Woods Oviatt Gilman

Profile

At a Glance

John K. McAndrew is a Partner in the firm of Woods Oviatt Gilman LLP and serves as the Chair of the firm's Creditor Rights and Financial Recovery Department. Mr. McAndrew represents clients in workouts, commercial foreclosures, bankruptcy proceedings, and commercial litigation. Mr. McAndrew has over 30 years of experience with New York State's complex laws governing commercial foreclosure actions, receiverships, and related matters. He represents banks, special servicers for CMBS Trusts, private equity lenders and others throughout New York State. Mr. McAndrew also represents clients in loan sales, commercial litigation, bankruptcy litigation, receiverships, Article 9 sales, replevin actions, mechanics lien litigation and loan restructuring.

Honors

Presented on foreclosures, bankruptcy proceedings and workout strategies to the New York State and Monroe County Bar Associations, and to regional and national lending institutions.
Contributing author to Real Estate Titles, published by the NYSBA.

Practice Areas

Education

Cornell Law School, JD, with Concentration in Business Law & Regulation

Binghamton University, BA

Bar Admissions

Admitted to practice law in New York State courts, the United States District Courts for the Western and Northern Districts of New York, and the United States Bankruptcy Courts for the Western and Northern Districts of New York.

Key Representative Matters

Foreclosure and receivership of CMBS Trust loan portfolio secured by 13 parcels, including apartments, industrial, office and mixed use properties, resulting in Judgment of Foreclosure in excess of $100 million and interim distributions from Receiver of $1.5 million prior to sale and $3 million post sale.
Counsel to receiver in foreclosure of Walden Galleria Mall property.
Counsel to receiver in foreclosure of large student housing complex.
Foreclosure and receivership of private equity lender's $38 million construction loan secured by student housing project.
Dismissal of debtor's Chapter 11 bankruptcy case on grounds of bad faith filing.
Defeat of Chapter 11 bankruptcy plan confirmation and dismissal of case through control of secured and unsecured classes of creditors.
Successful resolution of creditor's title claim stemming from borrower claim of fraud.
Resolution of $4 million loan portfolio by deed in lieu of foreclosure, voluntary surrender of collateral and subsequent property and equipment auctions.
Multiple foreclosures and receiverships of CMBS Trust loans secured by hotel properties.
Foreclosure of $14 million construction loan secured by senior housing facility involving mechanics' lien litigation and receivership.
Foreclosure of private equity lender's $1.8 million construction loan secured by apartment complex.
Foreclosure and receivership of $5.2 million CMBS Trust loan secured by commercial shopping plaza.
Representation of client on purchase of commercial loan secured by two hotels and subsequent litigation related to foreclosure, receivership, bankruptcy and insurance loss claim.
$4 million matured loan obligation successfully resolved by loan sale and non-recourse assignment.