Clark T. Whitmore
Partner
Chair of Financial Services Group

Clark Whitmore's practice focuses on the representation of corporate trustees in capacities related to TIA-qualified senior and subordinated corporate debt issuances, collateralized debt obligations, revenue bonds and certificates of participation on tax exempt public finance projects, and various asset-backed structured financings. His practice includes counseling corporate trustees with respect to the administration of their duties at every stage, including post-Event of Default "prudent person" duties in Chapter 11 and Chapter 9 insolvency proceedings. Together with Maslon's litigation team, he counsels corporate trustees regarding claims and litigation brought by or against them in their trustee capacities. His practice includes steps to modify, terminate, and seek judicial instructions relating to the administration of corporate trusts.

Selected Experience

  • Trustee counsel for $8.3 billion of bonds issued by Puerto Rico Electric Power Authority.
  • Indenture trustee counsel in Chapter 11 for $170 million of senior notes Doral Financial Corporation.
  • Indenture trustee counsel for $400 million of senior unsecured creditors in the Chapter 11 proceedings of Kaiser Aluminum and Chemical Corporation and affiliates.
  • Co-counsel to regional bank defrauded in $22 million check-kiting scheme.
  • Lender counsel in numerous Minnesota commercial real estate defaults, including office buildings, hotels and motels.
  • Indenture trustee counsel for defaulted municipal bonds in various states secured by parking ramps, production facilities, affordable housing projects, prisons, aquariums, youth detention facilities, and other projects.
  • Equipment finance company counsel in numerous commercial bankruptcies involving executory contracts, software licensing finance, and aircraft leases.
  • Representation of lenders as preference and fraudulent conveyance defendants in bankruptcy litigation.
  • Debtor's counsel in $45 million debt restructuring following default and workout negotiations with syndicated loan.
  • Chapter 11 indenture trustee counsel for other TIA note issuances including:
    • American Business Financial Services, Inc.
    • Atlas Air, Inc.
    • Bally Total Fitness Corporation
    • Cooper Automotive
    • Delta Air Lines, Inc.
    • Dodger Tickets LLC
    • Doral Financial Corporation
    • Eagle Food Centers, Inc.
    • Evergreen Solar, Inc.
    • Fedders North American, Inc.
    • Gentek, Inc.
    • Interstate Bakeries Corporation
    • IWO Holdings, Inc.
    • J.L. French Automotive Castings, Inc.
    • Metromedia Fiber Network, Inc.
    • Minnesota Union Builders Project
    • Momentive Performance Materials, Inc.
    • NEON Optica, Inc.
    • Newcor, Inc.
    • Old UGC, Inc.
    • Partners Mortgage Corporation
    • Premier Entertainment Biloxi LLC
    • Primus Telecommunications
    • Reptron Electronics, Inc.
    • Savient 
    • Spectrum Brands
    • TransTexas Gas Corporation
    • Trenwick Group, Ltd.
    • Tri-Union Development Corporation
    • United GlobalCom

Professional Activities

Minnesota State Bar Association: Bankruptcy Section
Hennepin County Bar Association
Meritas: Creditors' Rights and Bankruptcy Section

Recognition

Recognized on Minnesota Super Lawyers® list, 1999-2000, 2003-2008, 2011-2016 (Minnesota Super Lawyers® is a designation given to only 5 percent of Minnesota attorneys each year, based on a selection process that includes the recommendation of peers in the legal profession.)

AV Preeminent, Martindale-Hubbell® (AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties, Inc., used in accordance with the Martindale-Hubbell® certification procedures, standards and policies.)

p 612.672.8335   f 612.642.8335
3300 Wells Fargo Center, 90 South Seventh Street
Minneapolis, MN 55402
Bar Admissions
Minnesota, 1987
Oregon, 1984 (inactive)
U.S. District Court
  • Minnesota, 1987
  • Oregon, 1984 (inactive)
Education
University of Minnesota Law School
J.D., magna cum laude, 1984
St. Olaf College
B.A., magna cum laude, 1980
Notable

CLARK IS RECOGNIZED ON THE 2016 MINNESOTA SUPER LAWYERS® LIST.



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