Bankruptcy and Restructuring
Bankruptcy and Restructuring
Protecting and enforcing creditors’ rights is the core of our nationally recognized practice.
A company’s financial distress challenges all of its relationships, including lenders, landlords, investors and vendors.  Creditors need clear guidance and practical advice to obtain the best outcome in a distressed situation, where time is tight and resources are scarce.

Kelley Drye’s bankruptcy team represents individual creditors, creditor committees, landlords, financial institutions and indenture trustees in out-of-court and court-supervised insolvency proceedings throughout the U.S. and foreign jurisdictions, crafting solutions in a variety of industries, including retail, energy, financial services, gaming, telecommunications, manufacturing, technology, chemical and steel.

We put ourselves in our clients’ shoes to understand their business objectives and develop tailor-made strategies to maximize recovery, minimize exposure and achieve successful results.  Although building consensus and negotiating practical solutions generates substantial savings, when necessary to advance our clients’ goals, we are always prepared to aggressively litigate the most complex bankruptcy disputes.

Our clients tell us that one of our greatest strengths is clear, direct communication with them and other stakeholders.  This allows us to set clear priorities, bring together diverse constituents and implement creative solutions to disputes that often arise in sophisticated restructurings.  Drawing on our colleagues in litigation, corporate, securities, real estate and tax, we provide a comprehensive, business focused approach to restructuring matters.

Clients turn to us time and again to guide them through all types of challenging insolvency matters.  Representative clients include:

  • Creditors’ Committees.  We are nationally recognized for our representation of official creditor committees in numerous industries, including retail, technology, food and beverage, energy, telecommunications and manufacturing.  Our recent creditor committee engagements include:  CEC Entertainment (food/beverage), NPC International (food/beverage), Medley (financial), In-Shape (consumer), BH Cosmetics (consumer), APDI (automotive), GT Advanced Technologies (manufacturing), The Collective Group (retail), True Religion (retail).

  • Retail Landlords.  For almost four decades, our team has represented landlords, owners and developers of shopping centers in virtually every retail bankruptcy case filed across the country.  Our team has confronted every issue that arises in a retail bankruptcy.  Deep industry expertise and established relationships with liquidators, consultants, asset based lenders and counsel to retail debtors enables us to facilitate prompt resolutions, maximize our clients’ ability to control their real estate and realize value from their transactions.  A selection of our recent experience in prominent retail cases includes 24 Hour Fitness, Alex & Ani, Ascena, Belk, Guitar Center, J.C. Penny, L’Occitane, Lord & Taylor, Neiman Marcus, Ruby Tuesday, Sears, Stage Stores and Tailored Brands.

  • Indenture Trustees.  Indenture trustees turn to us to protect their interests in multi-billion dollar, complex out-of-court restructurings and bankruptcies throughout the U.S. and around the world.  We represent indenture trustees in principal chapter 11 proceedings and related litigation across numerous industries.  A selection of our indenture trustee representations includes Intelsat (satellite), J.Crew (retail), Hexion (chemical), Orexigen (pharmaceutical), Whiting Petroleum (oil/gas), Caesars Entertainment (gaming/hospitality), iHeart Media (media), James River Coal (mining), Residential Capital (mortgage servicing),  and Sears (retail).

  • Trade Creditors.  Suppliers and service providers rely on us to protect their interests in chapter 11 cases nationwide.  From the first sign of distress, we help clients protect their rights under executory contracts, vigorously enforce postpetition payment rights, prosecute prepetition proofs of claim, and defend preference and fraudulent transfer litigation.

  • Post-Confirmation.  Our attorneys work with post-confirmation trustees and plan administrators to efficiently recover assets, liquidate and reconcile claims, pursue litigation, and distribute recoveries.  A selection of our recent post-confirmation work includes NPC International (food/beverage), Entrust (energy), Medley (financial), CEC Entertainment (food/beverage), FTD (retail), OneWeb (satellite), Ascena (retail).

 
 

Overview

Protecting and enforcing creditors’ rights is the core of our nationally recognized practice.
A company’s financial distress challenges all of its relationships, including lenders, landlords, investors and vendors.  Creditors need clear guidance and practical advice to obtain the best outcome in a distressed situation, where time is tight and resources are scarce.

Kelley Drye’s bankruptcy team represents individual creditors, creditor committees, landlords, financial institutions and indenture trustees in out-of-court and court-supervised insolvency proceedings throughout the U.S. and foreign jurisdictions, crafting solutions in a variety of industries, including retail, energy, financial services, gaming, telecommunications, manufacturing, technology, chemical and steel.

We put ourselves in our clients’ shoes to understand their business objectives and develop tailor-made strategies to maximize recovery, minimize exposure and achieve successful results.  Although building consensus and negotiating practical solutions generates substantial savings, when necessary to advance our clients’ goals, we are always prepared to aggressively litigate the most complex bankruptcy disputes.

Our clients tell us that one of our greatest strengths is clear, direct communication with them and other stakeholders.  This allows us to set clear priorities, bring together diverse constituents and implement creative solutions to disputes that often arise in sophisticated restructurings.  Drawing on our colleagues in litigation, corporate, securities, real estate and tax, we provide a comprehensive, business focused approach to restructuring matters.

Clients turn to us time and again to guide them through all types of challenging insolvency matters.  Representative clients include:

  • Creditors’ Committees.  We are nationally recognized for our representation of official creditor committees in numerous industries, including retail, technology, food and beverage, energy, telecommunications and manufacturing.  Our recent creditor committee engagements include:  CEC Entertainment (food/beverage), NPC International (food/beverage), Medley (financial), In-Shape (consumer), BH Cosmetics (consumer), APDI (automotive), GT Advanced Technologies (manufacturing), The Collective Group (retail), True Religion (retail).

  • Retail Landlords.  For almost four decades, our team has represented landlords, owners and developers of shopping centers in virtually every retail bankruptcy case filed across the country.  Our team has confronted every issue that arises in a retail bankruptcy.  Deep industry expertise and established relationships with liquidators, consultants, asset based lenders and counsel to retail debtors enables us to facilitate prompt resolutions, maximize our clients’ ability to control their real estate and realize value from their transactions.  A selection of our recent experience in prominent retail cases includes 24 Hour Fitness, Alex & Ani, Ascena, Belk, Guitar Center, J.C. Penny, L’Occitane, Lord & Taylor, Neiman Marcus, Ruby Tuesday, Sears, Stage Stores and Tailored Brands.

  • Indenture Trustees.  Indenture trustees turn to us to protect their interests in multi-billion dollar, complex out-of-court restructurings and bankruptcies throughout the U.S. and around the world.  We represent indenture trustees in principal chapter 11 proceedings and related litigation across numerous industries.  A selection of our indenture trustee representations includes Intelsat (satellite), J.Crew (retail), Hexion (chemical), Orexigen (pharmaceutical), Whiting Petroleum (oil/gas), Caesars Entertainment (gaming/hospitality), iHeart Media (media), James River Coal (mining), Residential Capital (mortgage servicing),  and Sears (retail).

  • Trade Creditors.  Suppliers and service providers rely on us to protect their interests in chapter 11 cases nationwide.  From the first sign of distress, we help clients protect their rights under executory contracts, vigorously enforce postpetition payment rights, prosecute prepetition proofs of claim, and defend preference and fraudulent transfer litigation.

  • Post-Confirmation.  Our attorneys work with post-confirmation trustees and plan administrators to efficiently recover assets, liquidate and reconcile claims, pursue litigation, and distribute recoveries.  A selection of our recent post-confirmation work includes NPC International (food/beverage), Entrust (energy), Medley (financial), CEC Entertainment (food/beverage), FTD (retail), OneWeb (satellite), Ascena (retail).

Partner
Email (212) 808-5087(212) 808-5087
Eric Wilson chairs the firm’s Bankruptcy and Restructuring group.  His practice is focused on protecting and enforcing creditors’ rights in the country’s largest bankruptcy c...
Partner
Email (212) 808-5056(212) 808-5056
Jason Adams has more than 20 years of experience helping clients navigate the world of large commercial bankruptcies.  Today, his practice focuses primarily on creditors’ rights, debt re...
Partner
Email (212) 808-7750(212) 808-7750
Pamela Bruzzese-Szczygiel focuses her practice on corporate and banking law matters.  Pamela was selected for inclusion in the 2013-2016 New York Metro Super Lawyers’ Rising Stars lists,...
Partner
Email (212) 808-7955(212) 808-7955
Jim Carr is Chair of Kelley Drye, a member of the Executive Committee, and previous Chair of the Bankruptcy and Restructuring practice (2005-2015).  Jim’s practice focuses on creditor re...
Partner
Email (212) 808-5089(212) 808-5089
Kristin Elliott focuses on business reorganizations, creditors’ rights and bankruptcy litigation.  She represents indenture trustees, creditors’ committees, liquidating trustees/pl...
Partner
Email (212) 808-7640(212) 808-7640
Bill Gyves focuses his national practice on the litigation, arbitration and mediation of complex business disputes.  For nearly three decades, Bill has represented clients from a diverse spect...
Partner
Email (212) 808-7573(212) 808-7573
For over 20 years Bob has been representing secured and unsecured creditors, landlords, asset purchasers, vendors, intellectual property licensors, creditors’ committees, lenders and trustees...
Partner
Email (212) 808-7768(212) 808-7768
A member of the firm’s Corporate practice, Joel Rublin focuses on contract matters, project development and finance, securities law and restructurings, with an emphasis on serving clients in ...
Special Counsel
Email (212) 808-7974(212) 808-7974
For more than three decades, Ben Feder has focused his practice on bankruptcy and restructuring matters.  He is appreciated by clients and colleagues alike for his extensive experience and leg...
Special Counsel
Email (212) 808-7813(212) 808-7813
Dana Kane advises on restructuring, bankruptcy and creditors’ rights.  She has represented liquidating trustees, major secured and unsecured creditors, creditors’ committees, debto...
Special Counsel
Email (212) 808-7911(212) 808-7911
Maeghan McLoughlin is special counsel in the firm’s bankruptcy practice.  Maeghan is experienced in all stages of the commercial bankruptcy process, having represented debtors-in-possess...
Special Counsel
Email (312) 857-2501(312) 857-2501
For over a decade, Jennifer Raviele has helped clients around the country navigate their rights in bankruptcy and restructuring proceedings in the U.S. and abroad.  In each situation, Jennifer...
Special Counsel
Email (212) 808-5160(212) 808-5160
Lauren Schlussel represents creditors’ committees in corporate reorganizations, restructurings and liquidations.  Lauren also has significant experience representing liquidating trustees...
Senior Associate
Email (212) 808-7945(212) 808-7945
Eloy Peral represents landlords, liquidating trustees, creditor committees, debtors, secured lenders, purchasers of distressed assets, and other interested parties in a wide range of complex bankru...
Senior Associate
Email (212) 808-7871(212) 808-7871
Ravi Vohra focuses his practice in corporate restructuring and insolvency matters.  He represents debtors, individual creditors, official committees and other creditor groups in a variety of m...
Senior Associate
Email (212) 808-7591(212) 808-7591
Philip Weintraub is a senior associate in the firm’s Bankruptcy and Restructuring practice group.  He has represented a variety of creditors in both chapter 11 bankruptcy proceedings and...
Senior Associate
Email (212) 808-7612(212) 808-7612
Sean Wilson represents various debtors, creditors, ad hoc groups, and unsecured creditors' committees in large complex chapter 11 bankruptcy reorganizations and creditors’ rights.  S...
Associate
Email (212) 808-7891(212) 808-7891
Ryan Bolger is an associate in the Bankruptcy and Restructuring practice group in the firm’s New York office.  Ryan represents unsecured creditors' committees, individual creditors, ...
Associate
Email (212) 808-7763(212) 808-7763
Connie Choe is an associate in the Bankruptcy and Restructuring practice group in the firm’s New York office and represents unsecured creditors' committees, individual creditors, indentur...