Marianne Martin is a partner in JMBM's Corporate practice.
Marianne has nearly fifteen years of experience advising clients on a variety of commercial, financing, bankruptcy, restructuring and M&A matters, with a particular niche dealing with distressed and/or turnaround situations. Her clients frequently include private equity and hedge funds, independent sponsors, family offices, public and private corporations, financial institutions and banks, healthcare-related companies, municipalities and venture capital funds.
Marianne has represented clients in various capacities, including as borrowers, lenders, acquirers and agents/trustees, in negotiating and documenting complex commercial transactions, such as commercial loan originations (including senior and subordinated credit facilities, syndicated facilities, ABL and acquisition financing and real estate backed financing), debt exchange transactions, out-of-court restructuring transactions and advising on purchasing considerations in secondary market debt transactions. She has represented clients in numerous industries, including technology, media and entertainment, healthcare, municipal and 501(c)(3) corporations, retail, hospitality, consumer products and food & beverage and financial services.
Marianne also routinely counsels clients in relation to bankruptcy, ABC, UCC-9 foreclosure and out-of-court restructuring matters, including representing clients as third party purchasers in distressed M&A transactions, and counseling clients in arbitrage situations. She has played a key role in large Chapter 11 cases, such as Enron Corp., Lehman Brothers, The Great Atlantic & Pacific Tea Company, Inc., Neff Corp., Verity Health System of California, Inc., the City of San Bernardino, California, Ambassadors International, Inc. (a.k.a., the “Windstar” cruise line) and The Brooklyn Hospital Center.
- Represented a bank lender client in the negotiation and drafting of an up to $20 million revolver facility secured on securities held in a foreign fund.
- Represented borrower in up to $10 million accounts factoring facility.
- Represented borrowers in advancing term loan facility of up to $43 million secured on personal property and industrial maritime collateral.
- Represented corporate seller in an up to $7.5 million term loan and line of credit facility secured on securities and assets of target.
- Represented a private equity investor and lender in a multi-million dollar exchange transaction securing collateral consisting of intellectual property and entertainment and media rights.
- Represented a secured lender in a UCC Article 9 public foreclosure sale of a technology start-up and represented the lender in related follow-on transactions.
- Represented a Bay Area-based venture capital firm and secured lender of pharmaceutical company as a stalking horse and successful purchaser of certain of the company’s assets in an assignment for the benefit of creditors transaction.
- Represented boutique California hotel property in financing matters related to the CARES Act Paycheck Protection Program (PPP) matters.
- Represented a secured lender group in a UCC Article 9 strict foreclosure restructuring transaction involving a wireless technology company.
- Represented The Bank of New York Mellon as Administrative Agent for the Secured Lenders of chapter 11 bankruptcy cases of Reliant Energy Channelview LP.
- Represented the ad hoc committee of convertible noteholders in the initial chapter 11 bankruptcy cases of The Great Atlantic & Pacific Tea Company, Inc., et al., including in a nearly $490 million plan sponsorship and in related transactions.
- Represented numerous banks, institutional real property holding companies and other institutional creditors in relation to the Lehman Brothers Inc., Lehman Commercial Paper Inc., Lehman Brothers Holdings Inc. and related Lehman Brothers bankruptcy cases.
- Represented an ad hoc secured lender group in the restructuring and refinancing of over $100 million in term loans in the Primus Telecommunications Group, Inc. bankruptcy cases pending in the Bankruptcy Court for the District of Delaware.
- Represented the Brooklyn Hospital Center in the finalizing and closing of its chapter 11 bankruptcy case and in connection with various exit financing issues related to its $50 million facility.
- Represented the ad hoc group of senior secured noteholders in the chapter 11 bankruptcy case of Neenah Enterprises, Inc., a manufacturer of castings for municipal and industrial sectors based in Neenah, Wisconsin, in a restructuring of more than $350 million of debt.
- Represented the ad hoc group of first lien term loan holders in the chapter 11 bankruptcy case of Neff Corp., et al., a home building equipment rental company, in a restructuring of approximately $400 million of debt.
- Acted as debtor counsel for Ambassadors International, Inc. and certain of its subsidiaries in a Bankruptcy Code § 363 sale of the “Windstar” cruise line, the filing of the debtors’ bankruptcy cases and in related matters and transactions related to the pending bankruptcy cases.
- Successfully represented defendants in adversary litigation arising out of the Chapter 11 bankruptcy proceedings of Smith Street Realty, Inc. and several related entities. The dispute settled favorably for defendants after briefing on motions to dismiss the adversary complaints.
- Represented multiple hotel property owners and managers in financing and refinancing/restructuring and related matters.
- Represented the Official Committee of Equity Security Holders of Calpine Corporation in the Debtors’ Chapter 11 Bankruptcy Cases.
J.D., Brooklyn Law School
B.S., Boston University
magna cum laude
Central District of California
Bankruptcy Court, Central District of California
State Bar of New York
Southern District of New York
Eastern District of New York
Bankruptcy Court, Southern District of New York
Co-Chair of Turnaround Management Association’s Southern California Chapter of NOW, 2018-2020
Board of Trustees, 2016-2018, Turnaround Management Association
Association for Corporate Growth
American Bankruptcy Institute
Past Board Member, 2014, International Women's Insolvency & Restructuring Confederation (Southern California Chapter)
Past Secretary, The Association of the Bar of the City of New York, Committee on Bankruptcy & Corporate Reorganization
- American Bankruptcy Institute's Mid-Level Professional Development Program: Navigating Hospitality Insolvencies
- COVID Relief Bill: Changes to the Paycheck Protection Program and New Lending Terms
- Expansion of the Main Street Lending Program to Nonprofit Organizations
- Current Trends in COVID-19 Fraud Enforcement
- Billions in Relief Funding Added via Paycheck Protection Program and Health Care Enhancement Act, While SBA Cautions Economic Necessity Certification Requires Careful Analysis