Victor G. Milione is a partner with Nixon Peabody LLP and serves as the practice group leader for the Financial Restructuring & Bankruptcy Group. He is also a member of the firm’s litigation, real estate, and business departments. Victor has more than twenty-two years of experience representing financial institutions, debtors, trustees, creditors’ committees, hedge funds, loan servicers, collateral agents, indenture trustees, and other interested parties in out-of-court workouts and bankruptcy proceedings domestically and internationally. He counsels clients primarily in the areas of bankruptcy reorganizations, asset sales, loan restructurings, modifications and forbearance agreements, receiverships, assignments for the benefit of creditors, and commercial loan transactions. He also works with private equity, hedge, and venture funds to structure bridge financings and create innovative solutions to the difficulties of troubled portfolio companies.
Victor's litigation practice concentrates on matters related to bankruptcy and commercial law, where he has tried a number of cases to successful jury verdicts. He has significant experience in representing lenders, executives, developers, investors, syndicators, landlords, and tenants in bankruptcy and commercial litigation, complex Chapter 11 cases, and non-bankruptcy restructurings, workouts, and state court proceedings. His clients participate in a broad range of industries including financial services, real estate, health and elder care, telecommunications, hospitality, and energy. Victor has extensive litigation and alternative dispute resolution experience in U.S. bankruptcy courts, U.S. federal district courts, and state and local courts throughout the United States and internationally.
Victor's insolvency practice encompasses all aspects of the bankruptcy process, including contested and competing plan confirmation hearings, asset sales and objections, contested relief from stay and cash collateral hearings, executive compensation and retention issues, dip financings and adversary proceedings, including avoidance actions involving fraudulent transfer and preference litigation, and Chapter 15 ancillary proceedings. Victor has represented federal court receivers, bankruptcy trustees, and defrauded investors in securities fraud insolvencies and hedge fund failures. In addition, he represents private equity investors in connection with acquiring, selling, and reorganizing distressed portfolio companies and fraudulent transfer and breach of duty litigation arising from investments in distressed companies and in claims relating to recharacterization and equitable subordination. In his litigation practice, Victor has handled a broad array of commercial disputes, including cases involving real estate, contract, business divorces, covenants not to compete, shareholder oppression, and fraud claims.
Victor works with various Nixon Peabody attorneys to counsel investors, collateral agents, warehousing banks ,and securitization trustees in subprime mortgage company cases. He counsels lead lenders, administrative agents, and members of syndicated loan participants, has a broad array of experience in drafting and negotiating forbearance agreements, loan modification agreements, and lending facilities (debtor-in-possession and otherwise), and has served as the lead attorney in deals in excess of a billion dollars to date. He advises lenders, investors and servicers in CMBS (commercial mortgage-backed securities) transactions, CDOs (collateralized debt obligations), CLOs (collateralized loan obligations), CBO (collateralized bond obligations), credit default swaps, interest rate swaps, and synthetic collateralized debt obligations. He has acted as special bankruptcy counsel in various transactions, and in that role he has crafted and issued true sale and non-consolidation and authority to file opinions in complex and varied deals involving billions of dollars to date, including TIC (tenant in common) and other 1031 tax-deferred exchange offerings. He is experienced in asset based lending as well as real estate lending, workouts, and foreclosures.
Victor regularly counsels the nation’s leading real estate financing and investment firms with multifamily housing and commercial holdings throughout the world in defaulted tax credit, REIT (real estate investment trusts), and REMIC (real estate mortgage investment conduits) investments. He represents all aspects of such transactions including equity and debt positions for market rate multifamily housing developments and for affordable multifamily housing developments involving LIHTC (low income housing tax credits) partnerships and revenue bonds and/or contributions from sponsored investment funds. He regularly advises on bankruptcy issues involving HAP (housing assistance payment) contracts, RULPA (Revised Uniform Limited Partnership Act), ULPA (Uniform Limited Partnership Act), LURAs (land use restriction agreements), and partnership interests.
Victor has frequently written and lectured to lawyer and non-lawyer groups on litigation and bankruptcy matters and is a contributing author for Massachusetts Continuing Legal Education. Victor is frequently quoted as an authority on bankruptcy and litigation issues in print media nationwide. He has taught courses on business law and bankruptcy law for area colleges and he is a frequent guest lecturer on distressed real estate finance at Boston College. He regularly writes about and speaks on bankruptcy and commercial law subjects around the country.