People > Office: Grand Rapids

Mary Kay has a diverse practice focusing on public finance, corporate finance and creditors’ rights issues. In the area of municipal finance, she advises clients on tax-exempt financing issues, establishing special taxing districts, election procedures and “blue sky” law issues, and acts as bond counsel, underwriter’s counsel, bank’s counsel and issuer’s counsel in various tax-exempt and taxable bond transactions. These financings include general obligation (limited and unlimited tax) bonds, revenue bonds, capital improvement bonds, special assessment bonds, tax increment financing bonds, refunding bonds, installment purchase agreements, tax anticipation notes and state aid anticipation notes. Mary Kay represents all types of entities, including cities, townships, villages, district libraries, downtown development authorities, public schools, charter schools, community colleges and hospitals.

Mary Kay’s corporate finance practice includes advising clients on working capital loans, asset-based lending loans, equipment lease transactions and Article 9 issues. This practice involves single lender transactions, syndicated transactions and transactions for diverse industries, such as the trucking, food packaging and automotive industries. Mary Kay also acts as local counsel for transactions needing opinions relating to Michigan perfection issues. Mary Kay has extensive experience advising clients on the Paycheck Protection Program provided for under the CARES Act. In addition to guiding numerous clients through the process, she has written extensively and served as a media source on this program and its implementation.

Mary Kay’s creditors’ rights practice includes advising clients on issues relating to distressed customers and customers who have filed bankruptcy. This involves advising clients on rights prior to a customer filing bankruptcy, such as demands for adequate assurances, reclamation demands and refusal of delivery, except for cash and tooling liens under Michigan law. It also involves advising client of rights and obligations once a customer files bankruptcy, such as the restrictions of the automatic stay, rights of a debtor to assume or reject an executory contract, treatment under a plan of reorganization and treatment under critical vendor motions and Section 503(b)(9) motions. A significant portion of Mary Kay’s practice in this area is spent assisting clients in defending preference claims. Mary Kay has handled over 250 preference matters.