Jeremy C. Hollembeak | Baird Holm LLP | Omaha, NE Financial Attorney

Jeremy C. Hollembeak is an experienced financial restructuring and workout advisor who concentrates his practice on distressed investment opportunities and related litigation. Among other engagements, Jeremy regularly negotiates debt purchase, refinancing and rescue financing transactions. He also advises on disputes arising in distressed situations, developing and executing strategies to protect and enforce contract and collateral rights and collect on money judgments. His clients include banks, private capital providers, strategic investment funds and litigation funders.

Although based in Omaha, Jeremy’s practice spans throughout the U.S. on engagements frequently involving national and international aspects. He has appeared before courts in Delaware, Florida, Iowa, Minnesota, Nebraska, Nevada, New York and Texas (among others). Prior to joining Baird Holm in 2019, Jeremy practiced for 13 years in the New York City offices of two international law firms, Wall Street staple Milbank LLP and global disputes and investigations firm Kobre & Kim LLP.

Jeremy is an active member of the Minnesota Chapter of Turnaround Management Association, the Midwestern Bankruptcy Institute subsection (MWBI) of the American Bankruptcy Institute, for which he currently serves as a member of the MWBI Board, the Nebraska State Bar Association (NSBA), for which he currently serves as a member of the NSBA’s Bank Attorneys Section Executive Committee, and INSOL International, from which he has earned the distinction of Fellow for completing its one-year Global Insolvency Fellowship Program (comparable to an LL.M.). He has spoken on several conference panels and authored or co-authored a number of topical treatises and articles.

Areas of Practice

Education

Hofstra University School of Law, J.D., magna cum laude, 2006
Kansas State University, B.S., Chemical Engineering, 2002

Professional & Civic Affiliations

American Bankruptcy Institute
INSOL International
Turnaround Management Association
Nebraska State Bar Association, Member

Bar & Court Admissions

United States District Court, Minnesota, 2023
Iowa, 2022
Kansas, 2022
Minnesota, 2022
Nebraska, 2020
New York, 2007
United States District Court, Nebraska, 2020
United States District Court, Southern District of New York, 2007
United States District Court, Eastern District of New York, 2008
United States Court of Appeal, Fifth Circuit, 2012
United States Court of Appeal, Third Circuit, 2017
United States Court of Appeal, Second Circuit, 2022
United States Court of Appeal, Ninth Circuit, 2022

Selected Practice Highlights

Negotiating and closing workout transaction on behalf of private capital fund that purchased defaulted bank debt and provided rescue financing to distressed agribusiness borrower, including forbearance arrangement with bespoke milestones tied to the borrower’s farm and feedlot operations.
Developing and executing collateral protection and investment exit strategy on behalf of private capital fund invested in distressed agribusiness borrower, including obtaining novel pre-judgment injunctive relief against borrower which led to buyout on favorable terms.
Developing and executing recovery strategy on behalf of bank damaged in agribusiness Ponzi scheme, asserting civil RICO claims in federal court against certain scheme participants and surviving participants’ motion to dismiss same.
Developing and executing arbitrage litigation strategy for Indenture Trustee concerning a disputed collateral allocation governed by an inter-creditor agreement among holders of $25 billion of indebtedness issued under complex loan and security documents.
Developing and executing fraudulent transfer avoidance and clawback strategy on behalf of Official Unsecured Creditors Committee in large Chapter 11 case, attacking validity and priority of claims arising from eve-of-bankruptcy transactions involving second-lien financing and unsecured-for-secured notes exchange.
Developing and executing recovery strategy from large structure of on-shore/off-shore master and feeder funds on behalf of receiver and Chapter 11 trustee charged with compensating victims of large Ponzi scheme.
Developing and executing legal strategy for equity sponsor of stalled $2.5 billion construction project in The Bahamas, including analysis of governing project financing documents and security agreements governed by English law.
Critically analyzing Puerto Rico’s municipal bond offerings and issuance process, use of securitization structures, special purpose vehicles and arbitrage investment strategies, and memorialize same in 700-page report published August 20, 2018 by Kobre & Kim as the “Independent Investigator” retained by federally appointed oversight management board.

Selected Recent Publications

“The Restructuring of Corporate Groups: A Global Analysis of Substantive, Procedural and Synthetic Group Procedures” published in INSOL International Special Report on Restructuring of Corporate Groups. Chapter Author.
“National Update on United States of America” in forthcoming publication INSOL International Special Report on Restructuring of Corporate Groups. Chapter Author.
“Execution and Judgment Enforcement in the United States” in International Aspects of U.S. Litigation: A Practitioner’s Deskbook, James E. Berger, Editor, published by the American Bar Association’s Section of Litigation (2017). Chapter Co-Author.

Recent Speaking Engagements

“Developments of Common Law of Cross-Border Insolvency Outside the EU Framework – How Cayman could Benefit,” Recovery and Insolvency Specialists Association (RISA) / South Square Conference, Georgetown, Cayman (November 22, 2016)
“The Intersection of Cross-Border Insolvency Proceedings, Receiverships and U.S. Bankruptcy Proceedings,” American Bankruptcy Institute (ABI) Caribbean Insolvency Symposium, San Juan, Puerto Rico (February 2016)
On-Demand Webinar: Kobre & Kim’s Caribbean and Asia Teams Discuss Approaches to Finding and Recovering Hidden Assets in Offshore Locations (May 14, 2015)