Chapter 11 exit financings.

Among his significant secured lending, bankruptcy and restructuring engagements are the following.

City of San Bernardino Chapter 9. Representation of County of San Bernardino in enforcing payment terms of contract between the City and County for waste disposal services.
November 2005 Land Investors. Representation of Agent in two Chapter 11 cases (commenced in 2009 and 2011) for owner and developer of thousands of acres of land in North Las Vegas.
Station Casinos. Representation of Steering Committee lender holding over US$100 of the US$800 revolver to the operating company of this multi-property Las Vegas hotel and casino owner. Plan of reorganization was confirmed after more than a year of negotiations.
Green Valley Ranch. Representation of Swap Provider with exposure of over US$50 in the Chapter 11 case of this Las Vegas hotel and casino property, closely related to Station Casinos.
Palms Casino. Representation of Agent and Swap Provider in the negotiation and documentation of the restructure of US$200+ in loan facilities to this Las Vegas hotel and casino property.
Official Committee of Equity Security Holders of USA Capital Diversified Trust Deed Fund LLC. Representation of the interests of approximately 1,300 investors whose cumulative investment was approximately US$200 million. This case was one of five companion Chapter 11 cases filed in Las Vegas. The total investment in the Chapter 11 debtors approximated US$1 billion. The joint plan of reorganization became effective in 2007, and Orrick now represents the revested Diversified Fund.
Anaheim Marriott Suites. Representation of a 40 lender syndicate holding a US$50 million loan secured by an Anaheim hotel property in the Chapter 11 case of the hotel owner. Successfully negotiated a plan of reorganization providing for payment in full of all pre-petition amounts owing to client.
San Remo Hotel/Hooter's. Representation of lender holding US$30 million secured loan against a Las Vegas casino hotel property. After successful restructure and workout, lender recovered full principal and interest.
Sun World International. Negotiation and documentation of a US$40 million debtor-in-possession financing to Chapter 11 agricultural borrower.
Peregrine Systems. Representation of secured lenders with a US$100 million pre-petition facility to a borrower in the software industry, including documentation of a US$100 million debtor-in-possession facility.
Bugle Boy. Representation of agent of ten lender syndicate in a US$165 million facility to an apparel wholesaler and retailer. Negotiated and documented pre-petition forbearance agreements, cash collateral stipulation, and debtor-in-possession loan facility. Negotiated for retention of retail liquidators and asset sale of wholesale operations and trademarks. Defended lender liability action and various creditor suits resulting from the borrower's bankruptcy filing.
Gulf States Steel. Representation of debtor-in-possession lender in connection with US$17 million DIP facility to steel mill in Alabama. Debtor ceased operations in 2000. Matter involved a myriad of challenging legal issues presented by the Alabama Bankruptcy Court's continuing administration of ongoing Chapter 7 case of administratively insolvent debtor, including contested section 363 sale of the primary assets of the estate. Full recovery obtained after a three year liquidation effort.

Good to know

Areas of Practice 1) Financial Problems of Municipalities, 2) Distressed Assets & Alternative Investments, 3) Public Finance Credit Enhancement/Direct Purchase, 4) Restructuring, 5) Distressed Real Estate Transactions, 6) Bankruptcy Litigation and 7) Committees & Other Court-Appointed Fiduciaries
Law School J.D., William S. Richardson School of Law, 1977
Education B.S.M.E., University of Hawaii at Manoa, College of Engineering, 1974
Bar Member / Association State bar of California
Most recent firm Orrick, Herrington & Sutcliffe LLP
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