Eugene J. Geekie Jr. concentrates his practice in:
- Creditors' rights and general commercial litigation
- Workouts and business reorganizations
- Bankruptcy litigation
- Real estate litigation
In recent years, Mr. Geekie's practice has focused increasingly on representing energy and utility companies in large energy and steel company bankruptcies, such as Enron, Mirant and National Steel, as well as in automotive (General Motors, Chrysler, Delphi) and financial institution (Lehman Brothers) bankruptcies. This representation has included defense and prosecution of various breach of contract claims, recovery of assets, as well as preference and fraudulent transfer litigation.
He also has a great deal of experience representing purchasers of the operating assets of bankrupt entities through Section 363 sales. His recent experiences include acquisitions of food, transportation, and real estate companies (high-rise, residential housing), with several acquisitions taking place less than 30 days after the execution of the asset purchase agreement.
Mr. Geekie has represented:
- Asset-based lenders and banks in the enforcement of security agreements and guarantees
- Lenders and borrowers in loan workouts and business reorganizations
- A variety of creditors in protecting and asserting their rights in bankruptcy proceedings
- Commodity traders and market makers regarding improper trading and insolvency issues
- Banks and commercial lenders in the defense of lender liability and securities fraud litigation
- Creditors' committees in medical, food and manufacturing company bankruptcies
- Trustees in various bankruptcy cases, including technology companies
- Court appointed federal receivers, most recently a receiver for a large produce distributor, which case involved significant issues regarding the Perishable Agricultural Commodities Act (PACA)
He was recently successful in preventing the confirmation of the plan of reorganization of a natural gas remarketing company, where the plan sought to improperly benefit insiders of the bankrupt corporation at the expense of legitimate creditors. Another recent success involved the defense of a bank, the bank’s holding company, and various officers and directors against several multimillion-dollar lender liability claims for alleged misconduct in the making and administration of a loan to a start-up technology company.
Mr. Geekie has:
- More than 20 years of experience assisting lenders in the investigation and litigation regarding fraudulently obtained loans and misappropriation of collateral
- Represented bankruptcy trustees in the investigation and prosecution of fraudulent conduct by debtors and other creditors in bankruptcy proceedings
- Been involved in a variety of partnership litigation matters, including the representation of a partner in a real estate partnership whose partners had breached their fiduciary duties by misappropriating assets and improperly attempting to force minority shareholders to divest their shares
- Experience in other real estate litigation, including the representation of a lender in the foreclosure of its mortgage on golf courses, shopping malls, and office buildings