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Overview

Whitney is a Partner in the Corporate Services Department of Bingham Greenebaum Doll LLP focusing her practice on all aspects of financing and secured transactions, real estate, workouts and reorganizations, acquisitions and general business advisory matters. Whitney is experienced in drafting and negotiating loan documents for real estate and business loans. She has provided counsel in real estate and business acquisitions of privately-held entities, including due diligence, contract review, title issues, dissenters' rights, and the negotiation and documentation of stock and asset purchase agreements. Whitney has extensive experience and expertise in Uniform Commercial Code matters as well written counsel opinions for loan transactions. Whitney also specializes in out-of-court business sales and liquidations, commercial foreclosures, receiverships, Chapter 11 bankruptcy, and adversary proceedings.

Career Highlights

Representative Cases and Achievements

  • Successfully argued the Indiana Supreme Court case, Claybridge Homeowners Association, Inc. v. Deborah Walton, et al., Case No. 29S02-1504-MF-188 (2015).
  • Defended a highly contested lender liability claim brought by a developer against co-lenders in federal court related to a $50 million mortgage loan facility secured by commercial real estate.
  • Advised special servicer of duties and powers under pooling and servicing agreement, filed foreclosure action in state court, obtained the appointment of a contested receiver and negotiated and documented the settlement of a $36 million loan secured by five commercial retail centers in Indiana.
  • Represented both real property and entity receivers appointed over multi-family properties, commercial retail and business properties, and healthcare properties (e.g., nursing homes and assisting living facilities).
  • Represented indenture trustee in relation to a $15 million mortgage bond default for a not for profit entity that filed a chapter 11 bankruptcy.
  • Represented mortgage holders in numerous single asset chapter 11 bankruptcy cases and secured creditors and purchasers in sales under Section 363 of the Bankruptcy Code.

Awards

  • Selected for inclusion in The Best Lawyers in America®, 2011-2018, in the fields of Litigation - Bankruptcy; Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
  • Indiana Super Lawyers®, Bankruptcy: Business, 2014-2017
  • Recognized in Benchmark Litigation as a “Future Star,” 2015
  • Indiana Rising Stars®, 2009-2013 
  • Indianapolis Bar Foundation, Distinguished Fellow, 2008
  • Indianapolis Bar Foundation, Young Lawyer of the Year, 2007
  • Indianapolis Bar Association, Bar Leader Series III Graduate, 2001
  • Phi Beta Kappa

Affiliations

Professional Affiliations

  • Executive Women in Finance, Membership Committee, 2016
  • Indianapolis Bar Association, Commercial and Bankruptcy Law Section, Chair, 2016
  • Indianapolis Bar Association, Commercial and Bankruptcy Law Section, Executive Committee, 2009-2015
  • Indianapolis Bar Foundation, Board of Directors, 2009-2014
  • Leonard H. Opperman Chapter 11 Roundtable Seminar and Dinner, Chair, 2009 & 2010
  • Indianapolis Bar Association, Young Lawyer’s Division, Chair, 2008
  • State Bar Association, Member
  • American Bar Association, Member
  • Indiana Bankers Association, Member
  • Indiana Association of Corporate Renewal, Member

Community Involvement

Civic and Charitable Involvement

  • Indianapolis Bar Association, Legal Lines, Volunteer, 2004-2015
  • Ronald McDonald House, Volunteer, 2009-2014
  • Street Law, Volunteer, 2010
  • American Cancer Society, 2010 Coaches vs. Cancer Final Four Celebration Committee, 2009-2011
  • Leukemia & Lymphoma Society, Indiana Chapter, Board of Directors, 2007-2009
  • Ovar’Coming Together, Board of Directors, 2006
  • Thomas Carr Howe Community High School, Volunteer Coordinator, 2004-2006

Media

Contributions & Published Works

  • “Lenders Beware: Secured Party Held Accountable for Mistaken Release of Financing Statement Securing $1.5 Billion Loan”, Hoosier Banker, 2015
  • "W.R. Grace & Co. Finally Emerges?" 31-3 ABIJ 34, April 2012

News

Events

Presentations

  • “Lending Tales That Make You Go Hmmmm”, IBA Mega Conference, 2015
  • “Overview of the Report from the ABI Commission to Study the Reform of Chapter 11”, Steven H. Ancel Bankruptcy Institute, 2015
  • “Commercial Guarantees: Before and After Execution”, Real Estate Section of the Indianapolis Bar Association, 2015
  • “Jurisdiction, Venue, Intervention, and the Continuing Erosion of Bankruptcy Court Authority”, Steven H. Ancel Bankruptcy Institute, 2014
  • “When the Firm Goes Bankrupt”, Steven H. Ancel Bankruptcy Institute, 2013
  • “Lenders Beware – War Stories from Lenders’ Counsel”, Credit Union Seminar, 2012
  • "LLC Concepts in Bankruptcy", Leonard H. Opperman Chapter 11 Roundtable, 2012
  • "Small Business Debtor in Chapter 11", Steven H. Ancel Bankruptcy Institute, 2011
  • "Intersection of Bankruptcy and Other Areas of Law", Steven H. Ancel Bankruptcy Institute, 2010
  • "Bankruptcy Sales and Credit Bidding" (Speaker, 2010)
  • "Chapter 11 Plan Process", Steven H. Ancel Bankruptcy Institute, 2009
  • "Ethical Considerations Related to Authority to File and Source of Payment Scenarios", 2008
  • "Acquiring a Distressed Business", Indianapolis Bar Association, Business Section, 2007

Services

Industries

Indiana University, B.A., Psychology, with highest distinction, 1999
Indiana University Robert H. McKinney School of Law, J.D., cum laude, 2002

  • Indiana, 2002
    U.S. District Court, Northern District of Indiana, 2002
    U.S. District Court, Southern District of Indiana, 2002
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