Gayle P. Ehrlich

Representative Client Work

Recent representative matters include:

• Global Energy Holding, Inc., et al: Represent affiliated diversified renewable energy companies in Chapter 11 cases pending in Delaware
• Nyer Medical Group, Inc.: Corporate restructuring of publicly traded entity completed in consort with acquisition financing
• Lexington Precision Corp.: Represent Indenture Trustee in reorganization of auto parts and medical device supplier
• City of New Orleans: Represented the Council for the City of New Orleans in the Chapter 11 reorganization of the gas and electric utility serving the city following the devastation caused by Hurricane Katrina
• Global Service Group, LLC: Obtained dismissal of an action brought against a lender asserting liability under the theories of deepening insolvency, marshalling and equitable subordination
• Alterra Healthcare Corp.: Assisted a client in providing post-bankruptcy financing of approximately $70 million through mortgage and sale/leaseback arrangements on facilities in 10 states, and was heavily involved in the plan confirmation proceedings
• Integrated Health Services, Inc. / Mariner Post-Acute, Inc.: Assisted a client holding leasehold and mortgage interests in approximately 57 real properties located in 13 states, in entering into settlements whereby the properties were recovered and the debt resolved within a short time of each Chapter 11 filing
• CML Group, Inc. (parent of Nordic Track, Inc. and Smith & Hawken Ltd.): Represented the Official Committee of Unsecured Creditors in the Chapter 11 proceeding of CML Group, Inc., negotiated a participation in the sales proceeds of CML’s operating entities in order to maximize values and distributions to creditors

Recent representative published decisions include:

• In re Rickel Home Centers, Inc., 209 F.3d 291 (3d Cir. 2000), aff'g. 240 Bankr. 826 (D. Del. 1998)
• In re Global Service Group, LLC, 316 B.R. 451 (Bankr. S.D.N.Y. 2004)
• In re Integrated Health Servs., Inc., 307 B.R. 794 (Bankr. D. Del. 2004)

Bar & Court Admissions

• Massachusetts, 1985
• Rhode Island, 1986
• New York, 1986
• U.S. District Court, District of Massachusetts
• U.S. District Court, Southern District of New York
• U.S. District Court, Eastern District of New York
• U.S. Bankruptcy Court, Southern District of New York
• U.S. Appeals Court for the Third Circuit

Publications

• Pooling Expertise to Address Credit Crunch Fallout, The Journal of Corporate Renewal (July 2008)
• Managing Risk in a Turnaround Engagement, The Journal of Corporate Renewal (April 2008)
• Bankruptcies down, but experts say lull temporary, Boston Business Journal, Quoted (June 23, 2006)
• "Litigating in Bankruptcy Court," Litigation Counsel of America, Spring Conference (June 2007)
• Contributor to Protecting Assets from Creditors, Massachusetts Continuing Legal Education series (2001)
• "Avoidance and Recovery of Fraudulent Transfers (Or, All About Timing and Control)"
• "Directors and Officers Liability Insurance as it Relates to Bankruptcy," American Bankruptcy Institute Northeast Bankruptcy Conference (July 2001)
• "Prepackaged and Prenegotiated Plans of Reorganization," The Telecommunications Industry Bankruptcy and Workout Forum (September 1999)

Client Advisories

• Sullivan & Worcester LLP Represents Winning Client In Ruling That Secured Lender Is Not Liable For "Deepening Insolvency"

Speaking Engagements

• Moderator and Panelist, "Bankruptcy Issues – The End of the Road?," 2008 American College of Investment Counsel Annual Meeting and Education Conference (October 23 & 24, 2008)
• Moderator, "Accessing Financing in a Stressed Market," (June and October 2008)
• "The Turnaround Process,” SBA Lenders Roundtable (July 2008)
• Moderator, "Liability and Opportunity: The Strategic Uses of Commercial Insurance in Corporate Turnarounds," Turnaround Management Association of New England (May 2008)
• "Litigating in Bankruptcy Court," Litigation Counsel of America, Spring Conference (June 2007)
• Panelist, "When Two Worlds Collide: Bankruptcy and Divorce," American Bankruptcy Institute Northeast Bankruptcy Conference (July 2004)
• Panelist, "Directors and Officers Liability Insurance as it Relates to Bankruptcy," American Bankruptcy Institute Northeast Bankruptcy Conference (July 2001)
• Panelist, "Directors and Officers Liability Insurance as it Relates to Bankruptcy," Boston Bar Association Bankruptcy Section (March 2001)
• Panelist, Protecting Assets from Creditors, Massachusetts Continuing Legal Education Series
• Co-chair, "Bankruptcy Legislation and Other Hot Topics," Massachusetts Continuing Legal Education (2000)
• Panelist, The Telecommunications Industry Bankruptcy and Workout Forum (September 1999)

Awards & Honors

• Chambers USA, Leading Lawyer in Bankruptcy/Restructuring (2010)
• Massachusetts Super Lawyers (2004-2009)
• Charter Fellow, Litigation Counsel of America

Professional & Civic Activities

• At-large member elect, Executive Committee International Turnaround Management Association, 2010
• Chair, Corporate Governance Task Force, International Turnaround Management Association, 2009
• Corporate secretary and member, Executive Committee, International Turnaround Management Association, 2006-2008
• Nominations Committee, International Turnaround Management Association, 2008
• Board of Directors, International Turnaround Management Association, 2005-2009
• President, Northeast Chapter Turnaround Management Association, 2003-2005
• Board of Directors, Northeast Chapter Turnaround Management Association, 1998-2005

Education

• J.D., Cardozo School of Law, 1985
• B.A., Sarah Lawrence College, 1981