Victor G. Milione is a partner and serves as the Practice Group Leader for the Financial Restructuring & Bankruptcy group and as a member of the firm’s litigation, real estate and business departments. Mr. Milione has over 27 years of extensive experience representing various parties in insolvency work throughout the country and internationally.
What do you focus on?
Today I focus my practice on counseling the nation’s leading real estate financing and investment firms with multifamily housing and commercial holdings throughout the world in defaulted tax credit, REIT, REMIC and CDO investment situations, in all aspects including equity and debt positions for market rate multifamily housing developments and for affordable multifamily housing developments. Additionally, I continue to work with funds to structure bridge financings and create innovative solutions to the difficulties of troubled portfolio companies. I continue to counsel lenders and investors in the energy field (including co-generation facilities) on various issues including the enforceability, structure and opinions regarding the issuance by various energy companies and other companies of forward contracts, repurchase agreements and swaps as well as on issues involving FERC and the jurisdiction of the bankruptcy court. I also continue to represent lead lenders, administrative agents and members of syndicated loan participants, drafting and negotiating forbearance agreements, loan modification agreements and lending facilities (debtor-in-possession and otherwise) and led deals involving in excess of a billion dollars over the last three years. I continue to work as insolvency counsel crafting and issuing true sale and non-consolidation opinions in complex and varied deals including Tenant In Common tax deferred exchanges offerings. I also use my years of experience and litigation background to counsel in asset-based lending as well as real estate lending, workouts and foreclosures. I provide specialty lending advice in the precious metal consignments having worked as counsel to consignors, consignees and lenders in connection with the structuring, negotiation, workout and enforcement of consignment loans. In this area I have had significant representations in the bankruptcy cases throughout the country as well. Finally, most recently, I have been engaged in extensive experience in representing creditors and debtors in the health care industry having served in all capacities including as debtor’s counsel in a publicly traded health care provider with facilities throughout the country. Recently I have just completed the representation of an acquirer of hospital assets out of an insolvency proceeding. My work as lead counsel to numerous creditor committees including Counsel to the Unsecured Creditor’s Committees in national cases such as Stairmaster, Inc. (WA) and Great Northern Paper (ME) and as counsel to committee chairs and committee members in Genuity (NY) and Metiom (NY) helps to inform my advice in all of the foregoing areas.
What do you see on the horizon?
Soon we will see a tapering of Quantitative Easing and an increase in government regulation (e.g., Patient Protection and Affordable Care Act /Obamacare, Dodd Frank regulations). These will likely give rise to an increase in bond and loan defaults, which in turn should provide an opportunity for acquirers of distressed assets/companies in all categories.