Katherine Fix

Katherine M. Fix

Counsel

Katherine M. Fix

Counsel

  • Overview

    Biography

    Katherine M. Fix is counsel in the firm’s litigation department with the Bankruptcy + Reorganizations and Business Litigation Groups. 

    Bankruptcy and Creditors’ Rights

    Katherine concentrates her practice on bankruptcy and corporate restructuring matters. This encompasses representations of companies and creditors in Chapter 11 reorganizations, including special situations that require both transactional and litigation proficiency. Her experience includes both debtor and creditor representations of committees, corporate entities, and individuals across a variety of industries, including the energy, maritime, retail, and manufacturing industries. Katherine has particular familiarity representing clients in contested matters and adversary proceedings.

    Business Litigation

    Katherine has a broad range of experience handling litigation matters in federal courts, including preferential and fraudulent transfers, declaratory judgments and injunctive relief, and breach of fiduciary duty actions. 

  • Experience
    • Experience

      Experience

      • Co-counsel to the Official Committee of Asbestos Personal Injury Claimants in the jointly administered Chapter 11 proceedings of In re Aldrich Pump LLC and In re Murray Boiler Pump LLC

      • Co-counsel to the Official Committee of Asbestos Personal Injury Claimants in In re DBMP LLC and its Chapter 11 proceedings

      • Counsel to the Official Committee of Asbestos Claimants in In re Bestwall LLC in its Chapter 11 proceedings

      • Counsel to the Tort Claimants Committee In re Imerys talc America, Inc.

         

      • Counsel to O.W. Bunker USA Inc. Liquidating Trust in various post confirmation maritime litigation and related appellate proceedings

      • Counseled asbestos personal injury claimants in developing pre-packaged bankruptcy In re Maremont Corp.*

      • Represented creditor in In re Toys “R” Us, Inc. in connection with its pre-petition and post-petition administrative claims*

      • Counsel to purchaser of certain distribution facilities pursuant to an asset sale in In re Toys “R” Us, Inc.*

      • Counsel to maritime debtor in O.W. Bunker in its Chapter 11 proceedings*

      • Co-Counsel and Special Counsel to the “E-Side” Committee of Unsecured Creditors in In re Energy Future Holdings, Inc. in its Chapter 11 proceedings*

      • Counsel to the Official Committee of Asbestos Personal Injury Claimants in In re Specialty Products Holding Corp. in its Chapter 11 proceedings*

      • *Attorney Fix was counsel in these representative transactions prior to joining Robinson+Cole.

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    • Professional Associations

      Professional Associations

      American Bankruptcy Institute
      Member (2014 - present)

      American Bar Association
      Member (2019 - present)

      Pennsylvania Bar Association
      Member (2013 - present)

      Philadelphia Bar Association
      Member (2011 - 2021)

      Turnaround Management Association
      Network of Women (NOW) Committee, Philadelphia/Wilmington Chapter (2019 - present)
      Member
    • Honors + Awards

      Honors + Awards

      Selected as a Rising Star in the Pennsylvania Super Lawyers list from 2020 to 2022.

      Winning Deal Team for Chapter 11 O.W. Bunker Debtors, “Restructuring Deal of the Year”, 9th Annual M&A Advisor International Awards, 2017

      Winning Deal Team for Chapter 11 O.W. Bunker Debtors, “Restructuring Deal of the Year (Over $500MM to $1B)”, 11th Annual M&A Advisor Turnaround Awards, 2017

      Winning Deal Team for Chapter 11 O.W. Bunker Debtors, “Energy Deal of the Year (Over $500MM to $1B)”, 11th Annual M&A Advisor Turnaround Awards, 2017

      Winning Deal Team for Chapter 11 O.W. Bunker Debtors, “Restructuring Deal of the Year (Over $100MM)”, 15th Annual M&A Advisor Awards, 2016

      Winning Deal Team for Restructuring of Specialty Products Holding Corp., “Restructuring Deal of the Year (Over $500MM to $1B)”, 10th Annual M&A Advisor Turnaround Awards, 2016
       

      Robinson+Cole Mentor of the Year Award Recipient, 2021

    • Community Involvement

      Community Involvement

      Villanova University
      Founding Board Member of NovUS, Charles Widger School of Law Alumni Association (2014 - 2017)
  • NEWS + PRESS
    • Publications

      Publications

      "Person-Aggrieved Standing: Can the Possibility of Excessive Litigation Be Enough?" co-authored with Annecca H. Smith, published in the November 2022 edition of the ABI Journal (11/2022)
      • » more info

        • Person-Aggrieved Standing: Can the Possibility of Excessive Litigation Be Enough?

        "Person-Aggrieved Standing: Can the Possibility of Excessive Litigation Be Enough?" co-authored by Annecca H. Smith and Katherine M. Fix, published in the November 2022 edition of the ABI Journal (11/2022)

        Examining the holding by the U.S. Court of Appeals for the Eleventh Circuit in Valley National Bank v. Warren (In re Westport Holdings Tampa Ltd. P’ship), the authors write that “the possibility of litigation neither imparts ‘person-aggrieved’ standing to a liquidating trust­ee-adversary proceeding defendant nor implicates Bankruptcy Code protection.” Thus, if the only direct and pecuniary harm they can state is a fear of future litigation against them, “an adversary-proceeding defendant cannot appeal bankruptcy court approval of a litigation funding agreement.” The future of person-aggrieved standing is unclear, especially in light of the doubt cast on the prudential standing doctrine following Lexmark Int’l Inc. v. Static Control Components Inc. “Although no circuit court has yet abrogated person-aggrieved standing in light of Lexmark, the issue remains one to watch,” they write. Read the article.


      "Does Federal Common Law Define a Business Trust’s Eligibility for Chapter 11?" co-authored with Ryan M. Messina, published in the October 2021 edition of the ABI Journal

      "Global Practitioners Beware: U.S. Code’s Avoidance Provisions Might Have International Reach," co-authored with Patrick M. Birney, selected by the American Bankruptcy Institute (ABI) for inclusion in the “Best of ABI 2019: The Year in Business Bankruptcy,” an annual compendium of the best ABI Journal and conference seminar articles. (3/26/2020)
      • » more info

        • Global Practitioners Beware: U.S. Code’s Avoidance Provisions Might Have International Reach

        "Global Practitioners Beware: U.S. Code’s Avoidance Provisions Might Have International Reach," co-authored by Patrick M. Birney and Katherine M. Fix, selected by the American Bankruptcy Institute (ABI) for inclusion in the “Best of ABI 2019: The Year in Business Bankruptcy,” an annual compendium of the best ABI Journal and conference seminar articles. (3/26/2020)

        The article "Global Practitioners Beware: U.S. Code’s Avoidance Provisions Might Have International Reach," authored by Bankruptcy + Reorganizations Group members Patrick Birney and Katherine Fix, has been selected by the American Bankruptcy Institute (ABI) for inclusion in the “Best of ABI 2019: The Year in Business Bankruptcy,” an annual compendium of the best ABI Journal and conference seminar articles. Their article in the July 2019 issue of the Journal revisits the extraterritorial application of federal statutory law and the presumption against extraterritoriality in the context of litigation spawned from Bernie Madoff’s massive Ponzi scheme and the ensuing bankruptcy proceeding. Patrick and Katherine write, “The powers have been read broadly to permit overseas application of federal law,” noting that the federal courts have most often sided with Congress and its “almost unfettered discretion to apply statutory provisions to govern events or actions outside the territorial boundaries of the United States.”

        Using the Second Circuit’s extraterritoriality decision as the framework, the article re-examines the applicability of the presumption against extraterritoriality in the context of avoidance proceedings commenced under the Bankruptcy Code. In conclusion, the authors state that “The Second Circuit decision likely closes a potential loophole, now preventing the Bankruptcy’s Code avoidance provisions from being bypassed, and further expands the trustee’s statutory avoidance powers beyond the United States, at least in New York and other jurisdictions bound by Second Circuit precedent.” To read the article, click here.


      "Global Practitioners Beware: U.S. Code’s Avoidance Provisions Might Have International Reach," co-authored with Patrick M. Birney, published in the July 2019 edition of the ABI Journal. (7/1/2019)
      • » more info

        • Global Practitioners Beware: U.S. Code’s Avoidance Provisions Might Have International Reach

        "Global Practitioners Beware: U.S. Code’s Avoidance Provisions Might Have International Reach," co-authored by Katherine M. Fix and Patrick M. Birney, published in the July 2019 edition of the ABI Journal. (7/1/2019)

        This article refreshes the recollection regarding the extraterritorial application of federal statutory law and the presumption against extraterritoriality. Using the Second Circuit’s extraterritoriality decision as the framework, the article re-examines the applicability of the presumption against extraterritoriality in the context of avoidance proceedings commenced under the Code. To read the article, click here.


    • Presentations

      Presentations

      "Mass Torts and Bankruptcy," as part of the New Jersey Association for Justice’s Meadowlands Seminar 2022: Mass Torts (11/16/2022)
      • » more info

        • Mass Torts and Bankruptcy

        "Mass Torts and Bankruptcy," presented by Katherine M. Fix, as part of the New Jersey Association for Justice’s Meadowlands Seminar 2022: Mass Torts (11/16/2022)

        The panel offered an overview of the bankruptcy process and addressed the overarching question, what should mass torts attorneys know about bankruptcy? The discussion delved into a number of areas, including pre-and post-bankruptcy filing practice pointers, recovery options, and certain hot topics that affect the mass tort litigation sphere from Bankruptcy Code and policy perspectives and recent cases. 


      "Hot Topics in Valuation," as moderator of the panel discussion presented at VALCON 2022, which was co-presented by the American Bankruptcy Institute and the Association of Insolvency & Restructuring Advisors in Las Vegas, Nevada (5/12/2022)
      • » more info

        • Hot Topics in Valuation

        "Hot Topics in Valuation," presented by Katherine M. Fix, as moderator of the panel discussion presented at VALCON 2022, which was co-presented by the American Bankruptcy Institute and the Association of Insolvency & Restructuring Advisors in Las Vegas, Nevada (5/12/2022)

        The four-person panel, including a U.S. Bankruptcy Judge for the District of Delaware, examined current developments that may affect asset, enterprise and plan valuations. The panelists also discussed evolving market factors, the latest legal developments, and changing trends in valuation methodology. The three-day VALCON 2022 event was a three-day event offered a deep dive into distressed debt, restructuring, and valuation.


    • News

      R+C in the News

      • November 14, 2022

        Katherine Fix and Annecca Smith Author ABI Journal Article on Person-Aggrieved Standing

        • » more info

          Katherine Fix and Annecca Smith Author ABI Journal Article on Person-Aggrieved Standing

          Bankruptcy + Reorganizations Group lawyers, Katherine Fix and Annecca Smith, co-authored the article “Person-Aggrieved Standing: Can the Possibility of Excessive Litigation Be Enough?,” published in the November 2022 edition of the ABI Journal. Examining the holding by the U.S. Court of Appeals for the Eleventh Circuit in Valley National Bank v. Warren (In re Westport Holdings Tampa Ltd. P’ship), they write that “the possibility of litigation neither imparts ‘person-aggrieved’ standing to a liquidating trust­ee-adversary proceeding defendant nor implicates Bankruptcy Code protection.” Thus, if the only direct and pecuniary harm they can state is a fear of future litigation against them, “an adversary-proceeding defendant cannot appeal bankruptcy court approval of a litigation funding agreement.” The future of person-aggrieved standing is unclear, especially in light of the doubt cast on the prudential standing doctrine following Lexmark Int’l Inc. v. Static Control Components Inc. “Although no circuit court has yet abrogated person-aggrieved standing in light of Lexmark, the issue remains one to watch,” they write. Read the article.

      • October 11, 2021

        Katherine Fix and Ryan Messina Author Article on Business Trusts’ Eligibility for Chapter 11 Published in ABI Journal

        • » more info

          Katherine Fix and Ryan Messina Author Article on Business Trusts’ Eligibility for Chapter 11 Published in ABI Journal

          Bankruptcy + Reorganizations Group lawyers Katherine M. Fix and Ryan M. Messina authored the article “Does Federal Common Law Define a Business Trust’s Eligibility for Chapter 11?” published in the October 2021 issue of the ABI Journal, the member publication of the American Bankruptcy Institute. Featured in the Journal’s “On the Edge” column, the article focuses on how courts have struggled to determine whether an entity is a “business trust” that is eligible to be a “debtor” under the Bankruptcy Code-the crux of which arises from the Code’s failure to define what a business trust is within the context of bankruptcy. Katherine and Ryan provide a history of business trusts in the bankruptcy code; examine the split of authority that exists as to which law governs: the law of the jurisdiction in which the trust resides, or federal common law; and offer insights into how a recent Delaware Bankruptcy Court decision regarding an offshore real estate investment trust may become the new standard. Read the full article.

        • View article
      • July 30, 2021

        Robinson+Cole Presents Annual Awards for Outstanding Contributions

        • » more info

          Robinson+Cole Presents Annual Awards for Outstanding Contributions

          On July 29, 2021, Robinson+Cole recognized 14 lawyers and staff members for their pro bono work, mentoring, community service and efforts to promote a diverse and inclusive work environment as part of the firm's annual awards. The Pro Bono Award is presented by the firm’s Pro Bono Committee and honors individuals for their outstanding commitment to Robinson+Cole’s pro bono initiative. This year’s honorees were Charles E. Janson, Choity R. Khan and paralegal Albina Yaikbaeva. The Robinson+Cole Mentor of the Year Award recognizes outstanding guidance, support, and encouragement of fellow lawyers and staff in their pursuit of professional growth. This year’s award was presented to IT Services Manager Joel M. Easley, Katherine M. Fix, Dana M. Horton and Christopher J. Hug. In addition, Linn F. Freedman, Jennifer L. Shanley and Business Center Specialist Sandra M. Strate were all recognized with the Community Service Award for their continued volunteerism. Lastly, Robinson+Cole's Diversity and Inclusion Awardees Lisa B. Andrzejewski, Dan A. Brody, Chief Marketing Officer Gina L. Carriuolo and John B. Lynch, Jr. were honored for their ongoing dedication and support of diversity, equity and inclusion efforts.

      • March 26, 2020

        Patrick Birney and Katherine Fix Author Article Included in "Best of ABI 2019: The Year in Business Bankruptcy"

        • » more info

          Patrick Birney and Katherine Fix Author Article Included in "Best of ABI 2019: The Year in Business Bankruptcy"

          The article "Global Practitioners Beware: U.S. Code’s Avoidance Provisions Might Have International Reach," authored by Bankruptcy + Reorganizations Group members Patrick M. Birney and Katherine M. Fix, has been selected by the American Bankruptcy Institute (ABI) for inclusion in the “Best of ABI 2019: The Year in Business Bankruptcy,” an annual compendium of the best ABI Journal and conference seminar articles. Their article in the July 2019 issue of the Journal revisits the extraterritorial application of federal statutory law and the presumption against extraterritoriality in the context of litigation spawned from Bernie Madoff’s massive Ponzi scheme and the ensuing bankruptcy proceeding. Patrick and Katherine write, “The powers have been read broadly to permit overseas application of federal law,” noting that the federal courts have most often sided with Congress and its “almost unfettered discretion to apply statutory provisions to govern events or actions outside the territorial boundaries of the United States.”

          Using the Second Circuit’s extraterritoriality decision as the framework, the article re-examines the applicability of the presumption against extraterritoriality in the context of avoidance proceedings commenced under the Bankruptcy Code. In conclusion, the authors state that “The Second Circuit decision likely closes a potential loophole, now preventing the Bankruptcy’s Code avoidance provisions from being bypassed, and further expands the trustee’s statutory avoidance powers beyond the United States, at least in New York and other jurisdictions bound by Second Circuit precedent.” To read the article, click here.

      R+C News Releases

      • October 11, 2022

        Robinson+Cole Lawyers Recognized in 2022 Super Lawyers®

        • » more info

          Robinson+Cole Lawyers Recognized in 2022 Super Lawyers®

          A total of 39 Robinson+Cole attorneys were named to Super Lawyers® lists in the States of Connecticut, Delaware, Massachusetts, New York, Pennsylvania, and Rhode Island for 2022. In addition, 30 attorneys at the firm were recognized as “Rising Stars.”

          Jeffrey J. White was named to the Top 50: 2022 Connecticut Super Lawyers list. Linda L. Morkan appears on the Top 25: 2022 Women Connecticut Super Lawyers list and, similarly, Natalie D. Ramsey was included in the Top 50: 2022 Women Pennsylvania Super Lawyers list. Read more in the press release.

        • View article
      • October 14, 2021

        Robinson+Cole Lawyers Recognized by Super Lawyers®

        • » more info

          Robinson+Cole Lawyers Recognized by Super Lawyers®

          A total of 42 Robinson+Cole attorneys were named to Super Lawyers® lists in the States of Connecticut, Delaware, Massachusetts, New York, Pennsylvania, and Rhode Island for 2021. In addition, 29 attorneys at the firm were recognized as “Rising Stars.”

          Bruce B. Barth and Jeffrey J. White were named to the Top 50: 2021 Connecticut Super Lawyers list. Linda L. Morkan appears on the Top 25: 2021 Women Connecticut Super Lawyers list and, similarly, Natalie D. Ramsey was included in the Top 50: 2021 Women Pennsylvania Super Lawyers list. Read more in the press release.

        • View article
      • November 18, 2020

        Robinson+Cole Elects New Partners and Counsel

      • October 15, 2020

        47 Robinson+Cole Lawyers Recognized in Super Lawyers®

        • » more info

          47 Robinson+Cole Lawyers Recognized in Super Lawyers®

          A total of 47 Robinson+Cole attorneys were named to Super Lawyers® lists in the states of Connecticut, Delaware, Massachusetts, Pennsylvania and Rhode Island for 2020. In addition, 29 attorneys at the firm were recognized as “Rising Stars.”

          Also, Bruce B. Barth was named to the Top 50: 2020 Connecticut Super Lawyers list and Linda L. Morkan appears on the Top 25: 2020 Women Connecticut Super Lawyers list.

          The Super Lawyers designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas. An explanation of the Super Lawyers methodology can be found here. Read more in the press release.

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      • January 22, 2019

        Robinson+Cole Adds National Bankruptcy Team in New York, Philadelphia and Wilmington

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          Robinson+Cole Adds National Bankruptcy Team in New York, Philadelphia and Wilmington

          Robinson+Cole is pleased to announce the significant expansion of its bankruptcy capabilities with the addition of five lawyers, including three partners, and the opening of new offices in Wilmington, Delaware and Philadelphia, Pennsylvania. Natalie D. Ramsey, Mark A. Fink and Davis Lee Wright join Robinson+Cole as partners along with Laurie A. Krepto as counsel, and Katherine M. Fix, as an associate. Read more in the press release.

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