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Nancy A. Valentine

Principal

Office

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+1.216.716.5040
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+1.248.879.2000
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+1.330.414.3203
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+1.248.879.2001
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Education

The Ohio State University Moritz College of Law, J.D., 1998

Vanderbilt University, B.A., 1994

Bar Admissions

Court Admissions

United States District Court, Northern District of Ohio

United States District Court, Southern District of Ohio

The Supreme Court of the United States

United States Court of Appeals for the Sixth Circuit

Nancy Valentine is a nationally recognized attorney with extensive litigation and transactional experience representing financial institutions, privately held companies, receivers and individuals. She is a counselor and problem solver with the ultimate goal of her client regularly in mind.

She regularly leads teams of attorneys in large transactions, such as a $100 million distressed loan package, notable not only for its size, but also for its complexity, requiring financing, restructuring, sales, federal district court litigation and the coordination of simultaneous bankruptcy cases.

Nancy's practice has focused on representing middle-market buyers and sellers in complex transactions. She represents secured creditors, equipment lessors, landlords, asset-based lenders and general creditors, and debtors in bankruptcy and in federal-court and state-court litigation proceedings as well as civil litigation such as receiverships and collection matters. Nancy also has particular experience in distressed real estate matters, and often counsels clients on planning, managing and better protecting their companies when growing relationships with customers and suppliers.

Representative Matters

  • Represented senior secured creditor financial institution in $40 million workout and restructuring matter
  • Represented a non-profit organization in the construction of a new facility and the financing and real estate issues related to the construction of the new facility
  • Represented multiple unsecured creditors in the Debtor’s Chapter 11 bankruptcy proceedings (In re Premium Transportation Staffing, Inc., Case No. 17-50689, U.S. Bankruptcy Court for the Northern District of Ohio)
  • Retained to represent the Receiver in the pending action in 2017 to assist with the disposition and related litigation surrounding a multi-story office building and completed the sale process in ninety days (U.S. Bank National Association, As Trustee For The Registered Holders Of Banc Of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2006 1 v. MMCO, LLC, et al., Case:  CV 16 865052, Cuyahoga County Common Pleas Court, Cuyahoga County, Ohio)
  • Represented senior secured creditor and purchaser in Debtor’s Chapter 11 bankruptcy proceedings through confirmation of Liquidating Chapter 11 Plan (In re Dependable Auto Shippers, Inc., Case Number 16-34855, United States Bankruptcy Court for the Northern District of Texas, Dallas Division)
  • Retained to represent the Receiver in the pending action in 2016 to assist with complex real estate issues and negotiations among parties to find a disposition of the longstanding receivership (Wells Fargo Bank, N.A., Successor By Merger To Wells Fargo Bank Minnesota, N.A., As Trustee For The Registered Holders Of Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2003-C5 v. Waynesburg Centre, Ltd., et al., Case No.  2012 CV 1294, Stark County Common Pleas Court, Stark County, Ohio)
  • Represented a public company and creditor in the Loehmann's bankruptcy using complex UCC experience as in previous engagements in the retail space for creditor..
  • AgStar Financial Services, FLCA and AgStar Financial Services, PCA. Plaintiffs in several Federal Court foreclosures and receiverships in the Federal District Court for the Northern District of Ohio and Northern District of Indiana and Secured Lenders in various bankruptcy proceedings in Ohio and Indiana, including In re Arts Dairy LLC, Case No. 09-32386, In re Springfield Dairy LLC, Case No. 10−35426 and In re Van Ham Dairy, LLC and In re Van Ham Dairy Leasing, LLC, Case Nos. 10-33231 and 10-36120, and In re Van Alphen Dairy, LLC, Case No. 11-14256 in the U.S. Bankruptcy Court for the Northern District of Ohio representing AgStar, the secured lender to multiple dairy farm operations of approximately $80 million in credits.
  • Represented receivers in multiple matters, including:
    • Northern Trust Bank, FSB v Bolognue Holdings, Inc., Case No.  CV-2011-07-3843, Summit County Common Pleas Court, Ohio (supplier)
    • 2115-2121 Ontario Building, LLC v Dolores Anter, Case No.  CV-11-752119, Cuyahoga County Common Pleas Court, Ohio (commercial real estate)
    • Lake Park Tower OH LLC v Lake Park Towers, LLC, Case No.  CV-12-789829, Cuyahoga County Common Pleas Court, Ohio (residential apartment complex)
    • Advantage Renovations, Inc. v Maui Sands Resort Co., LLC, Case No. 2008 CV 0894, Erie County Common Pleas Court, Ohio (indoor waterpark resort facility)
    • Coastline Ohio, LLC v Extended Family Concepts, Inc., Case No. 2010 CV 00917, Stark County Common Pleas Court, Ohio (Adult Care Facility)
    • Represented the secured lender requires understanding of complex real estate and leasing issues. The primary debtors own a multimillion dollar shopping center complex. (Wachovia Bank, National Association v. Bridgewater Falls I, LLC, et al., Case No. CV 2008 021056, Butler County Common Pleas Court, State Court Foreclosure and Receivership Action)
    • 111 Debt Acquisition LLC v. Six Ventures, Ltd., et al., Case No. 2:08-cv-768, U.S. Federal District Court for the Southern District of Ohio and In re Six Ventures, Ltd., Case No. 08-58468, in the U.S. Bankruptcy Court for the Southern District of Ohio – Federal Court Foreclosure and Receivership Action and Secured Creditor representation in U.S. Bankruptcy Court – The primary debtor owns mulitmillion dollar multifamily apartment complexes. Representing the secured lender requires understanding of complex real estate issues as well as complex bankruptcy issues related to real estate based debtors.
  •  Representing the secured lender requires understanding of complex real estate and leasing issues. The primary debtors own a multimillion dollar shopping center complex. (Wachovia Bank, National Association v. Bridgewater Falls I, LLC, et al., Case No. CV 2008 021056, Butler County Common Pleas Court, State Court Foreclosure and Receivership Action)
  •  Represented the lead secured creditor in the state court proceedings that require significant understanding of such operations, including the regulatory considerations. The primary debtor owned multiple gas and convenience store operations in four Ohio counties. (Lehman Brothers Holdings, Inc. v. United Petroleum Marketing, LLC, Case No. 2007 CV 02056, Stark County Common Pleas Court, State Court Foreclosure and Receivership Action)
  •  Represented the lead secured creditor in the bankruptcy proceedings and in the prior state court proceedings that required significant understanding of such operations, including the regulatory considerations; debtor owned multiple gas and convenience store operations in fourteen Ohio counties. (Broadway Bank v. Thomas Abdallah, et al., Case No. CV 05 570120) (In re North Coast Oil, Inc., et al., Case No. 05-81397 [Jointly Administered], U.S. Bankruptcy Court for the Northern District of Ohio [Akron])
  • Counsel to official Committee of Unsecured Creditors (In re Forgitron, LLC, et al., Case No. 08-117621, U.S. Bankruptcy Court for Northern District of Ohio)
  • Appointed by the United States Trustee to serve as the Chapter 11 Trustee for Villa Marie Estates, Inc. in the United States Bankruptcy Court for the Northern District of Ohio
  • Debtors’ counsel in In re Hi-Rise Recycling Companies, Inc., in which the debtor completed the sale of its assets in six weeks after filing, and confirmed a liquidating plan of reorganization
  • Represented ADESA, Inc. and its affiliate CarsArrive Network, Inc. in the Chapter 11 bankruptcy proceedings of Dependable Auto Shippers, Inc. in a case in the U.S. Bankruptcy Court for the Northern District of Texas. Client purchased the pre-petition secured debt and provided DIP Financing to the Debtors. Ultimately, client purchased the Assets of Dependable Auto Shippers through a confirmed Chapter 11 Plan and Credit Bid. We closed the purchase of Dependable Auto Shippers, Inc. on May 11, 2017 (case filed Dec. 21, 2016). ADESA purchased the secured debt prior to the filing of Dependable Auto’s Chapter 11 Case with our assistance and then we worked with Dependable Auto and its counsel to confirm a Chapter 11 Plan and purchase Dependable Auto’s assets via a confirmed Chapter 11 Plan approving the Asset Purchase Agreement. ADESA assigned its purchase rights to a subsidiary CarsArrive Network.  (In re Dependable Auto Shippers, Inc., et al., Case No. 16-34855-bjh11)

Honors

Ohio Super Lawyers - 2005-2007, 2011, 2013-2017

Top 25: Women Cleveland Super Lawyers - 2014-2017

Top 50: Cleveland Super Lawyers List - 2017

Top 50: Women Ohio Super Lawyers List - 2014-2017

Top 100: Ohio Super Lawyers List - 2017

The Best Lawyers in America, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Bankruptcy Litigation, 2010-2018

Best Lawyers 2014 “Lawyer of the Year” in Bankruptcy in Cleveland

Professional Activities

International Women's Insolvency & Restructuring Confederation (IWIRC), Chair of the Executive Board, 2016-2017

American Bankruptcy Institute, Member

Cleveland Metropolitan Bar Association, Member; Bankruptcy and Commercial Law Section Chair, 2014-2015; Vice Chair, 2013

Ohio State Bar Association, Member

United States Bankruptcy Court for the Northern District of Ohio Attorney Constituent Group

Civic, Cultural & Social Activities

United Way of Greater Cleveland Campaign, 2017

ACG Cleveland, Annual Golf Event Committee, 2017

American Red Cross Greater Cleveland Chapter Board, 2016 - present

American Red Cross Cup Committee, 2016 and 2017

Medina City Schools Foundation Board Member, June 2, 2016 - present

United Way 2016 Annual Campaign Committee and Volunteer

St. Francis Xavier School, Homeroom Parent and volunteer, 2015-2016

Speeches

ABI Winter Leadership Conference 2017 - Shark Tank Panel - Presenter "The Absolute-Priority Rule Should Not Apply to Individual Chapter 11 Debtors" and "In jointly administered, multi-debtor chapter 11 cases, only one impaired clause under the 'plan' has to accept to satisfy 11 U.S.C. Section 1129(a)(10). The Court in Transwest has it right."

2017 WELD (Women for Economic and Leadership Development) Cleveland Chapter, September Leadership Series – Panelist, "Asking for What You Want" (Sept. 19, 2017)

13th Annual Mid-Atlantic Bankruptcy Workshop, American Bankruptcy Institute, Panelist, "Ethics: Have I Gone Too Far?" (Aug. 5, 2017)

2017 William J. O’Neill Great Lakes Regional Bankruptcy Institute, Moderator, "Risky Business: Issues facing the Real Estate, Retail, and Hospitality Businesses" (May 4-5, 2017)

"View from the Bench: Procedure to Hot Topics in Bankruptcy to What We Should and Shouldn’t See in 2015," Bankruptcy & Commercial Law Section Meeting & CLE Presentation, 2016. Served as moderator.

Cohen & Company’s 2015 CLE Seminar Series, Dec. 17, 2015. Served as speaker regarding Ohio’s Amended Receivership Law.

4th Annual Case Western Reserve University School of Law Women’s Law & Leadership Conference, Dec. 16, 2015. Serves as panelist following the Compensation Keynote.

"Compensation, Promotion and Leadership Development in the Profession"  Women's Law and Leadership Conference, 2015. Served as a panelist.

"Take the Risk, Lean-In and Move Up!"  3rd Annual Women's in Law & Leadership Conference, 2014. Served as a panelist.

"Women in Law," Cleveland Metropolitan Bar Association, 2014. Served as a panelist in a presentation during the Women in Law Section Meeting.

"Anything But Bankruptcy! Redux: Nonbankruptcy Alternative," American Bankruptcy Institute, 2009. One of the speakers for this presentation during the American Bankruptcy Institute’s Mid-Atlantic Bankruptcy Workshop. The topics discussed ranged from asset sales to specific bankruptcy practices and procedures.

"Striking Out? Business Etiquette at Sporting Events and Social Settings," YWCA of Greater Cleveland, 2008. Served as one of the featured speakers during this presentation from the YWCA’s Women’s Leadership Initiative. This presentation aimed to help decipher the sometimes unclear rules of conducting business in a social atmosphere or while attending a sports event with clients.