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Lowenstein Sandler LLP

Andrew David Behlmann

Andrew David Behlmann

Counsel

Lowenstein Sandler LLP
New Jersey, U.S.A.

tel: 973.597.2332
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Local Time: Fri. 17:04

Profile

Andrew leverages his background in corporate finance and management to approach restructuring problems, both in and out of court, from a practical, results-oriented perspective. With a focus on building consensus among multiple parties that have competing priorities, Andrew is equally at home both in and out of the courtroom, and he has a track record of turning financial distress into positive business outcomes. Clients value his counsel in complex Chapter 11 cases, where he represents debtors, creditors' committees, purchasers, and investors.

Andrew writes and speaks frequently about bankruptcy matters and financial issues. Before becoming a lawyer, he worked in senior financial management at a midsize, privately held company.

Bar Admissions

    New Jersey

Education

Seton Hall University School of Law (J.D. 2009), magna cum laude; Order of the Coif
University of Missouri-Saint Louis (B.S. 2005), Business Administration-Finance and Accounting; Beta Gamma Sigma
Areas of Practice
Professional Career

Significant Accomplishments

Dots LLC: Bankruptcy counsel to a national clothing retailer with 400+ locations. Negotiated, documented, and obtained Bankruptcy Court approval of $30+-million inventory liquidation sale and sale of real estate leases for 200+ locations.

Hoboken Municipal Hospital Authority: Special counsel to a quasi-governmental entity in the $90 million sale of Hoboken University Medical Center in conjunction with the Chapter 11 bankruptcy case of the hospital's contracted management company.

BGI Inc., f/k/a Borders Group Inc.: Represented liquidating trust of former Borders Books retail chain in complex appellate litigation in the United States District Court for the Southern District of New York and Second Circuit Court of Appeals.

Residential Capital LLC: Bankruptcy counsel to various union benefits funds, insurance carriers, and investment managers in the Chapter 11 liquidation of the nation's fifth largest mortgage originator.

Creditors' committees: Hayes Lemmerz, ION Media, PCAA Parent LLC (AviStar Airport Parking), Pliant Corporation, Holsted Marketing, JB Booksellers, Sun-Times Media Group.

Individual creditors: General Motors Corporation, Ambassador Media Group.

Recent Published Decisions Include:

In re BGI Inc. - 504 B.R. 754 (S.D.N.Y. 2012): Successfully defended motion for a stay of interim distributions under a Chapter 11 plan.

In re RoomStore Inc. - 473 B.R. 107 (Bankr. E.D. Va. 2012): Successfully defended attempted hostile takeover of Chapter 11 debtor's LLC subsidiary by minority equity holder.

Speaking Engagements

Following a flurry of retail chapter 11 bankruptcy filings in 2017 continuing into 2018, the retail sector remains in transition and distress. This program focuses on the reasons for ongoing distress in the retail sector, warning signs of an impending retail bankruptcy, and the importance of the credit department in managing financial exposure to retailers in distress and in bankruptcy. The speakers will discuss the disastrous 2017 Toys ‘R’ Us 4 of 7 bankruptcy, and the events leading to it, as a cautionary tale in dealing with troubled retailers both before and after they file for bankruptcy protection, including the risk of extending credit to retailers in chapter 11 and strategies for minimizing risk of non-payment of claims.

Speakers:

Location:
Sheraton Grand at Wild Horse Pass, 5594 W Wildhorse Pass Boulevard, Phoenix, AZ

With the spigot of virtually free money flowing into lenders’ coffers for the better part of a decade, corporate borrowers have been able not only to roll over their existing debt, but also to borrow a lot more. Commentators have sounded doomsday alarms of an impending “wall” of corporate debt maturities for most of the last decade. During that period, the debt-maturity time bomb has been kicked further down the road, but they simultaneously enabled the problem to roughly double in size. With hundreds of billions of dollars of corporate debt maturing in the next two years, the long-predicted day of balance sheet reckoning may finally be upon us. Join Bruce S. Nathan and Andrew David Behlmann as they present a webinar that focuses on how to prepare for and deal with the upcoming corporate debt crisis.

This program will delve into:

  • Modern corporate capital structures and their characteristics, including the increasingly debt-heavy balance sheets plaguing corporate America, that can intensify or accelerate companies’ distress and make restructuring more difficult
  • Other factors, such as tariffs, that are fueling concerns of an upcoming slowdown or recession
  • Warning signs to help identify customers most at risk from the burgeoning corporate debt crisis,
  • Tools you can start using now to help mitigate the risks of eventual defaults and restructurings.

Time: 3-4:30 p.m.



Professional Associations

    American Bankruptcy Institute

New Jersey Law Journal
  • Member, Young Lawyer Advisory Board

Professional Activities and Experience

Accolades
  • New Jersey Rising Stars (2016-2018) - Andrew Behlmann

Blogs

Capital Markets Litigation
Lowenstein Sandler LLP 

Litigation News for the Global Financial Community

Articles

In Cooling Guard Mechanical Corp. v. Frankl, No. BER-C-119-17 (N.J. Super. Ct. Ch. Div. Aug. 21, 2017), the New Jersey Superior Court decided an issue of first impression under New Jersey law: whether a creditor must have been a creditor at the time of an alleged transfer in order to subsequently avoid the transfer as an actual fraudulent conveyance. The court held in the affirmative. Because the plaintiffs were not creditors at the time of the alleged transfer, the court dismissed the complaint.


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Introduction
As the commercial world continues moving business processes and transactions to mobile devices and the web, the legal world continues working—and often struggling— to adapt traditional contract principles to an ever-evolving electronic paradigm. The recent ruling of the United States District Court for the Northern District of California, in Rushing v. Viacom, where the court grappled with the enforceability of an arbitration clause of a website user agreement, should serve as a warning for companies considering entering into online agreements with their customers. The Rushing v. Viacom decision illustrates that a party seeking to create an enforceable electronic contract with its customers must provide clear and explicit, notice of the contract’s terms and conditions, and a mechanism for confirming its customers’ acceptance of such terms and conditions, or face the risk that a court will not enforce the electronic contract.

SAFE Banking Act, if enacted, would provide a safe harbor for financial institutions that provide services to plant-touching businesses and non-plant touching suppliers of goods or services to the cannabis industry. The bill, if enacted, will prohibit Federal regulators from penalizing, discouraging or taking adverse action against these firms.


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