Professionals

Clark T. Whitmore 
Partner

Phone: 612.672.8335
Fax: 612.642.8335
email: clark.whitmore@maslon.com

Clark has led the development of Maslon's Financial Services Team since moving to Maslon in 1990.  Clark regularly represents banks, indenture trustees, asset-based lenders and equipment finance companies in default situations to form and implement strategies to maximize recovery through debt restructurings, loan workouts, Chapter 11 bankruptcies and liquidations.  He offers legal counsel to indenture trustees during default administration both for high yield corporate note issues covered by the Trust Indenture Act of 1939 and municipal bonds.  He has extensive experience serving on unsecured creditor committees and noteholder committees in national and local Chapter 11 bankruptcies.  Clark also represents financial institutions in substantial matters involving depository and credit fraud, and in defense of lender liability.  Complex equipment finance and leasing is an additional area of his practice, including the sale and financing of chattel paper.

Areas of Practice
  • Financial Services
  • Commercial Loan Documentation
  • Leasing and Equipment Finance
  • Defaulted Loans and Workouts
  • Creditors' Rights in Bankruptcy
  • Indenture Trustee Representation
  • Payment Claims
Education
  • University of Minnesota Law School, Minneapolis, Minnesota, 1984, J.D.
    Honors: Magna Cum Laude
    Law Review: Associate Editor, Minnesota Law Review, 1983 - 1984
  • St Olaf College, Northfield, Minnesota, 1980, B.A.
    Honors: Magna Cum Laude
Clark Whitmore

Experience

  • Indenture Trustee counsel for $400,000,000 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 several states secured by parking ramps, production facilities, affordable housing projects, 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.
  • Indenture Trustee counsel for numerous corporate high yield note defaults since 2000, including:
    • Angeion Corporation
    • DDi Corp.
    • Eagle Food Centers, Inc.
    • Gentek, Inc.
    • Interstate Bakeries Corporation
    • Metromedia Fiber Network, Inc.
    • Mountain States Capital, Inc.
    • NEON Optica, Inc.
    • Newcor, Inc.
    • Old UGC, Inc.
    • Partners Mortgage Corporation
    • Reptron Electronics, Inc.
    • TransTexas Gas Corporation
    • Trenwick Group, Ltd.
    • Tri-Union Development Corporation
    • United Asia Pacific Corporation
    • United GlobalCom

Extended Bio

Maslon Edelman Borman & Brand, LLP 612.672.8200
3300 Wells Fargo Center
90 South Seventh Street
Minneapolis, Minnesota 55402-4140
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