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Victor G. Milione is a partner with Nixon Peabody LLP and serves as a member of the firm’s Litigation, Real Estate and Business Departments. Additionally, he is a member of the firm’s Distressed Health Care, Distressed Energy, Distressed Retail, Distressed M&A, Blockchain Technology and Cannabis teams.
Mr. Milione has over thirty years of experience representing purchasers of assets from distressed companies, financial institutions, debtors, trustees, creditors’ committees, hedge funds, loan servicers, collateral agents, indenture trustees and other interested parties in out-of-court workouts, insolvency and bankruptcy proceedings throughout the country and internationally, including 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 to create innovative solutions to the difficulties of troubled portfolio companies.
My practice focuses on representing acquirers of assets from distressed companies in various industries. I have represented various private equity and hedge funds in the acquisition of distressed assets from companies such as the acquisition of Fleetwood Motor Home out of the Fleetwood bankruptcy (CA), the sale and disposition of the New Care Health Corp. (MA) (a publicly traded health care provider with facilities throughout the country), the restructuring and reorganization of the Regina restaurant chain (DE) and representation of acquirers and sellers of assets in various other industries such as paper, energy, food and beverage, health care and retail. 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). I currently represent various parties in the Tribune (DE) and the F-Squared (DE) bankruptcy cases.
Administrative agents and members of syndicated loan participants turn to me for drafting and negotiating forbearance agreements, loan modification agreements and lending facilities (debtor-in-possession and otherwise). To date I have led deals involving in excess of $2 billion dollars. I continue to work as insolvency counsel crafting and issuing true sale and non-consolidation opinions in complex and varied deals totaling in excess of $1 billion dollars, including Tenant-In-Common (TIC) tax deferred exchanges offerings.
My practice also includes counseling clients regarding asset-based lending as well as real estate lending, workouts and foreclosures. In this capacity I work with other firm attorneys to provide specialty lending advice in precious metal consignments having worked as counsel to consignors, consignees and lenders in connection with the structuring, negotiation, workout and enforcement of consignment loans. I led significant representations in the bankruptcy cases of Sports Authority (DE), Total Hockey (MO), City Sports (DE), Summit Corporation of America (CT), Handy & Harmon (CT) and Amax Plating Inc. (IL).
We will see an increase in health care and energy restructurings in the next several months given the focused governmental effort to curtail the Affordable Care Act and various alternative energy initiatives.
Additionally, retail and shopping mall restructurings will also increase due to increasing bond and loan defaults due to monetary policy and paradigm shifts resulting from online retailing. Finally, for the foreseeable future, we will continue to see the continued acquisition of distressed assets through bankruptcy sales given the utility of bankruptcy sale orders in insulating against legacy liabilities.
U.S. District Court, District of Massachusetts
U.S. Supreme Court
U.S. Court of Appeals, First Circuit
U.S. Court of Appeals, Second Circuit
U.S. District Court, Eastern District of New York
U.S. District Court, Northern District of New York
U.S. District Court, Southern District of New York
U.S. District Court, Western District of New York
Suffolk University Law School, J.D.
University of Connecticut, B.S.
Victor is also actively engaged in charitable and community organizations. He has served as a prior past president and current board member of the Newton Schools Foundation. He is also a trustee for Hebrew Senior Life, Boston, MA, and volunteers his time on behalf of the United Way, the YMCA, and the Dana Farber Cancer Institute.
He is a member of the American, Massachusetts, and Boston bar associations, the American Trial Lawyers Association, the American Bankruptcy Institute, and the Risk Management Association.
Victor was selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2023 in the field of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law. Victor has been listed in Best Lawyers since 2016.
Victor has been consistently ranked as one of the top 25 bankruptcy lawyers in the country by The Deal. He has also been recognized as a “Super Lawyer” in Bankruptcy & Creditor/Debtor Rights based on a peer-review survey by Boston magazine.
Victor has been recognized for exceptional standing in the legal community in Chambers USA: America’s Leading Lawyers for Business 2022 for Bankruptcy/Restructuring (Massachusetts). He has also been recognized in Chambers in previous years.
Victor has also received an AV Preeminent® Peer Review Rating™ from Martindale Hubbell®, the highest possible rating for ethics and legal ability.
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