Sameer Kapoor

overview

Sameer Kapoor is a seasoned Bankruptcy, Restructuring & Creditor Rights partner who provides legal support and advice to clients in defaulted loan workouts, various types of creditors’ rights litigation matters, and bankruptcy cases. Sameer’s client-first approach focuses on providing practical legal advice that efficiently and effectively mitigates the various types of risk faced by lenders.

For more than 20 years, Sameer has represented creditors, commercial lenders, examiners, trustees, purchasers and commercial debtors in various bankruptcy and commercial restructuring matters. He also has experience negotiating, documenting, and closing financial transactions.

Most recently, Sameer worked as an in-house lawyer at a major national bank where he provided legal support to the bank’s asset resolution group, front end commercial lending team, and SBA lending team. Sameer was an integral part of the bank’s team that interpreted the rules and regulations governing Paycheck Protection Program (PPP) loans and developed the platform that originated over $12 billion in PPP loans. He also served as Treasurer and Board Member of the bank’s Legal Diversity, Equity and Inclusion Team.

experience

Lead Counsel on matters involving defaulted commercial debt arising from bank originated commercial loans and large, syndicated credit facilities as either the lead bank or a participant.*
Lead Counsel on state and federal court litigation involving suits on notes and guaranties, bankruptcy cases arising under all chapters and issues related thereto, and other offensive and defensive litigation matters.*
Lead Counsel providing guidance on a broad range of issues related to Florida commercial lending transactions, including developing strategies to minimize outside counsel spend and other fees/costs incurred during the lending process to create competitive loan products and processes.*
Lead SBA Counsel providing guidance in accordance with the SBA’s policies and procedures governing the lifecycle of an SBA loan and other applicable law, including drafting of marketing materials and initial correspondence to potential new clients, supporting outside counsel with drafting of loan documents, and implementation of processes to handle loan servicing questions.*
Lead SBA Counsel ensuring compliance with regulatory requirements related to the origination of over 100,000 PPP loans totaling over $12 billion during 2020, including review and analysis of the Cares Act and Consolidated Appropriations Act of 2021, interim rules, and FAQs; drafted memos and letters to SBA/Treasury leadership requesting guidance on various aspects of the PPP loan program; and assisted with the creation of Truist’s PPP application portal and help guides to assist clients through the online application process.*
Participate in regular lobby and trade group calls, including the Bank Policy Institute and NAGGL.*
Represented clients on front end commercial lending transactions, including handling all aspects of due diligence related to the underlying deal documents and collateral, such as reviewing title and general corporate authority documents, and drafting the required loan documents such as promissory notes, collateral documents securing real estate and various types of personal property, loan and credit agreements.*
Counseled secured lenders and closed transactions involving the purchase or sale of real estate collateral, including the negotiating and drafting of purchase and sale agreements, lien releases and all other ancillary documents.*
Represented secured lenders on workout and restructuring transactions, including negotiating and drafting loan documents and resolution documents such as settlement agreements, forbearance agreements and loan modifications.*
Represented secured lenders in bankruptcy cases arising under Chapters 7, 11, 12, and 13, and handle issues related to cash collateral, 363 sales, relief from stay, and plan confirmation.*
Represented clients in state and federal court litigation as first chair lawyer during hearings and bench trials in bankruptcy and commercial litigation cases.*