Frederick D. (Rick) Hyman focuses his practice on the representation of domestic and foreign lenders in connection with in-court and out-of-court workouts and restructurings. He regularly counsels agents and lenders in both large and middle-market transactions in connection with the development of strategies to maximize their recoveries, including negotiating forbearance agreements and waivers, amendments and all other elements of an out-of-court restructuring and recapitalization.  Where bankruptcy is necessary, Rick represents lenders in all aspects of the case, including negotiating restructuring support agreements and debtor-in-possession financing facilities.  He has recent experience representing agents and lenders in some of the largest energy-related bankruptcies in the Southern District of New York and Eastern District of Texas.  He has represented a number of foreign agents and lenders in the contested chapter 11 bankruptcies of their foreign-based borrowers with few domestic assets. 

 Rick also has experience throughout his career representing debtors, and frequently represents stalking-horse and other bidders in connection with the acquisition of distressed assets.

 He is a 1992 graduate, with distinction, of Hofstra Law School, where he was a member of the Hofstra Law Review, and a cum laude graduate in 1989 of the University of Vermont.

Areas of Practice

  • Chapter 11 Reorganizations

  • Out-of-court Restructurings and Recapitalizations

Admissions

  • New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York

Education

  • Hofstra University School of Law, J.D., with distinction, 1992
    - Hofstra Law Review
  • University of Vermont, B.A., cum laude, 1989

Experience

  • Duane Morris LLP
    - Partner, 2019-present

  • Mayer Brown LLP
    - Partner, 2001-2019

  • Duval & Stachenfeld LLP
    - Associate, 2000-2001

  • Simpson Thacher & Bartlett LLP
    - Associate, 1996-2000

  • Milbank Tweed Hadley & McCloy LLP
    - Associate, 1992-1996

Professional Activities

  • American Bankruptcy Institute

Selected Publications

  • "Debtor in Possession Financing in Asia - Considerations for Financial Institutions," Mayer Brown Legal Update, August 29, 2018

  • "Buckle Up in Advance of the Storm--A Landlord's Guide to Mitigating Risks in Tenant Retail Bankruptcies," The Real Estate Finance Journal, Fall 2017

  • "Considerations When Lending to a Not-for-Profit Entity," The New York Law Journal, June 22, 2015

  • "Rough Waters Ahead: Non-Performing Shipping Loans—Solutions Are Available," The Banking Law Journal, July/August 2014

  • Enforceability of the "Bankruptcy Waiver": Where Are We Now? – Bloomberg Law Reports, 2011

  • "The Restructuring of Nonperforming Shipping Loans," Mayer Brown Legal Update, February 26, 2014

  • "In re KB Toys Inc.: Disallowance Cannot Be Washed Away," Mayer Brown Legal Update, 26 November 2013

  • "In re Fairfield Sentry Ltd.: Second Circuit Provides Guidance to 'COMI' Determina??ons in Chapter 15 Cases," Bloomberg BNA Bankruptcy Law Resource Center, August 22, 2013

  • "In re KB Toys, Inc.: 'Disabilities Attach To and Travel With the Claim'," Mayer Brown Legal Update, May 17, 2012

  • "Navigation Provides Further Test of a Foreign Debtor's Access to the Protection of the US Bankruptcy Courts," Mayer Brown Legal Update, December 2011

  • "Bankruptcy Court Holds Assignment of Voting Right Unenforceable," Mayer Brown Legal Update, November 29, 2011

  • "New York District Courts Differ Regarding the Scope of the Bankruptcy Code's "Safe Harbors' for Protected Contracts," Mayer Brown Legal Update, October 5, 2011

  • "Enforceability of the 'Bankruptcy Waiver': Where Are We Now?" Bloomberg, March 14, 2011

  • "Unsecured Creditors May Claim Post-Petition Attorneys' Fees," Mayer Brown Legal Update, November 24, 2009

  • "Lyondell Case Shows Bankruptcy Loans Are Available for a Price," Bloomberg, February 4, 2009

  • "Delaware Bankruptcy Court Permits DIP Lender to Submit Fee Letters Under Seal," Mayer Brown Legal Update, December 15, 2008

  • "Debtor-in-Possession Lending: Why Loans Should Be Made to a Bankrupt Company," Aspatore Special Report, The Viability of Debtor-in-Possession Loans in the Economic Crisis, December 10, 2008

  • "Credit Default Swaps: What You Need to Know Now," The Secured Lender, September/October 2007

Selected Speaking Engagements

  • "2017 Year in Review: Banking and Financial Services Litigation," February 6, 2018

  • New York Law Journal Corporate Restructuring/Bankruptcy Webinar, July 22, 2015

  • "Schiffsfinanzierungen & -beteiligungen - aktuelle Herausforderungen und Chancen," September 16, 2014

  • "Schiffsfinanzierungen in rauer See – Einfluss von US-Recht," July 22, 2014

  • "Rough Waters Ahead: What Rising Levels of Non-Performing Shipping Loans Might Mean for Banks, Institutional Investors and the Shipping Industry," April 3, 2014

  • "On the Rocks: Current Issues in Shipping Industry Restructurings," Teleconference, 28 March 2012