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Jonathan Sundheimer
OVERVIEW

Jonathan Sundheimer

Partner

Indianapolis

11 S. Meridian Street
Indianapolis, IN 46204-3535

P 317-231-7319

F 317-231-7433

Jonathan Sundheimer counsels financial institutions and individuals on lending, bankruptcy, commercial litigation and loan restructuring. He facilitates loan transactions on behalf of financial institutions and represents such institutions in the event of default through negotiations and litigation. He also guides traditional businesses through collections, bankruptcy and insolvency-related dispute resolution.

OVERVIEW

Jonathan Sundheimer counsels financial institutions and individuals on lending, bankruptcy, commercial litigation and loan restructuring. He facilitates loan transactions on behalf of financial institutions and represents such institutions in the event of default through negotiations and litigation. He also guides traditional businesses through collections, bankruptcy and insolvency-related dispute resolution.

On the front-end of lending relationships, Jonathan represents banks with loan originations, extensions, modifications and amendments. He also advises banks on loan participations, subordination agreements and mezzanine financing. On the back end, he enforces commercial real estate loans, representing receivers and collecting judgments. He also represents special servicers and financial institutions in negotiating loan modifications and loan enforcement. Jonathan also advises creditors on 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 the Indiana Court of Appeals, the Ohio Court of Appeals and the U.S. Court of Appeals for the Seventh Circuit. Out of court, he helps restructure loans secured by real property, rents and equipment. Jonathan is appreciated by clients and colleagues alike for being practical and reasonable, and for providing realistic assessments for options and how those options could affect their preferred outcome.

Jonathan frequently advises 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, presenting at 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.

Professional and Community Involvement

Member, American Bankruptcy Institute 

Member, Indiana State Bar Association

Member, Indianapolis Bar Association

Board president, Turnaround Management Association – Indianapolis Chapter

Member, American Bankruptcy Institute Central States Conference Planning Committee

Trustee, Booth Tarkington Civic Theatre

Former board member, American Heart Association

Former board member, Heritage Place of Indianapolis

Former president, Butler University Central Indiana Alumni Committee

Deacon, Second Presbyterian Church

Volunteer, Joseph Maley Foundation

Honors

The Best Lawyers in America, 2024-2025

National Conference of Bankruptcy Judges, NextGen Class of 2021-2022

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.
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