Jayna Partain Lamar

USA: Alabama

Maynard, Cooper & Gale, P.C
1901 Sixth Avenue North
2400 Regions Harbert Plaza
Birmingham, AL 35203

Tel: +1 205.254.1048
Fax: +1 205.714.6348

Email: jlamar@maynardcooper.com
Web: www.maynardcooper.com

Ms. Lamar’s practice focuses primarily on the representation of banks, financial institutions, and other lenders as secured or unsecured creditors in commercial bankruptcy or reorganization proceedings and in loan workouts and debt restructuring efforts. She has also provided representation for the committee of unsecured creditors in Chapter 11 cases, and she represents indenture trustees and bondholders on defaulted issues. Her creditors’ rights practice extends to commercial foreclosure proceedings and the exercise of Article 9 remedies.

In addition, Ms. Lamar handles commercial litigation matters ranging from the collection of sizable debts and obligations, to the defense of lender liability allegations, to contract disputes, arising in bankruptcy proceedings or in state or federal courts.

  • Represented liquidity provider to County in connection with bond indebtedness totaling $3.2 billion incurred for the construction, operation and maintenance of a sewer system, including pre-filing negotiations related to, and representation in, largest Chapter 9 proceeding in history, including eventual negotiation and sale of warrants held by client.
  • Serves as counsel to numerous lenders on multi-million dollar defaulted residential and condominium construction projects, including negotiating sales of completed and partially-constructed units and raw land in an effort to obtain debt repayment.
  • Served as co-counsel to Official Committee of Unsecured Creditors in chapter 11 proceedings filed by parent corporation and 23 subsidiaries with plants in seven states engaged in the design, development and manufacture of cast, forged and machined components. Successfully negotiated consensual plan of reorganization with debtors and lending group to allow confirmation only eight months after petition date.
  • Represented Indenture Trustee on defaulted rural hospital bonds held by more than 200 predominantly non-institutional holders. Obtained immediate appointment of chapter 11 trustee for day-to-day management of hospital and financial control, negotiated post-petition financing, then worked with trustee through operating issues including threatened loss of insurance and licensure, to enable sale of hospital as going concern.
  • Represented secured lender to operator of national space exploration and aeronautics camps and related facilities in Florida and California. Engineered judicial foreclosure of facilities and exercise of Article 9 remedies to take title to all real and personal property, including intellectual property.
  • Represents banks and other lenders in the purchase and sale of loans and other credit facilities, both as individual transactions and as transfers of entire loan portfolios.
  • Represented lender in resolving multiple lawsuits filed by borrowers and swap counterparties challenging the structure of their respective loans and swaps and alleging misrepresentation and suppression. For all existing borrowers, resolution included restructuring the facilities to provide a mutually acceptable structure on a go-forward basis.
Bankruptcy and insolvency issues — whether they arise in connection with the initial documentation of a loan, the purchase or sale of assets, as a component of business or corporate restructuring or as a defensive measure to the collection of indebtedness or enforcement of remedies in defaulted credit relationships — present complex legal and practical issues requiring thoughtful, informed analysis and well-formulated strategic planning. Decisions must be made and implemented quickly to protect the interests of clients grappling with unexpected hurdles in their business plans. The current tightening of credit and shrinkage of available equity have created a fertile ground for the growth of insolvency issues in unprecedented numbers. The Bankruptcy, Workouts and Creditors’ Rights group provides experienced and capable assistance to clients and offers a bridge across the turbulent waters of insolvency to a firmer and more stable financial ground.

Maynard Cooper’s Bankruptcy, Workouts and Creditors’ Rights group primarily represents creditors (including banks, special servicers and other secured lenders, trade creditors, judgment creditors and creditors’ committees) in bankruptcy matters and work-out situations. Further, the Bankruptcy, Workouts and Creditor’s Rights group has significant experience representing private equity funds and other distressed debt and real estate investors in loan workouts, foreclosures, receiverships, deficiency suits, and Chapter 11 bankruptcy proceedings, both with respect to traditional commercial mortgages and CMBS loans. The firm also represents borrowers in debt restructurings and workouts, and debtors in complex bankruptcy and insolvency proceedings on a select basis.

Our bankruptcy practitioners have extensive experience before bankruptcy judges throughout Alabama. However, our practice routinely includes representation of clients in proceedings in Delaware, New York, Georgia, Florida, Tennessee, Mississippi and other national venues.

Similarly, the firm represents creditors in bankruptcy proceedings and workout situations across a wide expanse of industries: single-asset real estate holdings, multi-family housing, hotels, manufacturing concerns (including addressing the interplay between environmental and bankruptcy law), hospitals, nursing homes, assisted living facilities and home health care companies (including licensure and regulatory issues); accounts receivable and inventory financing, and retail operations, among others.

In just over twenty-five years, Maynard Cooper has emerged as one of the Southeast’s leading firms, offering services encompassing nearly the entire spectrum of legal practice. Maynard Cooper regularly represents clients in litigation and regulatory matters across the country. We also serve as regional counsel for a number of Fortune 500 companies throughout the Southeast.

Maynard Cooper serves a variety of local, national and international business entities, as well as charities and individuals. Our services include litigation, corporate law, banking and commercial law, real estate law, antitrust, public finance, estates and trusts, government contracts and bid protests, governmental affairs and relations, international trade regulation, admiralty and maritime, taxation, intellectual property, health care, securities law, labor law, environmental law, bankruptcy law and white collar criminal defense.

The firm also strongly supports attorney participation in bar associations and professional activities. Two of our shareholders have served as President of the 400,000 member American Bar Association (2008-2009 and 1996-1997). One shareholder is a past-Chair of the ABA’s House of Delegates, the ABA’s second highest office, while another shareholder is a past-Chair of the ABA’s Criminal Justice Section. Our Firm also has a past President of the Maritime Law Association of the United States. Maynard Cooper also has three former Chairs of the 75,000 member Litigation Section of the ABA.

 

Jayna Partain Lamar is recognized for her work acting for banks and other lenders across a wide range of bankruptcy, workout, receivership and restructuring matters. “She’s always very helpful and very responsive. She is very knowledgeable about the market and very efficient,” an admiring source notes.
Chambers USA, 2015