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Wendi Alper-Pressman

Wendi Alper-Pressman’s principal focus is on the representation of both borrowers and lenders in connection with construction financing, asset based loan facilities and commercial real estate loans. Most recently, Wendi has represented law firms in connection with negotiating and structuring of litigation finance transactions and prepared non-consolidation opinions for special purpose entities in securitized loan facilities.  

She has represented developers, business owners, regional banks, national banks, community banks and finance companies in loan workouts and restructurings, forbearance agreements, foreclosures, bankruptcy proceedings, enforcement actions, lender liability and other litigation. Wendi’s bankruptcy experience ranges from the preparation of routine filings on behalf of unsecured creditors to the development and implementation of sophisticated strategies on behalf of secured creditors, equipment lessors, landlords and official unsecured creditors’ committees, including retiree committees. She has represented purchasers of distressed assets both in and outside of bankruptcy proceedings, and has litigated dischargeability complaints, preferences and fraudulent conveyance actions, issues relating to the allowance of claims, validity of liens and executory contracts.

Representative Experience

Transactional

  • Represented regional bank in negotiation and documentation of construction loans, tax equity bridge financings, asset-based lending facilities and acquisition loans totaling more than $100,000,000.
  • Represented national bank in connection with negotiation and documentation of rail car financing facility with a total commitment in excess of $20,000,000.
  • Represented national bank in loan syndication totaling $500,000,000. 
  • Represented borrower entities in connection with negotiation and closing of credit facility aggregating $85,000,000 from senior and mezzanine lenders secured by collateral located in multiple jurisdictions.
  • Represented borrower law firm in the structuring and negotiation of a litigation finance revolving credit facility in the amount of $50,000,000.
  • Represented borrower law firm in the structuring and negotiation of a litigation finance term facility in the amount of $10,000,000 and associated intercreditor agreement with law firm’s primary lender.
  • Represented borrower entity in successful work-out of $65,000,000 revolving credit facility, and the subsequent asset sale resulting in full payment to creditors and significant distribution to shareholders.

Litigation

  • Represented national bank in securing summary judgment on borrower’s claims for breach of contract, breach of fiduciary duty, breach of duty of good faith and fair dealing; and secured judgment against borrower and guarantor for full balance due under the notes, recovering in excess of $16,000,000 through the disposition of collateral.
  • Represented regional bank in federal court receivership, as well as the disposition of real estate collateral in four states, the proceeds of which exceeded $20,000,000.
  • Represented national bank in connection with enforcement of its rights as a loan participant in a $120,000,000 revolving credit facility to a home builder.
  • Represented retail installment lender in the successful defense of putative class action asserting violations of the automatic stay and discharge injunctions.

Court Memberships

  • Missouri
  • Illinois
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Southern District of Illinois
  • U.S. District Court for the Eastern District of Missouri
  • U.S. District Court for the Western District of Missouri
  • U.S. Supreme Court

Honors

  • St. Louis Business Journal, "Influential Business Women," 2018
  • The Best Lawyers in America®, 2018 - 2019
  • Missouri & Kansas Super Lawyers,2012 - 2018; “Top 50 Women in Missouri & Kansas,” 2015 – 2016;  “Top 50 in St. Louis,” 2016
  • Journal of Urban and Contemporary Law, Associate Editor
  • Martindale-Hubbell® “AV” Rating

Professional Affiliations

  • Missouri Bar Association, Financial Services Committee, Inaugural Chair,  2015
  • Risk Management Association, Board of Directors, 2008-present; President, 2015
  • American Bankruptcy Institute, Member
  • International Women’s Insolvency and Restructuring Confederation, Member

Reported Decisions

  • Hartford Underwriters Ins. Co. v. Union Planters Bank, N.A., (In re: Hen House Interstate), 530 U.S. 1 (2000) (Associate counsel). Counsel to Hartford Underwriters Insurance Company in its effort to surcharge lenders collateral pursuant to 11 U.S.C. § 506(c) for unpaid workers compensation premiums in Chapter 11 proceeding, later converted to Chapter 7.
  • Lee v. N.F. Investments, 2000 U.S. Dist. LEXIS 20712 (2000). Co-Counsel to mortgage broker in defense of class action litigation alleging an illegal yield-spread premium under RESPA. The District Court denied class certification and granted summary judgment in favor of the broker. This was the first court decision which distinguished between fees permitted for subprime and conforming loans. 

Publications

  • Contributing Author, Missouri Creditors Remedies, Sixth Edition, Missouri Bar Publications, Fall 2009
  • Contributing Author, Missouri Bankruptcy Practice, Second Edition, Missouri Bar Publications, Fall 2007
  • Contributing Author and Faculty Member, Bankruptcy in Missouri – Lorman Education Services, Spring 2001
  • Contributing Author, Missouri Creditors Remedies, Fifth Edition, Missouri Bar Publications, Spring 1999
  • Co-author, Eighth Circuit Schedules Rare En Banc Double Header on Jurisdiction and Collateral Surcharge Issues, Norton Bankruptcy Law Advisor, West Group, October 1998 

Presentations

  • Speaker, Legal Issues and Regulatory Changes, Risk Management Association, St. Louis Chapter, January 2015
  • Speaker, Legal Panel Litigation Update, Risk Management Association, St. Louis Chapter, January 2014
  • Speaker, Receiverships as Alternatives to Liquidation or Chapter 11, Issues, Trends & Perspectives in Commercial Law, MoBarCLE, August, 2010
  • Speaker, Your Customer Files or Is About to File Chapter 11 Bankruptcy: What Do You Do and What Will Happen?, ACC - St. Louis Chapter, March 26, 2009
  • Faculty Member, Missouri Bar, Annual Bankruptcy Institute, Spring 2000
  • Faculty Member and Contributing Author, Bankruptcy for Non-Bankruptcy Lawyers, Bar Association of Metropolitan St. Louis, 1998
  • Faculty Member and Contributing Author, Collecting Judgments in Missouri, National Business Institute, 1992
  • Faculty Member and Contributing Author, Problem Collections, National Business Institute, 1990
Photo of Wendi  Alper-Pressman
  • St. Louis

    7701 Forsyth Boulevard
    Suite 500
    Clayton, MO 63105
  • Chicago

    155 North Wacker Drive
    Suite 3000
    Chicago, IL 60606-1787
F: 314.613.2801

Assistant

Julie Buchheit
314.613.2567

Education

Washington University School of Law, J.D., 1985

Vanderbilt University, B.A., 1982