Pamela Smith Holleman

Representative Client Work

• Counseled the independent system operator for the New England electric grid in the bankruptcy cases of Calpine Corporation and its affiliates, owners and operators of power generation facilities and marketers of electricity throughout North America. Working closely with our Energy Practice Group, negotiated a successful settlement of disputes with the debtors and a bondholder group that purchased the debtors’ interests in power plants generating 500 megawatts of capacity, ensuring the continued availability of resources critically important to the sufficiency of power generation and continuing reliability of the New England electric power system during the peak summer load season in 2006.
• Advised the operating partnership subsidiary of a publicly held real estate investment trust (REIT) in the creation of fourteen special purpose “bankruptcy remote” subsidiaries to facilitate bank financing and acquisition of a portfolio of seven hotels and related franchises in a transaction valued at approximately $170 million.
• Guided national office supply chain in successfully resolving legal issues arising from proposed assignment and sale or rejection of various shopping center leasehold interests in Delaware bankruptcy case of regional retailer.
• Representing the purchaser, negotiated settlement of multimillion dollar dispute arising from bankruptcy sale of worldwide intellectual property rights and international assets of a multinational management consulting firm, bringing to closure a lengthy list of matters on four continents.
• Obtained favorable monetary settlement from bankruptcy estates of defendant and its multinational affiliates for U.K. plaintiff that had commenced prepetition patent infringement action involving voice recognition software technology; and, through successive asset sales, preserved plaintiff’s rights of action against each of the purchasers in the event of any future infringement.
• Advised real estate investment trust (REIT) client, which had provided approximately $70 million in bankruptcy finance to national healthcare provider, in contested Chapter 11 plan confirmation proceedings.
• Assisted founder and former Chairman of a high tech startup in obtaining disputed Directors and Officers liability insurance coverage to fund defense of litigation commenced by Chapter 7 trustee.

Representative Decisions Reflecting Ms. Holleman’s Work Include:

• In re Ocean Power Corp., No. 02-15989 (REG), 2007 WL 949598 (Bankr. S.D.N.Y. Mar. 26, 2007) (creditor did not waive right to payment on superpriority basis of principal, accrued 15% annual interest and attorneys’ fees due under debtor-in-possession financing agreement).
• In re Integrated Health Services, Inc., 307 B.R. 794 (Bankr. D. Del. 2004) (client holding leasehold and mortgage interests in property sold pursuant to chapter 11 plan survives motion to dismiss its breach of contract action against debtor-seller).
• Haseotes v. Cumberland Farms, Inc. (In re Cumberland Farms, Inc.), 284 F.3d 216 (1st Cir. 2002) (debtor may set off claims for breach of fiduciary duty against corporate director, against proofs of claim filed by director in debtor's Chapter 11 case).
• In re Outboard Marine Corporation, Chapter 7 Case No. 00-B-37405 (Bankr. N.D. Ill. 2002) (creditor allowed administrative expense priority for monthly charges and costs incurred pursuant to prepetition contract).
• In re cyberMedica, Inc., 280 B.R. 12 (Bankr. D. Mass. 2002) (proceeds of debtor's directors and officers liability insurance policy may be used to finance costs of defense of adversary proceeding brought by chapter 7 trustee against former director).
• In re Evora, 242 B.R. 560 (Bankr. D. Mass. 1999), aff'd, 255 B.R. 336 (D. Mass. 2000) (debtor and creditors are bound by valuation of allowed secured claims set forth in confirmed plan).

Bar & Court Admissions

• Massachusetts, 1998
• New York, 2007
• 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. Court of Appeals for the First Circuit
• U.S. Court of Appeals for the Federal Circuit
• Ms. Holleman has appeared in bankruptcy courts across the country, including (among others) the District of New Jersey, the Southern District of New York, the District of Delaware, the Northern District of Ohio, the Northern District of Illinois and the District of Massachusetts

Publications

• Acquiring (And Preserving) Leasehold Value Under the New Bankruptcy Code Amendments, S&W Client Advisory (January 26, 2007)
• Statutory Construction under BAPCPA: Living with Ambiguity, Rediscovering Judicial Discretion (July 2006)
• Reexamining the Protections Afforded to Solvent Shopping Center Tenants Under Section 365 in Light of In re Trak Auto Corp. Part II, American Bankruptcy Institute Journal (February 1, 2005)
• Solvent Shopping Center Tenants - Reexamination in Light of In re Trak Auto Corp.: Part I, American Bankruptcy Institute Journal (December 15, 2004)
• Sullivan & Worcester LLP Represents Winning Client In Ruling That Secured Lender Is Not Liable for "Deepening Insolvency", S&W Client Advisory (November 11, 2004)
• Pamela Smith Holleman Contributes Chapter to the Latest Edition of Chapter 11 Theory & Practice: A Guide to Reorganization (January 23, 2004)
• Seeking New Value in the Bankruptcy Code After LaSalle Partners (July 1999)
• "Risk Management: 'Bankruptcy Proof' Your Transactions in an Uncertain Economic Climate," Financial Executives International Boston Chapter Newsletter (April 2008)
• Contributor to Mergers and Acquisitions: A Step-by-Step Legal and Practical Guide, Edwin L. Miller, Jr. (2008, Wiley). Co-author of Chapter 7, "Leveraged Buyouts (Structural and Tax Issues) and Acquisitions of a Troubled Business (Creditors’ Rights and Bankruptcy)"
• "Bankruptcy & Mechanic’s Liens In Foreclosure: an Overview," Massachusetts Law Review (co-author with Lesley M. Varghese) (publication pending)
• "Servicemembers Civil Relief Act," paper presented at Bankruptcy Court Practice 2004 14th Annual Bankruptcy Court Bench Meets Bar Conference, Boston Bar Association (May 13, 2004)
• "Bankruptcy Jurisdiction and Post-Confirmation Issues," paper presented at Massachusetts Continuing Legal Education Bankruptcy Law Conference (October 28, 2003) (co-author with Patrick P. Dinardo)
• Contributor to Protecting Assets from Creditors, Massachusetts Continuing Legal Education series (2001). Co-author of chapter entitled "Avoidance and Recovery of Fraudulent Transfers (Or, All About Timing and Control)" (with Gayle P. Ehrlich)
• "Safety and Soundness in Electronic Banking: the FDIC Examination Procedures," Electronic Banking Law and Commerce Report, Vol. 2, No. 4 (September 1997) (co-author)
• "Matters of Public Concern: Recognizing a Whistleblower's Common Law Cause of Action in Alaska," New England Environmental Law Forum, Vol. 4 (1997)

Teaching & Speaking Engagements

• Faculty participant, "Anatomy of a Distressed Business," seminar jointly sponsored by the American College of Bankruptcy First Circuit Fellows and Boston College Law School (April 18, 2008)
• Faculty participant, "Anatomy of a Distressed Business," seminar jointly sponsored by the American College of Bankruptcy First Circuit Fellows and Boston College Law School (April 20, 2007)
• Visiting Lecturer in Bankruptcy, Boston College Law School (April 3, 2007)
  Presentation: Issues in bankruptcy sales
• Panelist, American Bankruptcy Institute 13th Annual Northeast Bankruptcy Conference, Newport, Rhode Island (July, 2006)
  Presentation: Statutory Construction in Light of the 2005 Amendments to the Bankruptcy Code as the Amendments impact business bankruptcy cases
• Panelist, Bankruptcy Court Practice 2004 14th Annual Bankruptcy Court Bench Meets Bar Conference, Boston Bar Association (May 13, 2004)
  Presentation: Servicemembers Civil Relief Act
• Featured speaker, Boston Bar Association Bankruptcy Section (February 12, 2004)
  Presentation: "Administrative Expense Priorities: How to Survive In re Jartran"
• Panelist, Massachusetts Continuing Legal Education Bankruptcy Law Conference (October 28, 2003)
  Presentation: Post-Confirmation Issues
• Visiting Lecturer in Environmental Law, Boston College, 1998

Awards & Honors

• "Rising Star," Massachusetts Super Lawyers (2005, 2006, 2007)
• Medal of Excellence in Bankruptcy, American Bankruptcy Institute (1998)

Professional & Civic Activities

• Partner liaison to Financial Executives International (FEI) Boston Chapter, Partner Committee and Professional Development Committee
• American Bankruptcy Institute (ABI)
• Boston Bar Association, Bankruptcy Law Section
• Association of Insolvency and Restructuring Advisors (AIRA)
• Turnaround Management Association Northeast Chapter (TMANE)

Education

• J.D., magna cum laude, Boston College Law School, 1998
• M.B.A., New York University Stern School of Business
• M.A., University of Chicago
• B.A., magna cum laude, Rockford College