People

George W. Shuster, Jr.

Partner

Shuster Jr., George W.

George Shuster's practice focuses on the areas of bankruptcy, insolvency risk mitigation, out-of-court restructurings and debt finance transactions. With his extensive experience and knowledge of a wide range of transactions, Mr. Shuster is able to successfully represent and counsel a variety of clients, including public and private technology companies, real estate developers, manufacturers, financial organizations and many other businesses.

Mr. Shuster represents creditors, lenders, bondholders, borrowers and debtors in finance, Uniform Commercial Code (UCC), bankruptcy and financial restructuring transactions and related litigation. He has particular experience in mitigating insolvency risk in intellectual property transactions and in cross-border insolvency.

Honors & Awards

  • Named to M&A Advisor's “40 Under 40” list in 2013, recognizing the leading M&A, financing and turnaround professionals.
  • Recognized as a Massachusetts leader in the Bankruptcy/Restructuring field in the 2010 and 2011 editions of Chambers USA: America's Leading Lawyers for Business 
  • Named a "Massachusetts Super Lawyers' Rising Star" in the bankruptcy and workout area in the 2005, 2006, 2007, 2010, 2011 and 2012 issues of Boston Magazine. Named a "New England Super Lawyer" (formerly Massachusetts Super Lawyer") in 2008, 2013, 2014, 2015 and 2016.

Publications & News

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August 7, 2017

Time Is Money: Historical Strip Prices and Valuation in Oil & Gas Bankruptcies

Timing is key to valuation of all types and in all contexts. But in bankruptcy, valuation timing can take on heightened importance because a central element of bankruptcy involves distributing value as of a specific point in time.

June 8, 2017

Insolvency at Its Limits: What Management and Creditors of Insolvent LLCs and LPs Should Know About Fiduciary Duties Waivers and Standing, Inside and Outside of Bankruptcy

Delaware law allows members and partners of limited liability companies and limited partnerships to waive the fiduciary duties of their management in their LLC or LP agreements. This WilmerHale Client Alert was republished in Pratt's Journal of Bankruptcy Law.

May 5, 2017

Upside Down in Chapter 15

An article by George Shuster and Benjamin Loveland, published by the American Bankruptcy Institute Journal, delving into the question: Can US Entities Qualify as “Foreign” Debtors in the US?

February 15, 2017

WilmerHale Among Recipients of The M&A Advisor's Restructuring Community Impact Deal of the Year Award

The M&A Advisor's 11th Annual Turnaround Awards honors WilmerHale as a recipient of the Restructuring Community Impact Deal of the Year Award for the firm's work on the restructuring of Jumio, Inc.

May 9, 2016

Cross-Border, Cross-Debtor, Multi-Debtor Issues in Proceedings

In this article published in the American Bankruptcy Institute Journal, Vol. XXXV, No. 5, George Shuster and Benjamin Loveland explore cross-border cases, which can present complex problems between the debtor and its creditors, and the complexities in the relationships among international debtors from the same corporate family.

December 7, 2015

Will Chapter 15 be the ""Exclusive Destination" for Foreign Debtors?

In this article published in the American Bankruptcy Institute Journal, Vol. XXXIV, No. 12, George Shuster and Benjamin Loveland explore the US Bankruptcy Court for the District of Delaware's recent decision in Northshore Mainland Services Inc., et al.—regarding the Baha Mar resort in The Bahamas—which appears to take an additional step toward a regime in which, for at least some foreign debtors, chapter 15 cases may be not just an option, but the exclusive type of US bankruptcy protection available.

October 7, 2014

A “Second Bite” from the Second Circuit: Revisiting Section 363 Review of Transfers in Chapter 15 Bankruptcy Cases

A WilmerHale Client Alert by George Shuster and Benjamin Loveland, which also appeared in Law360’s Bankruptcy and New York Guest Expert Analysis Column.

August 5, 2014

Can Chapter 15 be an Ally to Bondholders in Foreign Insolvency Cases?

An article written by George Shuster and Benjamin Loveland, published in the American Bankruptcy Institute Journal, Vol. XXXIII, No. 8, August 2014.

January 30, 2014

Cross-Border Bankruptcy in 2013: 10 Decisions Shaping Chapter 15

Chapter 15 of the US Bankruptcy Code, addressing cross-border bankruptcy cases, is fewer than 10 years old, but the cumulative volume of Chapter 15 cases has become substantial. In 2013 alone, 38 Chapter 15 cases (or groups of related cases) were filed.

December 19, 2013

In re Qimonda AG: Fourth Circuit Upholds US Patent Licensee Protections in Chapter 15 Cross-Border Bankruptcy Case

The Fourth Circuit found that the US Bankruptcy Court was correct in considering the rights of Qimonda's licensees in that balance, and in holding that protecting licensee rights under Section 365(n) was a necessary part of allowing the Qimonda foreign representative to proceed with its Chapter 15 case.

Recent Highlights

Bankruptcy & Financial Restructuring:

  • Representation of a real estate joint venture partner and lender in connection with a multi-party workout and settlement of co-partner debt and litigation issues 
  • Representation of the first-lien agent in Chapter 11 case of Digital Domain Media Group
  • Representation of noteholders in dismissal of subordination claims brought by Pelikan Technologies Chapter 7 trustee
  • Representation of parties in interest in Chapter 15 cases of Elpida Semiconductor, Upper Deck International and Fairfield Funds
  • Representation of Eastman Kodak Company in the Chapter 11 Section 363 sale of its patents
  • Representation of a major bondholder in the American Airlines Chapter 11 case
  • Representation of a major technology company in its bid for the patent portfolio of Nortel Networks in its Chapter 11 Section 363 sale
  • Representation of an investment fund in its bid for the real estate portfolio of Innkeepers USA Trust in its Chapter 11 Section 363 sale
  • Representation of an energy services company in its stalking horse bid, and purchase of, for the assets of Energy and Power Solutions in its Chapter 11 Section 363 sale
  • Representation of the first lien agent in workout and Chapter 11 restructuring of commercial printing company Workflow Management 
  • Representation of trade vendors in distressed counterparty transactions and bankruptcies across the US and abroad
  • Representation of the trustee for several investment funds in connection with US bankruptcy and foreign insolvency proceedings of their prime brokers and affiliates

Debt Finance:

  • Representation of a real estate joint venture partner and lender in connection with an option and loan transaction 
  • Representation of a technology company in $500 million credit facility
  • Representation of a toy manufacturer and distributor in $500 million credit facility
  • Representation of a community lender in $25 million credit facility
  • Representation of a prepared food manufacturer in $28.5 million multi-party refinancing  
  • Representation of biotechnology company in $50 million credit facility

Pro Bono:

  • Representation of private foundation in successfully obtaining purchase of defunct Rocky Point Amusement Park as a new 124-acre waterfront Rhode Island state park
  • Representation of Mozambique Safari park operator in various financing transactions
  • Representation of 80-year-old, New Hampshire, family-owned boarding inn in successful Chapter 11 case and related fraudulent transfer litigation
  • Representation of Georgia farmer in successful reply to US Supreme Court petition seeking recovery of disaster relief proceeds
  • Representation of Massachusetts consumer debtor in Chapter 7 case and as amicus curiae in related US Supreme Court litigation

Professional Activities

  • Member, Law360's Bankruptcy Editorial Advisory Board

Practices

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Education

JD, University of Virginia School of Law, 2000

BA, summa cum laude, Columbia University, 1997, Phi Beta Kappa

Bar Admissions

Massachusetts

New York

United States Supreme Court

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