Catherine N. (Eisenhut) Cervone

Partner Buffalo

A creditors’ rights attorney who seeks creative and pragmatic solutions to maximize outcomes for clients, Catherine represents financial institutions, corporations and individuals in connection with lending, workout and financial restructuring matters.

Catherine concentrates her practice in the area of creditors’ rights, including representing lenders and other creditors in distressed workout, financial restructuring, secured transactions and bankruptcy. Her experience includes counseling financial institutions in out-of-court distressed workouts, loan sales, and liquidations. Catherine has also represented debtors, secured and unsecured creditors, and DIP lenders in Chapter 11 bankruptcy proceedings—including those filed under Subchapter V—and Chapter 13 bankruptcy proceedings.

Catherine also represents financial institutions in commercial lending transactions, particularly with respect to construction financing for low income housing, brownfield and historic tax credit projects, and commercial real estate financing.

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Honors & Awards

  • Named Upstate New York Super Lawyers® Rising Star, 2022-2023
  • Named to Best Lawyers: Ones to Watch in America®
  • Participant in the National Conference of Bankruptcy Judges Next Generation Program, 2022
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Education & Admissions

Education
  • Cornell Law School, J.D., cum laude, 2014
  • University of Florida, B.A., cum laude, 2010
Admitted to Practice
  • New York
  • U.S. District Court, Eastern, Northern, Southern and Western Districts of New York
  • U.S. Bankruptcy Court, Eastern, Northern, Southern and Western Districts of New York

Experience

Creditor’s Rights
  • Represented the lead lender of a secured lender group with aggregate exposure of approximately $35 million in connection with a bankruptcy sale resulting in a 100% recovery to the lender group, which was recognized by The M&A Advisor’s Distressed M&A Deal of the Year Award.
  • Represented the lender of a $1.5 million debtor-in-possession revolving credit facility.
  • Represented a financial institution in the negotiation and documentation of a forbearance and eventual sale of an approximately $8.5 million loan owing by a distressed borrower.
  • Represented a financial institution in connection with the liquidation of equipment collateral located in fourteen restaurant locations.
  • Represented a financial institution in the successful dismissal of a Chapter 11 bankruptcy filing on bad faith grounds.
  • Represented a corporation in the dismissal of an adversary complaint in bankruptcy court to recover amounts owed on a breach of contract theory, which dismissal was upheld on appeal to the district court.
  • Represented a receiver in connection with U.S. Securities and Exchange Commission enforcement actions.
  • Represented a pharmaceutical distributor in the successful settlement of a $400,000 preference recovery action.
Commercial Lending
  • Represented the lender of a construction loan and bridge loan of $48 million with respect to a historic tax credit project.
  • Represented the lender of a construction loan of $27 million with respect to a low income housing tax credit project.
  • Represented the financial institution providing credit enhancement for a $10.5 million bond loan to provide construction and permanent financing for a low income housing tax credit project.
  • Represented the lender of a $13 million loan for the acquisition of a multifamily housing development.
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Activities & Professional Associations

Present Activities

  • International Women’s Insolvency & Restructuring Confederation
  • Women’s Bar Association of the State of New York, WNY Chapter, Local Director

Past Activities

  • Cornell Law Review, Managing Editor, Executive Board

Professional Associations

  • American Bankruptcy Institute
  • American Bar Association
    • Business Law Section
    • Real Property, Trust and Estate Law Section
    • Young Lawyers Division
  • Bar Association of Erie County
    • Commercial Litigation and Bankruptcy Law Committee
  • New York State Bar Association
    • Business Law Section
    • Young Lawyers Section
  • Women’s Bar Association of the State of New York, WNY Chapter, Local Director

Articles & Publications

Articles

  • “Timing Considerations for Commencing State Law Avoidance Actions in New York State,” American Bankruptcy Institute, August 2023