Richard E. Lear practices primarily in the litigation area emphasizing insolvency, Chapter 11, and creditors’ rights and bankruptcy issues. For nearly 25 years, Mr. Lear has served as counsel for institutional lenders, franchisors, leasing companies, and landlords in connection with individual and business Chapter 11 cases and in workouts. He has also counseled clients regarding the effect of bankruptcy and insolvency on proposed bond refundings, conventional loan refinancings and other transactions. He also has substantial experience advising clients with respect to transactional insolvency issues, such as bankruptcy-remote structures, substantive consolidation, true sales, preference and fraudulent transfer analysis and with drafting and reviewing reasoned legal opinions on bankruptcy issues, including in connection with the securitization of financial assets.
Mr. Lear has lectured on several occasions on bankruptcy issues at various seminars sponsored by local, regional, and state bar associations.
Mr. Lear's reported decisions include:
- Robbins v. Chase Manhattan Bank, N. A. (In re Robbins), 1994 WL 149597 (W. D. Va. 1994)
- Robbins v. Chase Manhattan Bank, N.A. (In re Robbins), 1993 WL 310632 (W.D. Va. 1993)
- Consolidated Rail Corporation v. Dicello (In re Delaware & Hudson Railway Co.), 121 B. R. 406 (Sp. Ct. R. R. R. A. 1990)
- In re Fay Assocs. L. P., 225 B.R. 1 (Bankr. D. D. C. 1998)
- In re 1560 Wilson Blvd. L. P., 206 B. R. 819 (Bankr. E.D. Va. 1996)
- In re 1550 Wilson Blvd. L. P., 206 B. R. 812 (Bankr. E.D. Va. 1996)
Over the past 20 years, Mr. Lear has authored numerous articles and seminar outlines addressing bankruptcy issues. He also founded in 1998 and is the editor of, and a regular contributor to, the Holland & Knight national Bankruptcy and Creditors' Rights newsletter.
Mr. Lear served as law clerk to The Honorable Martin V. B. Bostetter, Jr., Chief Judge, United States Bankruptcy Court for the Eastern District of Virginia from 1983-85.