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Jeanne P. Darcey

Partner

Jeanne P. Darcey is a partner in the Bankruptcy & Restructuring Group in the Boston office. Since beginning her practice in 1983, Ms. Darcey has had high-level and varied experience representing debtors, secured and unsecured creditors, indenture trustees and bondholders in out-of-court workouts, liquidations, creditor assignments and Chapter 11 proceedings. Ms. Darcey also advises clients acquiring assets out of bankruptcy, and with respect to structuring transactions, she often advises clients about litigation and other strategic alternatives involving high-yield or defaulted securities, and rights of licensors and licensees of intellectual property in bankruptcy.

Ms. Darcey lectures often on bankruptcy issues. In June, 2012 she presented "Restructuring of the Americas: Opportunities for Investment," at the American Bar Association Section of International Law meeting. In March, 2012 she spoke at the American Bar Association Section of Business Law Spring meeting on "Lessons Learned from Around the World – Recent Bondholder and Indenture Trustees issues from the U.S., Canada, U.K., France, Mexico and Beyond." Ms. Darcey has also lectured and moderated panels for The World Law Group, the Massachusetts Bar Association, the American Bankruptcy Institute and the International Women’s Insolvency & Restructuring Confederation.

Ms. Darcey served as the chair of the Corporate Restructuring and Bankruptcy Practice Group of the World Law Group for 2008 and 2009 and currently serves as co-chair for the Trust Indentures sub-committee of the American Bar Association's Business Bankruptcy Session. In addition, she served as vice-chair on the Boston Bar Association’s Task Force on Financial Literacy, a joint undertaking by Boston bankruptcy lawyers and the local bankruptcy judges. The task force develops and implements a multi-unit program for Massachusetts high school students, focusing on understanding personal finance, budgeting and credit card use and the consequences of credit card abuse. Ms. Darcey continues to participate in the program as a volunteer lecturer.

She also served on the First Circuit’s Merit Selection Panel with respect to the bankruptcy judgeship opening created by the retirement of Hon. Carol J. Kenner.

Representative Client Work

  • Representation of indenture trustees and holders of publicly held debt in many large Chapter 11 proceedings. Significant engagements include representing corporate trustees in their capacity as mortgagee, pass-through trustee, subordination agent or indenture trustee, in the Chapter 11 proceedings of Northwest Airlines and United Air Lines with respect to Section 1110 equipment, including enforcement of obligations under Section 1110 (a), repossession and foreclosure of collateral, restructuring of transactions, prosecution of, and distributions with respect to, claims. Significant involvement in claims litigation concerning the interplay among tax indemnity claims and stipulated loss value, and litigation with respect to equity squeeze provisions
  • Representation of indenture trustee in Chapter 15 case involving Vitro S.A.B. de C.V. and Vitro Packaging, and their concurrent concurso mercantiles proceedings pending in Monterrey, Mexico
  • Representation of indenture trustees and/or collateral agents in the Chapter 11 proceedings of Lehman Brothers, Station Casinos, Merisant, Visteon, Movie Gallery, House2Home, Peregrine Systems, Service Merchandise, Pillowtex Fieldcrest Cannon, Fruit of the Loom, Ames Department Stores, Casual Male, Converse, Stage Stores, Sterling Chemicals, Homeland Stores, Bradlees, Acme Metals and Costilla Energy
  • Representation of debtors in Chapter 11 proceedings in Boston, including the representation of a large, multiple-location restaurant franchise in Chapter 11
  • Representation of an international non-debtor subsidiary in Chapter 11 proceedings of ultimate corporate parent to protect rights of non-debtor subsidiary to intellectual property assets
  • Representation of secured creditors in leveraged lease financing transactions in the Chapter 11 proceedings of Hechinger, Color Tile and Montgomery Ward
  • Representation of purchasers of assets out of bankruptcy, including litigation on behalf of purchasers of leases in bankruptcy with respect to anti-assignment provisions and use restrictions

Bar & Court Admissions

  • Massachusetts, 1983
  • New York, 2012
  • U.S. District Court, District of Massachusetts
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Fifth Circuit

Client Advisories

Speaking Engagements

  • "Debtor Migration--Intercontinental, Inter-District and Back," ABI's 20th Annual Northeast Bankruptcy Conference, Newport, Rhode Island (July 11-14, 2013)
  • "Restructuring of the Americas: Opportunities for Investment," American Bar Association Section of International Law (June 14-16, 2012)
  • "Lessons Learned from Around the World – Recent Bondholder and Indenture Trustees issues from the U.S., Canada, U.K., France, Mexico and Beyond," American Bar Association, Business Law Spring Meeting (March 2012)
  • Getting the Case & Getting Employed: Ethics for the Debtor & Committee Professionals," Massachusetts Continuing Legal Education 13th Annual New England Bankruptcy Law 2011 Conference, Boston, Massachusetts (November 2011)
  • "21st Annual Bankruptcy Bench Meets Bar Conference," Boston Bar Association (May 26, 2011)
  • "Cutting Edge Issues in Bankruptcy Litigation," 2010 Annual American Bankruptcy Institute Spring Meeting, Washington, D.C. (May 2010)
  • "Employment Issues in Chapter 11," National Conference of Bankruptcy Judges (NCBJ) 83rd Annual Conference, Las Vegas, Nevada (October 2009)
  • "Getting to Confirmation," 11th Annual  Bankruptcy Law Conference 2009, Boston, Massachusetts (October 2009)
  • "International Insolvency Law Today: An Update for U.S. Multinationals," the World Law Group, Washington, D.C. (April 2009)
  • "Claims Trading in Aid of Hostile Takeovers in Bankruptcy or in Defense of a Plan of Reorganization (including Green Mail)," American Bankruptcy Institute’s Caribbean Insolvency Symposium, Grand Cayman (February 2009)
  • "Hot Topics in Claims Purchasing and Trading," ABI’s 15th Annual Northeast Bankruptcy Conference, Brewster, Massachusetts (July 2008)
  • "Protecting Your IP Assets in Bankruptcy," 9th Annual Bankruptcy Law Conference, Boston, Massachusetts (July 2008)
  • "The New Bankruptcy Code: Explanation & Outlook," (September 2005)

Awards & Honors

  • Best Lawyers in America (2010-2013)

Professional & Civic Activities

  • Co-Chair, Boston Bar Association, Bankruptcy Section
  • American Bar Association, Business Bankruptcy Section (Co-Chair, Trust Indentures Committee)
  • American Bankruptcy Institute
  • International Women’s Insolvency & Restructuring Confederation

Education

  • J.D., cum laude, Suffolk University Law School, 1983 
  • B.A., magna cum laude, Boston College, 1980
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