riemerlawrealestate.com

Douglas K. Clarke

Douglas K. Clarke
Senior Partner / Banking & Finance; Real Estate
Boston and New York Offices
617-880-3485
617-692-3485 fax
dclarke@riemerlaw.com

Doug focuses his practice on representing lenders and other creditors in all facets of commercial finance and real estate finance transactions, with a particular focus on workout, debt restructuring, bankruptcy-related matters, and voluntary and involuntary troubled debt resolutions.

Doug also has extensive experience in dispositions of general partner and limited partner interests, and limited liability company membership interests, in real estate holding limited partnerships or limited liability companies, and in the sale of the underlying real estate, particularly in connection with affordable housing tax credit transactions.

He has represented banks, financial institutions, hedge funds, and other lenders in a wide variety of commercial finance and real estate finance transactions—from single lender loans to complex multi-lender participations and syndicated credits. His experience includes representation of senior secured, mezzanine, second lien lenders, convertible debt holders, and preferred equity in complex workouts and restructurings of both real estate and asset based workouts and restructurings. Doug also has represented lenders in the sale and purchase of loan positions and portfolios.

Doug's practice includes the enforcement of creditors’ rights under Article 9 of the Uniform Commercial Code, other state laws, and the Bankruptcy Code. Doug has conducted numerous secured party sales, so called strict foreclosures, dispositions of assets under Section 363 of the Bankruptcy Code, collection of receivables, and real estate foreclosures. Doug has represented creditors in connection with perfecting security interests and liens in, and disposing of, a wide variety of asset classes, including both personal property and real property. Doug's experience includes perfecting security interests in, and disposing of, many esoteric types of property such as intellectual property, patents, trademarks, motor vehicles, boats, airplanes, securities, partnership interests, and limited liability company membership interests.

Doug's work with lenders also regularly involves negotiating and documenting financing arrangements.

Representative Transactions

  • Represented mezzanine lenders in workout and restructuring of large Florida real estate development
  • Represented tax credit investment fund in the sale of a $11.4 million affordable housing property on Long Island, New York
  • Represented agent for a syndicate of lenders to a national restaurant chain in a $25 million revolving credit facility in connection with a forbearance arrangement and eventual sale of company
  • Represented tax credit investment fund in the disposition of numerous limited partnership and general partnership interests in various limited partnerships formed to develop and operate affordable housing projects
  • Represented lender to a multi-state advertising consultant company in the restructuring of a $12 million loan facility
  • Represented secured lender to a foundry business in adversarial proceedings to convert a Chapter 11 reorganization proceeding to a Chapter 7 liquidation of company’s assets, including the foreclosure sale of the foundry building
  • Represented secured lender to an Internet company in a multi-million dollar loan facility in connection with the wind-down of the business and the secured party sale of assets, including intellectual property
  • Represented first mortgagee in foreclosure of large shopping center in Eastern Massachusetts
  • Represented real estate lender regarding a negotiated settlement involving consensual short sales and foreclosure sales of multi-unit apartment buildings in Western Massachusetts and Vermont
  • Represented lenders in the sale of loans to third parties
  • Represented lenders in numerous foreclosure sales of commercial, multi-family, and retail properties in New York and Massachusetts
  • Represented lenders in wide variety of secured party sales, repossessions, and other dispositions of assets in connection with maximizing the lenders’ return from their collateral

In The News

  • Tall order: Race up the Hancock to help MS group - Doug Clarke, who serves on the board of the New England Chapter of the National MS Society, recently completed the annual Climb to the Top multiple sclerosis fund-raiser, which involves racing up all 61 flights of the Hancock Tower.
    The Boston Globe, March 10, 2015

Affiliations

Massachusetts Bar Association
Turnaround Management Association
Board of Trustees, Greater New England Chapter of the National MS Society
Chair, Climb to the Top (Boston), Greater New England Chapter of the National MS Society

Admissions

Commonwealth of Massachusetts
U.S. District Court, District of Massachusetts
State of New York

Education

University of Michigan Law School, J.D., cum laude, 1996
Harvard University, A.B., cum laude, 1993