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Related Practices
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Bankruptcy & Restructuring
News
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American Bankruptcy Institute Journal, March 12, 2013
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S&W Press Release, November 1, 2012
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October 22, 2012
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Law360, August 23, 2012
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J. Truman Bidwell Jr., Harvey E. Bines, Joel R. Carpenter, Henry W. Comstock Jr., William J. Curry, Christopher C. Curtis, Jeanne P. Darcey, Michael M. Davis, Patrick P. Dinardo, Joseph X. Donovan, John C. Emery, Hugh P. Finnegan, Robert J. Gillispie, John K. Graham, Ira K. Gross, David A. Guadagnoli, William E. Halmkin, Warren M. Heilbronner, Richard Hiersteiner, Richard L. Jones, David M. Leahy, George P. Lindsay, David C. Mahaffey, Leonard A. Miller, Edwin L. Miller Jr., Jerome C. Muys Jr., David J. Nagle, Alexander A. Notopoulos Jr., Ameek Ashok Ponda, Constantine P. Ralli, Joseph L. Serafini, Laura Steinberg, Douglas S. Stransky, Ilene Robinson Sunshine, Franklin B. Velie The Best Lawyers in America 2013®, August 22, 2012
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Boston Business Journal, August 17, 2012
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Press Release, June 7, 2012
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Boston Business Journal, March 23, 2012
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Law360, January 10, 2012
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Attorneys Chosen from Boston Office New England Super Lawyers Magazine, October 21, 2011
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Attorneys Chosen from Boston Office Joel R. Carpenter, William J. Curry, Christopher C. Curtis, Michael M. Davis, Patrick P. Dinardo, Joseph X. Donovan, John K. Graham, David A. Guadagnoli, William E. Halmkin, Warren M. Heilbronner, Richard Hiersteiner, Edwin L. Miller Jr., David J. Nagle, Alexander A. Notopoulos Jr., Ameek Ashok Ponda, Laura Steinberg, Ilene Robinson Sunshine New England Super Lawyers Magazine, October 20, 2011
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The Best Lawyers in America 2012® J. Truman Bidwell Jr., Harvey E. Bines, Joel R. Carpenter, William J. Curry, Christopher C. Curtis, Jeanne P. Darcey, Michael M. Davis, Joseph X. Donovan, John C. Emery, Robert J. Gillispie, John K. Graham, William E. Halmkin, Richard Hiersteiner, David M. Leahy, George P. Lindsay, David C. Mahaffey, Edwin L. Miller Jr., Jerome C. Muys Jr., David J. Nagle, Alexander A. Notopoulos Jr., Ameek Ashok Ponda, Constantine P. Ralli, Douglas S. Stransky, Ilene Robinson Sunshine, Franklin B. Velie August 31, 2011
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S&W Press Release, June 13, 2011
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Discovery in a Contested Matter in Bankruptcy Court paper presented at the American Bankruptcy Institute Northeast Winter Conference with Frederic Grant Jr. and Rob Kerwin, January 16, 2011
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Boston Bar Association, December 14, 2010
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Boston Bar Association, December 14, 2010
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Attorneys Chosen from Boston Office Joel R. Carpenter, William J. Curry, Christopher C. Curtis, Michael M. Davis, Patrick P. Dinardo, John K. Graham, David A. Guadagnoli, William E. Halmkin, Warren M. Heilbronner, Richard Hiersteiner, Edwin L. Miller Jr., David J. Nagle, Alexander A. Notopoulos Jr., Ameek Ashok Ponda, Laura Steinberg, Paul E. Summit, Ilene Robinson Sunshine New England Super Lawyers Magazine, October 19, 2010
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Attorneys Chosen from Boston office New England Super Lawyers Magazine, October 19, 2010
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Mass High Tech, September 23, 2010
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S&W Press Release, June 15, 2010
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Dow Jones DBR Small Cap, May 14, 2010
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American Bar Association Section of Business Law Committee on Legal Opinions, April 15, 2010
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New England Real Estate Journal, April 9, 2010
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Real Estate Lenders Association Breakfast Real Estate Bisnow, March 18, 2010
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American Bar Association Section of Business Law Committee on Legal Opinions, January 1, 2010
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Attorneys Chosen from Boston Office Susan M. Barnard, Harvey E. Bines, Joel R. Carpenter, William J. Curry, Christopher C. Curtis, Michael M. Davis, Patrick P. Dinardo, John K. Graham, David A. Guadagnoli, William E. Halmkin, Edwin L. Miller Jr., Alexander A. Notopoulos Jr., Ameek Ashok Ponda, Laura Steinberg, Paul E. Summit, Richard Teller New England Super Lawyers Magazine, October 26, 2009
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October 20, 2009
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ABI Northeast Winter Conference, July 19, 2009
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Retail Traffic Magazine, February 5, 2009
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December 20, 2008
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Massachusetts Law Review, October 20, 2008
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Bankruptcy & Mechanic's Liens in Foreclosure: an Overview Massachusetts Law Review (co-author), October 1, 2008
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Financial Executives International Boston Chapter Newsletter, September 2, 2008
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Boston Business Journal, August 1, 2008
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Financial Executives International Boston Chapter Newsletter, April 1, 2008
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Mergers and Acquisitions: A Step-by-Step Legal and Practical Guide, January 5, 2008
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Presented at American Bankruptcy Institute 13th Annual Northeast Bankruptcy Conference, July 1, 2006
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American Bankruptcy Institute Journal, February 1, 2005
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American Bankruptcy Institute Journal, December 15, 2004
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Paper presented at the 14th Annual Bankruptcy Court Bench Meets Bar Conference, May 13, 2004
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Chapter Contributor, ("Priority Claims"), January 23, 2004
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Presented at Massachusetts Continuing Legal Education Bankruptcy Law Conference, October 5, 2003
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Protecting Assets from Creditors, Massachusetts Continuing Legal Education Series, January 1, 2001
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Paper presented at American Bankruptcy Institute 6th Annual Northeast Bankruptcy Conference, July 20, 1999
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New England Environmental Law Forum, January 1, 1997
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Electronic Banking Law and Commerce Report (co-author), January 1, 1997
Events
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July 11 - 14, 2013
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July 24, 2012
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July 12-15, 2012
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June 14-16, 2012
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March 22-24, 2012
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July 21-24, 2011
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May 26, 2011
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April 13, 2011 (2:00 - 5:00 p.m.)
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March 31, 2011
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March 31, 2011 (1:00 p.m. - 2:30 p.m.)
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December 14, 2010
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August 17, 2010 (1:00 p.m. - 2:30 p.m.)
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Litigation Skills July 16, 2010
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July 8-11, 2010
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May 11, 2010
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April 22-24, 2010
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March 11, 2010 (5:00 p.m. - 6:00 p.m.)
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October 20, 2009
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July 16-19, 2009
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April 16, 2009
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March 12, 2009
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January 19, 2009
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July 10-13, 2008
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April 18, 2008
Publications
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Client Advisory, November 7, 2012
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Client Advisory, April 21, 2011
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Client Advisory, March 16, 2011
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Client Advisory, February 17, 2011
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Presentation Outline and Notes, December 14, 2010
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Client Advisory, July 26, 2010
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Client Advisory, January 26, 2007
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November 11, 2004
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With one of the largest and most experienced bankruptcy groups in the region, Sullivan & Worcester LLP offers legal services in all aspects of bankruptcy, restructuring, creditors’ rights and commercial law. Our lawyers have represented clients in matters involving billions of dollars, including out-of-court workouts and restructurings, as well as contested matters in federal bankruptcy courts in New York, Delaware, Massachusetts and other jurisdictions across the country.
Our creditor practice has a special focus on the issues faced by financial institutions and investors in financial transactions involving one or more distressed entities, including advice concerning the enforcement of remedial rights; restructuring of investments in defaulted public, private, and secured and unsecured bonds; workout of investments in CDOs and other structured investment vehicles; and enforcement of termination of swaps and other derivative instruments on account of bankruptcy or reorganization.
Given the breadth and the depth of our restructuring team, we are ready and able to take on and respond effectively to the most complicated issues that arise in debtor-creditor relationships. In fact, Chambers USA 2012 recognized our Bankruptcy & Restructuring practice "for its strength in handling a wide variety of bankruptcy, restructuring and creditors’ rights issues on behalf of financial institutions, investors and debtors." Chambers noted that our bankruptcy lawyers are "very reactive to its clients' needs."
Practice Profile (PDF)
Representative Client Work
- Chapter 15 Proceeding. Successfully represented indenture trustee of public debt before the U.S. Court of Appeals for the Fifth Circuit in appeal of Chapter 15 proceeding. The Fifth Circuit ruled that a Mexican reorganization plan that granted discharges to its non-debtor operating subsidiaries cannot be enforced in the United States. After having its bankruptcy plan approved in Mexico, the Mexican company, Vitro SAB de CV, filed a Chapter 15 proceeding in the Bankruptcy Court for the Northern District of Texas, and sought to have its plan enforced in the United States. The Bankruptcy Court refused to enforce the plan. The Fifth Circuit then agreed to take a direct appeal from the Bankruptcy Court. This case represents the first time a Mexican reorganization plan has been denied enforcement in the United States.
- Lehman Brothers. Representing client in its capacity as indenture trustee, securitization trustee or collateral agent under various derivative transactions, loan trusts, swaps and other securities, as a member of the unsecured creditors’ committee in the Chapter 11 proceedings of Lehman Brothers Holdings, Inc. and affiliates.
- Northwest Airlines and United Air Lines. Represented mortgagees, pass-through trustees, subordination agents, or indenture trustees, in the Chapter 11 proceedings of Northwest Airlines and United Air Lines with respect to commercial aircraft equipment and engines, including enforcement of obligations under Section 1110 (a) of the Bankruptcy Code, 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.
- Nashville Senior Living. Advised a national healthcare and senior living services provider on its successful acquisition of seven senior living facilities out of the bankruptcy of Nashville Senior Living, Inc., over the opposition of certain non-debtor TIC interests being sold by order of the court.
- American Refining Group, Inc. (ARG). Represented a refinery operator in the bankruptcy of Chemtura Corporation, from whom ARG acquired a facility.
- Integrated Health Services, Inc., Mariner Post-Acute, Inc., Sun Healthcare Group, Inc. Our clients, holding leasehold and mortgage interests in approximately 57 real properties located in 13 states, entered into settlements whereby the properties were recovered and the debt resolved within a short time of each company’s Chapter 11 filing.
- Lernout & Hauspie N.V., Dictaphone Corporation and L&H Holdings. Obtained favorable monetary settlement from Chapter 11 estates of Lernout & Hauspie and its multinational affiliates on behalf of a U.K. plaintiff in a patent infringement action involving rights to voice recognition software.
- Publicly Held REIT. Advised a publicly held REIT and its affiliates, which buy, own and lease senior citizen housing, in the creation and/or recycling of 17 “bankruptcy remote” subsidiaries in order to secure a master credit facility.
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