Tal Sant

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Of Counsel

Tal’s early career was comprised largely of high profile complex corporate reorganizations, including Apex Oil Company and related entities (unsecured creditors committee representation) and Interco (debt holder representation), as well as substantial work for banks maximizing bad loan recoveries.

Tal also represented several businesses in substantial sales of assets under relevant provisions of the Bankruptcy Code, including a bottling plant for over 30 million dollars, a boat manufacturer for several million dollars, and an apparel manufacturer. He also worked on the formulation and drafting of complex reorganization plans for those companies.

Prior to his joining Affinity, Tal collaborated with Bob Guest and Brad Crandall in representing an importer of goods in forming a new company and buying its assets, “free and clear” of liabilities (including alleged dumping liabilities), over the objection of the Department of Justice in a first-of-its-kind case (due to the debtor being an importer tagged with a dumping liability).

Tal has represented numerous companies in non-bankruptcy reorganizations and financial restructuring, including a local hospital, two unaffiliated cable companies, a retailer, a substantial publisher and small businesses.

Tal graduated from Princeton University in 1982 with a politics degree and from Vanderbilt University School of Law in 1985. Tal is a member of the Missouri Bar and Illinois State Bar Association. Tal has served on and chaired various non-profit boards and currently

Notable Representations

Chapter 11 Bankruptcies

  • Representation of trade creditors with substantia l claims and contract issues in Arch Coal, Noranda, and Peabody Energy pending Chapter 11 Bankruptcy Cases
  • Contractor Representation and Confirmation of Chapter 11 Plan substantially reduced debt;
  • Large pharmaceutical supplier representation resulting in award of priority claim with higher payout than similar claims treated as non-priority
  • Asset acquisition under Bankruptcy code eliminated substantial unliquidated liability under anti dumping import laws
  • Suit for non-discharge-ability of student loan debt
  • Suit for non-discharge-ability of loan obligation and ‘or interference with business expectancy customers
  • Substantial role in Unsecured Creditor Committee

Creditor Representation

  • Armstrong Energy, Inc. et_al (Case No. 17-47541) local counsel to unsecured creditors committee.
  • Arch Coal et_al (Case No. 16-40120) representation of largest unsecured trade creditor/unsecured creditor committee member.
  • Peabody Energy et_al (Case No. 16-42529) representation of trade creditor/ unsecured creditor committee member
  • Large pharmaceutical supplier representation resulting in award of priority claim with higher payout than similar claims treated as non-priority
  • Suit for non-discharge-ability of loan obligation and interference with business expectancy – high six figure judgement obtained

Debtor Representation

  • Representation of manufacture (pending)
  • Contractor Representation and Confirmation of Chapter 11 Plan that substantially reduced debt.

Section 363 Asset Sales/ Acquisitions

  • Representation of principals of importer in formation of new import company and purchase of assets of existing import company free and clear of liabilities including anti-dumping import laws.  (insert Whitney Design hyperlink)
  • Representation of debtor in sale of bottling plant.
  • Representation of debtor apparel manufacture in sale of assets.
  • Representation of boat manufacture in acquisition of debtor/boat manufacture.

Receivership

  • Filed and handled receivership case for lender to mall operator.

Business Transactions

  • Acquisition of Events and Catering Business
  • Sale of online retail business
  • Distressed Contractor acquisition through UCC secured party sale

Business Litigation

  • Favorable settlement at trial of suit against client on alleged guarantee of substantial debt.
  • Suit for damage to retail inventory (pending)
  • Defense of breach of contract action and prosecution of counter claims including under Missouri Merchandising Practices Act. (Pending)

Out of Court Workouts/Liquidations

  • UCC Secured Party Sale of Assets of Packager
  • Wind down of retailer operations
  • Negotiation of reduced payoff of contractor obligations to lender

Bank Representations

  • Distressed loan matters for Southwest Bank of St. Louis and successors for numerous years
  • Dismissal of Borrower Chapter 11 Bankruptcy Case based upon pre-petition exercise of assignment of rents (prior to Northwest Commons decision)

Practice Areas

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