Jonathan Sundheimer’s practice runs the spectrum of lending, bankruptcy, commercial litigation and loan restructuring. He documents loan transactions on behalf of financial institutions, and represents such institutions in the event of default through negotiations and litigation. Beyond financial institutions, he guides businesses through collections, bankruptcy and insolvency-related dispute resolution.
OVERVIEW
Jonathan Sundheimer
Partner
Indianapolis
11 S. Meridian StreetIndianapolis, IN 46204-3535
OVERVIEW
Jonathan Sundheimer
Partner
Indianapolis
11 S. Meridian StreetIndianapolis, IN 46204-3535
Jonathan Sundheimer’s practice runs the spectrum of lending, bankruptcy, commercial litigation and loan restructuring. He documents loan transactions on behalf of financial institutions, and represents such institutions in the event of default through negotiations and litigation. Beyond financial institutions, he guides businesses through collections, bankruptcy and insolvency-related dispute resolution.
- OVERVIEW
- EXPERIENCE
- EXPERIENCE
- INSIGHTS & EVENTS
OVERVIEW
Simply put, Jonathan counsels businesses and individuals that loan money or are owed money. On the front-end of lending relationships, Jonathan has experience representing banks, both large and small, with loan originations, extensions, modifications and amendments. He has advised banks regarding loan participations, subordination agreements and mezzanine financing.
On the back-end of lending relationships, Jonathan has experience enforcing commercial real estate loans, representing receivers and collecting judgments. He regularly represents special servicers and financial institutions throughout Indiana in negotiating loan modifications and loan enforcement. In bankruptcy, he has represented creditors in all aspects of Chapter 11 proceedings, including cash collateral disputes, 363 sales and plan confirmations.
In both bankruptcy and commercial litigation, Jonathan’s work has led to published opinions in Indiana state and federal courts, the Indiana Court of Appeals and the U.S. Court of Appeals for the Seventh Circuit. Out of court, he has helped restructure loans secured by real property, rents and equipment.
Jonathan has frequently advised manufacturing clients on strategies for minimizing risk in the supply chain. His advice has helped both suppliers and original equipment manufacturers avoid assembly line shutdowns and ensure continuing operations. Whether negotiating contract terms or seeking the appointment of a receiver over a supplier’s operations, Jonathan’s work has reduced losses when sole source suppliers go dark.
Jonathan is a frequent speaker, and has presented to the National Association of Credit Managers, Indianapolis Bar Association’s Leonard H. Opperman Chapter 11 Roundtable, ICLEF Annual Bankruptcy Institute, and the Building Owners and Managers Association.
Dedicated to direct and clear communication, Jonathan is at his best when faced with the fast pace, obstacles, complexity and diversity of legal representation involving lending and collections. Whether he is in or out of court, Jonathan is appreciated by clients and colleagues alike for being practical and reasonable, and for providing a realistic assessment of each client’s options and how that path could support their end game.
Professional and Community Involvement
Member, American Bankruptcy Institute
Member, Indiana State Bar Association
Member, Indianapolis Bar Association
Board member, Turnaround Management Association – Indianapolis Chapter
Board member, American Heart Association
Board member, Heritage Place of Indianapolis
Vice president, Butler University Central Indiana Alumni Committee
Deacon, Second Presbyterian Church
Volunteer, Joseph Maley Foundation
EXPERIENCE
- Represented a secured lender in conjunction with a commercial real estate bankruptcy filing by borrower. The matter proceeded to the Seventh Circuit Court of Appeals on two occasions – prevailing both times before the appellate court. On remand, we convinced the bankruptcy court to dismiss the bankruptcy proceedings brought by the borrower and proceeded with state court foreclosure, allowing our client to realize greater value for the property on much shorter timeframe.
- Represented the special servicer in multi-state foreclosure proceedings for a $300 million portfolio of multifamily properties. Negotiated with borrowers for immediate appointment of receivers over the foreclosed properties so our client could capture all revenues as well as structured our client's settlement to provide for third-party refinancing.
- Represented a servicer of tribal loans in the refinancing of $18 million line of credit with a private equity group. Addressed issues relating to sovereign immunity and participation agreements with the tribal lender, as well as evaluated multiple corporate formality matters, including parent guaranties and subordination of security interests to prior senior secured lenders.
- Represented a secured lender in appeal to First District Court of Appeals in Ohio, seeking reversal of trial court ruling vacating judgment against guarantor of loan. Obtained favorable ruling from the appellate court to reinstate $7 million judgment for client.
- Represented OEM in receivership proceedings for tier 1 supplier. When sole source supplier of parts threatened to cease operations, represented OEM in obtaining emergency appointment of a receiver to continue operations of supplier in multiple jurisdictions. During the receivership, OEM was able to build parts bank and transition manufacturing to new supplier, all while continuing to maintain OEM’s production lines.
- Represented OEM in prejudgment possession of tooling. When sole source supplier of parts threatened to stop production of parts, represented OEM in obtaining emergency prejudgment order of possession to repossess tooling. Worked with law enforcement to enter supplier’s premises in off hours and repossess tooling with minimal disruption. Through immediate repossession, were able to minimize loss for OEM client and expeditiously re-source manufacturing.
EXPERIENCE
INSIGHTS & EVENTS
