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Cullen’s practice includes a wide range of issues related to distressed businesses and financial restructurings, including reorganizations and liquidations under chapter 11 of the Bankruptcy Code, debtor-in-possession financing, out-of-court workouts, receiverships, commercial foreclosures involving real and personal property, distressed asset sales in and outside bankruptcy, and enforcement of creditors’ claims. He regularly represents both borrowers and secured and unsecured creditors in all types of insolvency matters, including litigation in federal and state courts and related appeals.

Cullen has served as counsel to large chapter 11 debtors in various types of cases across the country, from consensual pre-packaged bankruptcy filings to contested confirmation hearings. His nationwide practice also includes representing banks, trade creditors, non-traditional lenders and funds, and public and private corporations in bankruptcy and other litigation related to debtor-creditor disputes, preference suits, fraudulent transfer cases, and stay relief. He regularly counsels corporate officers and directors regarding fiduciary duties in situations of financial distress and advises banks and other secured lenders on issues related to lender liability and best practices. In addition, he assists clients with various issues in connection with complex lending transactions and related opinions.

Practices

Civic Involvement & Honors

    • Recognized in The Best Lawyers in America: Litigation – Bankruptcy (2017 - 2021); Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (2020 - 2021); selected as "Lawyer of the Year" in Litigation - Bankruptcy in St. Louis for 2021 edition
    • Pro Se Assistance Program, United States Bankruptcy Court for the Eastern District of Missouri
    • Local Rules Advisory Committee, United States Bankruptcy Court for the Eastern District of Missouri
    • BCLP Tutoring Program, St. Louis Public Schools
    • United Way of Greater St. Louis, Men’s Leadership Society, Cabinet Member, 2015 - 2017
    • Missouri/Kansas Super Lawyers, "Rising Stars," 2009, 2011 - 2016
    • United Way of Greater St. Louis, Young Leadership Society, Cabinet Member, 2013 - 2015
    • BCLP Tutoring Program, St. Louis Public Schools
    • United Way of Greater St. Louis, Men’s Leadership Society, Cabinet Member, 2015 - 2017
    • Missouri/Kansas Super Lawyers, "Rising Stars," 2009, 2011 - 2016
    • United Way of Greater St. Louis, Young Leadership Society, Cabinet Member, 2013 - 2015
    • Missouri/Kansas Super Lawyers, "Rising Stars," 2009, 2011 - 2016
    • United Way of Greater St. Louis, Young Leadership Society, Cabinet Member, 2013 - 2015
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Professional Affiliations

    •  American Bankruptcy Institute
    • American Bar Association
    • Bar Association of Metropolitan St. Louis
    • American Bar Association
    • Bar Association of Metropolitan St. Louis
    • Bar Association of Metropolitan St. Louis
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Representative Experience

  • Successfully represented Ohio distribution company debtor in chapter 11 sale of assets, confirmation of contested plan of liquidation, and related litigation
  • Represented debtors in all operational aspects of successful chapter 11 reorganization of outsourcing and collection services company in Eastern District of Missouri bankruptcy court involving over $470 million in secured debt
  • Defended creditor client in successful resolution of preference litigation involving claims exceeding $25 million
  • Obtained appointment of receiver over borrower’s hotel property for secured lender in Missouri, resulting in the successful sale of hotel
  • Completed chapter 11 sale of large rose and plant grower in Delaware bankruptcy court as debtors’ counsel
  • Regularly represents trade creditors in bankruptcy cases, including assertion of claims, resolution of contract issues, and defense of avoidance actions
  • Represented bank client in multi-million-dollar deed-in-lieu transfer of real property and related settlement of claims
  • Obtained relief from automatic stay in bankruptcy for creditor clients, including with respect to pursuit of litigation claims
  • Represented debtor in pre-packaged chapter 11 bankruptcy proceeding in Southern District of New York bankruptcy court involving approximately $62 million real estate sale
  • Assisted various lenders with Article 9 foreclosure sales of equipment and other personal property
  • Coordinated various commercial real property foreclosures
  • Assisted corporate clients in connection with asset purchases from bankruptcy estates

Publications

"Agreements to Forbear: Navigating Loan Enforcement and Liability in Times of Trouble," The Show-Me Banker, May 2016

Speaking Engagements

  • Panelist, “The State of Distressed M&A and How to Prepare for a Recession,” Opus Connect, Chicago, Illinois, January 23, 2020
  • Panelist, “Recent Developments in Bankruptcy,” Turnaround Management Association, St. Louis, Missouri, October 24, 2019
  • Panelist, "Legal Eagles," Missouri Independent Bankers Association Annual Conference, 2016-2019
  • “Bankruptcy:  By An Institute And By An Institute Member,” Resource Center for Religious Institutes National Conference, November 2011
  • “Preference Liability: A Credit Manager’s Worst Nightmare?” National Apparel and Footwear Credit Association, November 2004