ROBERT L. BERMAN

PARTNER

Robert Berman represents private investment vehicles, dealers and other financial institutions in connection with a variety of financial transactions, including the purchase and sale of syndicated bank debt, other loans, restricted securities and financial claims. He also advises clients in connection with investments in, and financing of, different types of securitized products.

Practices

About

Bob provides advice to clients in connection with joint venture arrangements, limited liability companies and limited partnerships, investments in structured finance transactions, investments in residential and commercial mortgage backed securities and financing with respect to such investments. In addition, Bob’s practice also includes representing clients in connection with secured and unsecured loan transactions, credit agreement analysis and a variety of other corporate and related issues.

Education

St. John’s University (J.D., 1977)

St. John’s University Law Review, 1975-1977

Harpur College, State University of New York at Binghamton (B.A., 1972)

Bar Admissions

1981, District of Columbia

1978, New York

Insights

Material Corporate Provisions of the CARES Act

March 30, 2020

In response to the recent outbreak of a novel coronavirus, COVID-19, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law on Friday, March 27, 2020. The CARES Act provides (I) unemployment assistance, (II) limits on paid leave requirements that were established in the Families First Coronavirus Response Act…

Bankruptcy Court Tells Claims Traders: “Do Your Homework!”

July 23, 2018,

Traders in claims of bankruptcy debtors should take note of a recent Delaware Bankruptcy Court decision that prevents the transfer of claims when the underlying debt instrument prohibited the transfer without the borrower’s consent. In In re Woodbridge Group of Companies, LLC, et al. No. 17-12560 (KJC), (Bankr. Del. June 20, 2018) (http://www.deb.uscourts.gov/sites/default/files/opinions/judge-kevin-j-carey/woodbridge-contrarian-opinion-and-order.pdf), the court…

Changes to Delayed Compensation for LSTA Par/Near Par Trades

September 8, 2016,

On September 1, 2016, the Loan Syndication and Trading Association (the “LSTA“) implemented significant changes to the provisions in the trading documentation governing whether a buyer is entitled to receive delayed compensation for a par/near par trade (hereinafter, a “Par Trade“). Delayed compensation is a payment by seller to compensate buyer when a Par Trade…

Taint Necessarily So: Third Circuit Holds that Taint Travels with Claim

November 21, 2013

A new decision by the Third Circuit Court of Appeals, In re KB Toys, Inc., may strongly influence the debate regarding whether a bankruptcy claim transferred on the secondary market is subject to disallowance based on acts of the original holder of the claim. As discussed in our prior alert, KB Toys concerned from objections…

Allocation of “Ticking Fees” Under LSTA Par/Near Par Trade Confirmations

July 31, 2013

The Loan Syndications & Trading Association (the “LSTA”) recently issued a market advisory with respect to the allocation of “ticking fees” between a buyer and seller under an LSTA Par/Near Par Trade Confirmation (“Par Confirm”). “Ticking fees” is an informal market term that is used to describe two different types of payments made from a…

Bankruptcy Reform

December 31, 2012

Kleinberg Kaplan will participate in a study of potential Bankruptcy Code reform. The American Bankruptcy Institute has formed a commission to study and propose reforms to Chapter 11 of the Bankruptcy Code that will better balance the goals of reorganization of business debtors, preservation of jobs and maximization of asset values for the benefit of…