Frank W. DiCastri

Successfully defended an appeal, including briefing and oral argument, in Archer-Daniels-Midland Company v. Country Visions Cooperative, Case No. 21-1400 (7^th Cir. 2022). Represented holder of right of first refusal in appeal arising from section 363 sale in bankruptcy court. The U.S. Court of Appeals for the Seventh Circuit affirmed the lower court decisions.

Defeated corporate borrower’s effort to restructure fraudulently obtained loan by obtaining dismissal of bankruptcy case as a “bad faith” filing, a ruling that, in part, led to the indictment and guilty plea of the borrower’s principal for loan fraud.

Successfully restructured a corporate loan through a complex bankruptcy while separately obtaining summary judgment on contract and tort claims in a state court admiralty case to recover proceeds of collateral.

Represented a large and sophisticated health care REIT in state and bankruptcy litigation involving multiple assisted living, skilled nursing and memory care facilities, including the prosecution of a competing plan of reorganization that led to a favorable settlement.

Successfully prosecuted contract claims to a jury trial verdict in favor of a medical research and development company to recover the full amount of purchase price following a sale of bone void substitute technology to a well-known medical devices company.

Successfully guided a secured lender through complex collection resulting in full payment by, among other things:

• Initiating involuntary Chapter 128 receivership petition against borrower, and leading highly contentious negotiation to convert involuntary petition into voluntary Chapter 128 case

• Assisting with stabilization of operations at borrower’s skilled nursing facility (SNF)

• Assisting with the resolution of labor union negotiations that threatened receiver’s efforts to sell the SNF

• Completing sale of the SNF under challenging circumstances after first buyer terminated purchase agreement

• Achieving temporary restraining order and favorable settlements for lender and receiver in contested litigation regarding sales of the SNF and separate low-income housing tax credit project