Brian F. Plunkett - Hackett Feinberg

Overview

Brian Plunkett’s practice is concentrated in commercial lending and commercial real estate finance. He has represented both lenders and borrowers in the following types of transactions:

Middle-market and lower middle-market loans of all types ranging in loan size from under $1.0MM individual term or revolving loan facilities up to multiple facility loans exceeding $75MM
Commercial and industrial loan transactions secured by all types of collateral including owner-occupied real estate
Commercial real estate lending transactions including mortgage term loans, construction loans of all types, subdivision and condominium loans, and 40B projects
Multi-lender syndicated deals and loan participations
Asset-based lending transactions
Equipment lending and leasing facilities
SBA-guaranteed Section 7(a), Section 504, and SBA Express lending transactions for national and local SBA lenders
Secured transactions involving investment accounts, equipment, accounts receivables, intellectual property, equity interests, motor vehicles, rolling stock, vessels, aircraft, liquor licenses, and tort and judgment claims
Documentation and negotiation of intercreditor and subordinated debt agreement including: franchise lending, commercial lease finance transactions, Search Fund lending and private equity sponsored deals, and financing for merger and acquisition transactions

Brian’s practice has always included an extensive creditor’s rights, loan workout, and liquidation component. Brian has had extensive experience since the recession of the early 1990s in representing lenders in loan workouts, troubled debt restructures, mortgage foreclosures, UCC secured party sales, deeds in lieu of foreclosures, and pre-bankruptcy analysis. He continues to represent lenders in troubled loan matters from the initial default stage to final liquidation of collateral or the resolution/restructure of indebtedness.

Brian also assists individual and corporate clients in business transactions and commercial real estate matters including the documentation of business asset purchase agreements, purchase contracts for the sale of real property, and commercial leasing.

Brian has previously represented lending institutions such as Bank of New England (and its successors RECOLL Management and the FDIC), Shawmut Bank, Bank of Boston, Baybank, USTrust, Fleet National Bank, and Sovereign Bank among others. He currently represents Citizens Bank, Eastern Bank, Rockland Trust, Brookline Bank, Santander Bank, TD Bank, M&T Bank, and various other community banking institutions in Massachusetts.

Originally from Newton, Massachusetts, Brian now spends time in both Marblehead and West Tisbury, Massachusetts.

Education

J.D., cum laude, University of Pennsylvania Law School, 1988
B.A., cum laude, Brown University, 1984

Admissions

Affiliations

Member, Boston Bar Association
Member, Massachusetts Bar Association
Member, Secured Finance Network
Member, Turn-Around Management Association
Member, Risk Management Association

Experience

Publications

Commenced the firm’s “Why Do We Care?” series of posts in April, 2020 that has covered the following topics:

Attorney Client Privilege – March, 2021
Automatic Stay in Bankruptcy – February, 2025
Bankruptcy waiver language in settlement agreements – September, 2020
Bond Reissuance issues – July, 2020
Bonded Receivables – September, 2020
Conflict Waivers – May, 2023
Consideration for Guaranties – April, 2022
Control Liability – April, 2021
“Crossing” provisions (i.e., Cross-default, cross-guarantee, cross-termination)- October, 2023
Death of a guarantor/obligor – July, 2021
Demand vs. Committed Lines of Credit – October, 2023
Demanding a Demand Loan- September, 2021
Disclaimers- why you should use them- February, 2021
Dragnet Clauses – March, 2022
E-Notes- should a lender accept electronic signatures? – August, 2022
Equity Pledges- June, 2024
Forbearance Agreements – May, 2020
Forbearance Agreements Vs. Loan Modification Agreements – July, 2024
Fraud by a Borrower – February, 2021
Ground lease mortgage financing – October, 2022
Guaranties -Key Provisions- May, 2022
Joint vs. Several Guaranties – November, 2021
Landlord Waivers – April, 2020
Legal Opinions by Borrower’s Counsel- March, 2023
Lender Liability -Leading a Borrower down the “Primrose Path” – July, 2020
Leveraged Buy-Outs – November, 2022
“MAC” clause – October, 2020
Mortgagee in Possession – March, 2024
Mortgage Foreclosures – November, 2024
Motor Vehicle liens- how to perfect – May, 2021
Name Changes by a Borrower – November, 2020
Non-Recourse Guaranties – August, 2021
Notary Clauses – December, 2023
Payoff Letters – March, 2021
Possession of Collateral – August, 2020
Pre-Judgment Remedies – December, 2022
Privacy Concerns- March, 2021
Purchase-Money Security Interests, 2024
Right of Setoff by Lender – August, 2020
Secured Party Sales – July, 2022
SNDAs and why they matter- November, 2020
Subordination Agreements for junior creditors – June, 2020
Swap Breakage – December, 2020
Term sheets vs. Commitment Letters – November, 2021
Title Insurance for a lender – September, 2020
Turnaround Consultants – July, 2020
Waivers of Financial Covenants – June, 2023
Workout Consultants – April, 2023
Zoning opinions vs. Zoning Endorsements – January, 2022