Bankruptcy and Financial Restructuring TRANSACTIONAL

From billion-dollar fraudulent transfer litigation and appellate resolution of cutting-edge bankruptcy issues to multi-national Chapter 11 restructurings, WilmerHale has been at the forefront of complex financial restructuring and bankruptcy litigation and policy matters for decades.


Legal issues in bankruptcy are often complex and evolve at a fast pace. Addressing these issues requires the persistence, focus and dedication of counsel with sophisticated legal skills in order to turn difficult financial issues into opportunities. Our lawyers have decades of experience advising clients in virtually all aspects of financial restructuring matters—both in and out of court—and in complex bankruptcy litigation, regulation and policy matters across the globe. We collaborate regularly with lawyers in the firm’s corporate, debt finance, securities, derivatives, real estate, tax, international trade, intellectual property, venture capital, regulatory, and insurance groups to advise clients and achieve successful results for them. We have unparalleled experience where bankruptcy and financial institutions issues intersect, and on matters where bankruptcy and intellectual property issues overlap.

Contacts

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Sigel, John

John D. Sigel

Chair, Bankruptcy and Financial Restructuring Practice Group

+1 617 526 6728 (t)

john.sigel@wilmerhale.com

Anker_Phil.jpg

Philip D. Anker

Vice Chair, Bankruptcy and Financial Restructuring Practice Group

+1 212 230 8890 (t)

philip.anker@wilmerhale.com

Goldman, Andrew N.

Andrew N. Goldman

Vice Chair, Bankruptcy and Financial Restructuring Practice Group

+1 212 230 8836 (t)

andrew.goldman@wilmerhale.com

Experience

Bankruptcy Litigation, Regulation and Policy

  • Defended a Fortune 20 company against a suit brought by a litigation trust on behalf of creditors of a former subsidiary in US District Court, related to the spinoff of the former subsidiary prior to its bankruptcy.
  • Tried and settled claims of the Getty Petroleum Marketing Inc. estate against multi-national defendant Lukoil, related to Lukoil’s spinoff of Getty, following the assignment of those claims to a liquidating trust through Getty’s confirmed Chapter 11 plan.
  • Represented a leading national mortgage servicer in connection with a number of disputes in bankruptcy courts across the country relating to the treatment of home mortgages in Chapter 13, and in connection with its residential mortgage business generally, helping the bank to navigate the evolving policy and regulatory regimes in that area.
  • Represented financial institutions in their defense of claims arising from the Lyondell and Tribune Company bankruptcies, related to the leveraged buyouts that preceded those bankruptcy filings, as well as other financial institutions in their defense of claims relating to the bankruptcies of Refco and the SPhinX Funds.
  • Represented the Loan Syndication and Trading Association as amicus curiae in the US Supreme Court RadLAX case, regarding the right of a secured creditor to credit bid its claim in bankruptcy, and the Securities Industry and Financial Markets Association as amicus curiae in a Second Circuit Madoff appeal, regarding the Bankruptcy Code’s safe-harbor provisions relating to securities contracts.

Financial Restructuring

  • Represented the Official Committee of Unsecured Creditors in the Chapter 11 cases of Getty Petroleum Marketing, Frontier Airlines, and Alamo/National Car Rental.
  • Represented lenders and bondholders in the restructurings and exchanges of Tribune, American Airlines, Bicent Power, RJ O’Brien, Inergy, ATA Holdings, Satmex and McLeod.
  • Represented the first-lien agents and DIP agents in the Chapter 11 cases of Digital Domain Media Group and Workflow Management.
  • Represented Constar, KB Toys, Kmart, and PSINet as debtors in their Chapter 11 restructurings, and the involuntary petitioners in the Chapter 11 filing for a Houston sports cable network.
  • Represented buyers and sellers in Section 363 sales in the bankruptcy cases of Kodak, Coach America, Nortel, BearingPoint and TLO, among others.

Publications & News

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April 5, 2013

WilmerHale Helps Rhode Island Transform Bankrupt Amusement Park into State Park

February 19, 2013

Six WilmerHale Attorneys Named by Best Lawyers as “Lawyer of the Year” in 2013

February 15, 2013

Jurisdictional Mix-and-Match: Vitro, Elpida and Fairfield Demonstrate the Uncertainties of Cross-Border Bankruptcy for US Bondholders and Buyers

February 13, 2013

Should Strategic Considerations Really Lead to a Finding of Bad Faith under § 1126(e)?: The Newly Accepted Analysis in Light of DISH Network v. DBSD

An article by James H. Millar, published by the Financial Advisors and Investment Banking Committee and appearing in ABI Committee News, Volume 10, Number 1.

December 10, 2012

Bankruptcy and Financial Restructuring Group: 2012 Recap

WilmerHale’s Bankruptcy and Financial Restructuring Group is pleased to report another successful year. Led by nine partners out of the firm’s New York, Boston, and Washington DC offices, the group presents a unique combination of litigation and transactional practices spanning the bankruptcy and financial restructuring landscape.

August 31, 2012

The 2013 Best Lawyers in America® List Includes 101 WilmerHale Lawyers

July 12, 2012

Who Needs Section 365(n)? New Seventh Circuit Decision Provides Licensees of Bankrupt Trademark Licensors Alternate Grounds for Protecting Their Rights

July 1, 2012

Fixing the Qualitech Problem by Revising § 365(h)

An article by James H. Millar, featured in the July edition of the American Bankruptcy Institute Journal.

June 7, 2012

Chambers USA 2012 Final Results Announced

June 1, 2012

RadLAX Gateway Hotel, LLC v. Amalgamated Bank: The Supreme Court Holds That Debtors Must Permit Credit-Bidding When Selling An Asset Free And Clear Of A Secured Creditor’s Lien Under A Chapter 11 Plan

Recognition

The excellence of WilmerHale’s Bankruptcy and Financial Restructuring practice consistently receives wide recognition in the professional press and throughout the business sector.

  • Business Week – Named WilmerHale as one of the nation’s "top bankruptcy shops”
  • Chambers USA: America's Leading Lawyers for Business – In 2013 and 2014, Chambers named our Bankruptcy/Restructuring practices among the top in Massachusetts and Washington DC, with sources saying our attorneys are "...just terrific in this space...very responsive and thoughtful" and "truly brilliant." Phil Anker, Craig Golblatt, Andrew Goldman, Dennis Jenkins and John Sigel were individually honored as leaders in the field.
  • Chambers USA: America's Leading Lawyers for Business – Acknowledged our "increasingly prominent" bankruptcy/restructuring practices in 2010-2013 with band one rankings, quoting sources as saying our team is "a top notch group of lawyers with great depth and breadth.” In the most recent edition, Craig Goldblatt, Andrew Goldman, Dennis Jenkins and John Sigel were individually honored as leaders in the field. The department has received top rankings in Chambers USA every year since 2004.
  • U.S. News - Best Lawyers® – In the 2010-2014 "Best Law Firms" rankings, the firm was honored with first-tier national rankings in Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, as well as first-tier metropolitan rankings in that same category in Boston, Washington DC and New York. The firm is also recognized with second-tier national rankings in Banking and Finance Law.
  • Best Lawyers in America – Recognized nearly 100 partners, naming nine "Lawyer of the Year" for2015. In 2012 and 2013, Best Lawyers named William Perlstein as the Washington DC "Bankruptcy Lawyer of the Year" and named six other WilmerHale attorneys as "Lawyers of the Year" in their respective areas of practice.
  • The Best Lawyers in America – Ranked WilmerHale in 2010-2014 number one for Bankruptcy and Creditor-Debtor Rights Law in Boston and Massachusetts and also recognized Phil Anker, Bill Perlstein and John Sigel for their bankruptcy practices.
  • The Legal 500 United States – In the 2009 edition, WilmerHale was recognized for bankruptcy in the Northeast and also identified John Sigel as a leader in this practice area.
  • Washington Business Journal – In 2008, WilmerHale Partner Craig Goldblatt was named a "Top Lawyer" for his outstanding knowledge and experience in the area of Bankruptcy
  • American College of Bankruptcy – Partners Paul Daley, William Perlstein and John Sigel are fellows of the American College of Bankruptcy