Moore & Van Allen Law Firm, Attorneys
Practice Areas
Languages
  • Spanish
  • B.A., University of North Carolina at Chapel Hill, 2005, with highest distinction; Phi Beta Kappa
  • J.D., University of North Carolina at Chapel Hill, 2008, with honors; Davis Society; President, Student Bar Association
  • North Carolina, 2008
  • All Federal Courts in North Carolina
  • Federal Court for Puerto Rico
  • U.S. Court of Appeals, Fourth Circuit
  • Supreme Court of the United States
100 North Tryon Street
Suite 4700
Charlotte, NC 28202-4003

Luis M. Lluberas

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Professional Affiliations

Luis Lluberas advises banks, other financial institutions, corporate entities and individuals in restructuring matters, both in and out of court, with an emphasis on representing lenders in connection with the collection and/or restructure of indebtedness. He has diverse experience addressing and, when necessary, litigating issues arising in a wide variety of distressed situations. Significant experience includes: large corporate chapter 11 proceedings; workout transactions involving single lender and syndicated credit facilities; acquisition of assets out of bankruptcy proceedings; real estate foreclosures; and state court receiverships.

Bankruptcy Representations

  • State court-appointed receiver excused from turnover requirements of 11 U.S.C. § 543 in chapter 11 bankruptcy proceedings of a multi-site food processing and distribution company. Bankruptcy proceedings concluded with the simultaneous consummation of a sale of substantially all of the debtor’s assets pursuant to 11 U.S.C. § 363 and a consensual structured dismissal. Transaction honored by Turnaround Management Association as the “Turnaround of the Year: Small Company” for 2015. In re Bost Distributing Co. (E.D.N.C.).
  • Secured lender owed approximately $12 million in two single asset real estate chapter 11 bankruptcy proceedings relating to a residential apartment complex.  In re BCAC, LLC (M.D.N.C.).
  • Indenture trustee for loan participants that extended over $150 million in leveraged lease equipment financing in connection with lease to semiconductor manufacturer.  In re Qimonda Richmond, LLC (Del.).
  • Owner participant for multiple aircraft in connection with regional airline’s chapter 11 proceedings.  In re Mesa Air Group, Inc. (S.D.N.Y.).
  • Administrative agent for a senior secured credit facility to real estate developer that emerged from chapter 11 with a confirmed plan negotiated with, and supported by, the senior lenders.  In re Mercedes Homes, Inc. (S.D. Fla.).
  • Creditors defending preference and fraudulent transfer actions.  Representations of note include: BH S&B Holdings LLC (S.D.N.Y.); Circuit City Stores, Inc. (E.D. Va.); Exide Technologies (Del.); Furniture Brands International, Inc. (Del.) and Nortel Networks Inc. (Del.).

Reported Decisions

  • $1.6 million sanctions award entered by a federal district court in favor of client for debtor’s litigation misconduct held to not be dischargeable debt on account of having arisen from the debtor’s commission of a willful and malicious injury.  Metro. Health Corp. v. Scott (In re Scott), 2011 Bankr. LEXIS 504 (Bankr. E.D.N.C. Feb. 17, 2011), aff’d, 2013 U.S. Dist. LEXIS 124940 (E.D.N.C. Aug. 23, 2013), aff’d, 564 Fed. Appx. 698 (4th Cir. 2014) (per curiam), cert. denied, 2014 U.S. LEXIS 7480 (Nov. 10, 2014).
  • Ruling in favor of two landlord clients denying debtor’s attempt to use the date on which the debtor had provided ex parte notice of rejection of the underlying lease agreements as the effective date of rejection.  In re Carolina Sleep Shoppe, LLC, 2014 Bankr. LEXIS 1226 (Bankr. W.D.N.C. March 31, 2014).

Restructuring and Workout Representations

  • Administrative agent for a senior secured credit facility in connection with the orderly liquidation of a regional food vending company, which included the disposition of substantially all of the company’s assets pursuant to 11 simultaneously-conducted sales under Article 9 of the Uniform Commercial Code.
  • Administrative agent for a senior secured credit facility to a consumer products company distributing household products nationwide.
  • Administrative agent for a senior secured credit facility in connection with a debt-for-equity restructuring of a company in the building products industry.
  • Administrative agent for a senior subordinated credit facility in connection with a debt-for-equity restructuring of a customs logistics company.
  • Senior secured lender in connection with the wind-down and liquidation of a retail furniture company, which included the coordination of going out of business sales, mitigation of merchant processing exposure and various transactions involving deeds in lieu of foreclosure.
  • Secured lender in restructure of over $30 million in loans extended to several affiliated real estate developers.
  • Secured lender in connection with restructure of $2 million loan guaranteed by the U.S. Small Business Administration extended to a company in the hospitality industry.
  • Individual investor in orderly liquidation of $55 million of multi-state secured real estate investments.

PUBLICATIONS and speaking engagements

Of Note

  • Fluent in Spanish
  • Honoree, "Turnaround of the Year: Small Company - Bost Distributing Co.," Turnaround Management Association, 2015
  • Rising Star (Bankruptcy: Business), North Carolina Super Lawyers magazine, 2014-2017
  • Class 36, Leadership Charlotte
  • Member, Board of Directors, Crohn’s & Colitis Foundation of America Carolinas Chapter
  • Volunteer Hearing Officer, The Charlotte Housing Authority

Professional Affiliations

  • American Bankruptcy Institute
  • American Bar Association
  • North Carolina Bar Association
  • Turnaround Management Association