Patrick M. Birney

Partner

  • Overview

    Biography

    Patrick Birney co-chairs Robinson+Cole's Bankruptcy + Reorganizations Group and is a member of the Business Litigation Group.

    Corporate Restructuring & Creditors’ Rights

    Since 1998, Patrick has focused his practice on complex transactional, litigation, and advisory work related to the debtor/creditor relationship, including restructurings, Chapter 11 bankruptcy cases, workouts and "pre-packaged" Chapter 11 matters, and commercial finance. He has extensive experience representing secured and unsecured creditors, trustees, debtors, official and ad hoc creditors' committees, and other parties in Chapter 11 restructurings, adversary proceedings, state court receiverships, and out-of-court workouts.

    Patrick recently represented a global fuel oil supplier in its Chapter 11 case, including negotiation and confirmation of its plans, which included providing for a substantial distribution to creditors. He represented the senior secured lender in the successful Chapter 11 restructuring of an international toy manufacturer. He also represented the bondholders in the successful Chapter 11 restructuring of an assisted senior living facility and geriatric hospital.

    Business Litigation

    Patrick has a broad range of experience handling commercial litigation matters in state and federal courts, routinely representing businesses involved in contract disputes, fraudulent transfer, fraud, civil theft, and intercompany claims. He has represented businesses in the insurance, manufacturing, health care, distribution, logistics, shipping, energy, retail, and construction industries.

    Patrick recently obtained summary judgment in the United States District Court for the Southern District of Texas on behalf of an international manufacturer regarding claims of breach of contract.

    Pro Bono and Community Involvement

    Patrick is committed to doing pro bono work and being actively involved in the community. He has participated in the firm’s Domestic Violence Restraining Order Program, which assists victims with obtaining restraining orders. He is on the Board of Directors for G.R.O.W.E.R.S., Inc., which provides employment and educational opportunities for intellectually disabled clients, has previously served as president of the N.E.W. 34th Charitable Corp., an organization that helps fund civic and charitable causes in the New Haven, Connecticut area, and is a member of Compass Lodge No. 9, A.F. & A.M., receiving his 10-year pin in 2019. 

    Patrick has also been a member of the Connecticut Lottery Corporation’s Board of Directors, serving as the board’s vice chairperson and chairperson of the board’s Finance Committee. He has served as vice chairperson of the Wallingford Public Utilities Commission since March 2015, and prior to that served on the Wallingford Planning and Zoning Commission and Zoning Board of Appeals.

    Patrick is a frequent lecturer and participant on educational panels related to bankruptcy, insolvency, commercial law, and creditors' rights. In addition, he is a frequent author and contributor to several national bankruptcy publications. To date, his articles have been cited by several judicial opinions, including In re Reichgott, 2013 WL 5492532 (Bankr. N.D.Ohio, 2013), and In re Kebe, 444 B.R. 871, 880 (Bankr. S.D.Ohio, 2011).

    Patrick has been listed in The Best Lawyers in America® in the area of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law since 2017.

  • Experience
    • Experience

      Experience

      • Co-counsel to debtors in O.W. Bunker Holding North America (District of Connecticut).

      • Special counsel to debtors in Mortgage Lenders Network USA, Inc. (District of Delaware).
      • Counsel to Official Committee of Unsecured Creditors in Sigg Switzerland (USA), Inc. (District of Connecticut).

      • Counsel to Official Committee of Unsecured Creditors in Label Systems, Inc. (District of Connecticut).

      • Counsel to Official Committee of Unsecured Creditors in N.V.E., Inc. (District of New Jersey) and counsel to Official Committee of Unsecured Creditors in Fleet Trucking, Inc. (Southern District of New York). *
      • Counsel to a member of the Creditors' Committee in IdleAire Corporation (District of Delaware). *
      • Counsel to a member of the Creditors' Committee in Bayonne Medical Center (District of New Jersey). *
      • Counsel to Integrated Control Systems, Inc. (District of Connecticut). *
      • Special counsel to the chapter 7 trustee in Murdoch Claims Management (District of Connecticut), a third-party insurance claims administrator.
      • Restructuring counsel for a subsidiary of one of the nation's largest Spanish-speaking newspapers.
      • Represented American subsidiary of international packaging machinery manufacturer in claims under Delaware's fraudulent transfer and unlawful dividend statutes.
      • Represented major insurance company in adversary proceeding involving claims of fraud, unfair trade practices, and successor liability against debtor in possession.
      • Represented insurance carriers in filing and prosecuting involuntary bankruptcy proceedings against insolvent third-party claims administrators.
      • Represented trustee in an adversary proceeding in a dispute with debtor over ownership interest in publicly traded securities.
      • National bankruptcy counsel for market trend and merchandising consultant to the retail and fashion industry.
      • Represented designer and manufacturer of firearm component parts in licensing and royalty dispute with international firearm manufacturer.
      • Counsel to national construction services provider in Circuit City (Eastern District of New Jersey), a national consumer electronics retailer.
      • Representation of managed care insurer, which issued a group health plan to an employer that subsequently entered into bankruptcy. On behalf of managed care insurer, Robinson & Cole handled all aspects of the Chapter 11 bankruptcy proceeding, including negotiation of the inclusion of managed care insurer in the court's critical vendor payment order to allow premiums to continue to be paid from the debtor's assets, payment of all accounts receivable due to the insurer, and timely assumption of the group health plan insurance contract by the bankruptcy trustee.
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      * Atty. Birney was counsel in these representative transactions before joining Robinson+Cole.
    • Professional Associations

      Professional Associations

      American Bankruptcy Institute

      Connecticut Bar Association
      Executive Committee, Commercial Law and Bankruptcy Section
      Litigation Section

      Turnaround Management Association
      Director, Vice President Public Relations

      Connecticut Bar Foundation
      Fellow

      American Bankruptcy Institute Journal
      Coordinating Editor

      Journal of Bankruptcy Law and Practice
      Editorial Advisory Board

      Defense Research Institute
      Commercial Litigation Committee

      United States Law Firm Group
      Chair, Bankruptcy and Creditors Rights Committee (2018)

      Hartford County Bar Association
      Board of Directors (2013 - 2017)
    • Honors + Awards

      Honors + Awards

      St. John's University, CALI Excellence for the Future Award for Complex Bankruptcy Litigation

      Connecticut Coalition Against Domestic Violence, "First 100," 2013

      Selected to the Connecticut Super Lawyers list from 2013 to 2021.

      Selected by his peers for inclusion in The Best Lawyers in America© in the area of  Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law since 2017

      Connecticut Law Tribune "Distinguished Leader in the Law" Award, May 16, 2019

      Listed in The Best Lawyers in America© as Hartford Lawyer of the Year in the area of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law for 2022

      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 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”, 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 the Sale of Rubie’s Costume Company, Inc. and its U.S. based Affiliates, “Distressed M&A Deal of the Year ($100MM to $250MM)”, M&A Advisor's 15th Annual Turnaround Awards, 2021

       

      Presented with the Food & Beverage Restructuring Deal of the Year honor as part of the Global M&A Network’s 14th Annual Turnaround Atlas Awards in recognition of serving as counsel to Tribe 9, LLC in the Carla’s Pasta, LLC Chapter 11 bankruptcy case.

      Named to Global M&A Network's 9th annual Top 100 Restructuring  Professionals “Distinction in Dealmaking” list

      Presented with the Chapter 11 Restructuring of the Year in the “mega” category (value: above $5 billion) as part of the Global M&A Network’s 15th Annual Turnaround Atlas Awards in recognition of serving as co-counsel to the Official Committee of Unsecured Creditors (UCC) in the Mallinckrodt plc, et al. chapter 11 cases.

    • Community Involvement

      Community Involvement

      Town of Wallingford
      Public Utilities Commission, Secretary (2015 - Present)
      Planning and Zoning Commission, Vice Chairman (2003 - 2015)

      Connecticut Lottery Corporation
      Board of Directors, Vice Chair (2015 - Present)
      Board of Directors, Chairman of Finance Committee

      G.R.O.W.E.R.S., Inc.
      Board of Directors; the corporation, a 501(c)(3), provides employment and educational opportunities for intellectually disabled clients

      The N.E.W. 34th Charitable Corp.
      President; the corporation, a 501(c)(3), provides funding for civic and charitable causes within New Haven County
  • NEWS + PRESS
    • Publications

      Publications

      "Litigation-Settlement Financiers, a Secured Claim Might Be Illusory," co-authored with Annecca H. Smith, published in the ABI Journal, the member publication of the American Bankruptcy Institute (March 2022)
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      "Understanding Standing: Statutory Authority Made Simple," co-authored with Jamie L. Edmonson, published in the ABI Journal (November 2020)
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      "Section 510 — Subordination, Recent Developments," co-authored with Ryan M. Messina and Andrew A. DePeau, which was published in the Norton Annual Survey of Bankruptcy Law. (August 2020)
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      "Distressed Company Investing in the COVID-19 Environment," co-authored with Leslie J. Levinson, published in a Corporate Restructuring & Bankruptcy special report by the New York Law Journal. (6/8/2020)
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      "Global Practitioners Beware: U.S. Code’s Avoidance Provisions Might Have International Reach," co-authored with 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)
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      "Global Practitioners Beware: U.S. Code’s Avoidance Provisions Might Have International Reach," co-authored with Katherine M. Fix, published in the July 2019 edition of the ABI Journal. (7/1/2019)
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      "Unharnessing the Governmental-Unit Stay Exception: SEC v. Miller," co-authored with Andrew A. DePeau (May 2016)
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      "Toward Understanding Make-Whole Premiums in Bankruptcy," published in Norton Journal of Bankruptcy Law and Practice (August 2015)
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      "Perfecting Security Interests in a Debtor's Insurance Policy," published in American Bankruptcy Institute Journal (April 2015)

      "Revisiting Presumption Against Extraterritoriality in Avoidance Actions," published in American Bankruptcy Institute Journal (September 2014)

      "Section 363 Sale Orders: May Sales Be Made Free and Clear of Successor Liability Claims?" published in Norton Journal of Bankruptcy Law and Practice (July 2013)

      "State Insurance Law Trumps Code: 'Reverse Preemption'," published in American Bankruptcy Institute Journal (May 2013)

      "Should SIPA Trustee Have Greater Power Than Chapter 7 Trustee to Pursue Third-Party Claims?" published in American Bankruptcy Institute Journal, co-authored with Travis R. Searles (May 2012)

      "May a Bankruptcy Court Exercise Supplemental Jurisdiction Predicated on Its Referred 'Related To' Jurisdiction?" published in Norton Journal of Bankruptcy Law and Practice, co-authored with Michael R. Enright (January 2010)

      "Resource Conservation and Recovery Act vs. Chapter 11: When Is a 'Discharge' Not Discharged," published in American Bankruptcy Institute Journal, coauthor (November 2009)

      "Bankruptcy Rule 9024: Paper Tiger or Powerful Procedural Tool When Stacked Against the Bankruptcy Code," published in Norton Journal of Bankruptcy Law and Practice (June 2009)

      "Reawakening Section 1334: A New Framework for Analyzing the Enforceability of Arbitration Agreements in Bankruptcy," published in American Bankruptcy Institute Law Review (Winter 2008)

    • Presentations

      Presentations

      "Alternative Energy & Renewables," as moderator during the American Bankruptcy Institute's VALCON 2021 (5/12/2021)
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      "Mezzanine Lenders: Navigating an Insolvent Borrower," co-presented with Endicott (Kit) Peabody IV and Stephen P. Hanson, as part of the Small Business Investor Alliance's (SBIA) Lunch & Learn Webinar Series. (11/4/2020)
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      "Alternatives for Winding Down a Business," presented by the Connecticut Bar Association (10/16/2020)
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      "Distressed Company Investing in the COVID-19 Environment," co-presented with Leslie J. Levinson and Jamie L. Edmonson, which addressed certain unique challenges of investing in distressed entities or their debt or equity. (5/12/2020)
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      "COVID-19 and the Contract Issues that Arise," presented by the Connecticut Bar Association’s Commercial Law and Bankruptcy Section. (4/17/2020)
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      "Negotiating & Drafting Lessons and Tips That Could Help Protect or Eliminate Avoidance Claims - What You Agree to Today Can Affect Tomorrow!," presented at the 35th Annual Bankruptcy & Restructuring Conference, Association of Insolvency and Restructuring Advisors. (6/7/2019)
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      "Winding-Up Petition vs. Arbitration - Which Shall Prevail," presented as a panelist at the ADVOC International Business Law Conference 2019 in Hong Kong, China. (3/1/2019)
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      "Stern Revisited: In re Millennium Lab Holdings and Beyond," presented during the 2018 Annual Spring Meeting in Washington D.C., hosted by the American Bankruptcy Institute (4/21/2018)

      "What Every EHS Professional Needs to Know (Or At Least Think) About Bankruptcy," presented during Robinson+Cole's Annual Environmental + Energy Summit in Newport, Rhode Island (9/27/2017)

      "Insolvency and Cross Border Insolvency in the Jurisdiction of the United States of America," at ADVOC International Business Law Conference, published materials (9/19/2013)

    • News

      R+C in the News

      • July 20, 2023

        Robinson+Cole Lawyers Recognized During Global M&A Network's 2023 Turnaround Atlas Awards

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      • September 2, 2022

        Patrick Birney Named to 2022 Top 100 Restructuring Professionals List

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      • July 25, 2022

        Robinson+Cole Lawyers Recognized During Global M&A Network's 2022 Turnaround Atlas Awards

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      • March 7, 2022

        Patrick Birney and Annecca Smith Co-Author ABI Journal Article on Litigation-Settlement Financiers

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      • October 7, 2021

        Patrick Birney Receives M&A Advisor Turnaround Award for Distressed M&A Deal of the Year

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      • September 9, 2021

        Patrick Birney Selected as a Turnaround Management Association September Featured Member

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      • November 13, 2020

        Patrick Birney and Jamie Edmonson Author Article on Statutory Authority Published in the ABI Journal

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      • June 8, 2020

        Patrick Birney and Les Levinson Author Article on Distressed Companies Published in New York Law Journal

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      • March 26, 2020

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

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      • May 17, 2019

        CT Law Tribune Honors Four Firm Lawyers at 2019 CT Legal Awards Event

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      • October 18, 2018

        51 Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • August 20, 2018

        52 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2019

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      • July 27, 2018

        Patrick Birney Named Chair of United States Law Firm Group Bankruptcy and Creditors Rights Committee

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      • June 9, 2016

        Hartford Lawyers Publish Article in ABI Journal

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      • January 21, 2016

        Patrick Birney Writes Article on Make-Whole Premiums for Norton Journal of Bankruptcy Law and Practice

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      • April 13, 2015

        Patrick Birney Writes Article for ABI Journal

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      • November 18, 2014

        Join Robinson+Cole at the 4th Annual Economic Forum

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      • October 30, 2014

        Patrick Birney Authors Article for ABI Journal

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      • January 23, 2013

        Connecticut Law Tribune quotes Robinson & Cole's Pro Bono Work

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      • December 17, 2010

        Attorneys Reelected to Connecticut Chapter Board

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      • June 30, 2010

        Patrick Birney Leads Off Bankruptcy Law360 coverage of Schwab v. Reilly

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      • February 2, 2010

        Robinson & Cole Attorneys Elected to Board of Directors of Turnaround Management Association’s Connecticut Chapter

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      • November 14, 2008

        Robinson & Cole Gains Over 30 Former Thelen Attorneys in Hartford, Connecticut and New York City

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      R+C News Releases

      • August 17, 2023

        78 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2024

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      • August 18, 2022

        74 Robinson+Cole Lawyers Listed in The Best Lawyers in America 2023

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      • March 3, 2022

        Robinson+Cole Advises Official Committee of Unsecured Creditors in Chapter 11 Mallinckrodt plc Case

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      • October 14, 2021

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • August 19, 2021

        65 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2022

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      • October 15, 2020

        47 Robinson+Cole Lawyers Recognized in Super Lawyers®

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      • August 20, 2020

        61 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2021

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      • October 19, 2019

        52 Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • August 15, 2019

        57 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2020

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      • October 17, 2017

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • August 15, 2017

        Fifty-Nine Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2018

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      • July 25, 2017

        Robinson+Cole Involved in Award Winning International M&A Deal

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      • November 29, 2016

        Robinson+Cole Recognized for Work on “Deals of the Year”

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      • October 18, 2016

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • August 15, 2016

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2017

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      • October 19, 2015

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • April 8, 2015

        Robinson+Cole Lawyer Patrick Birney Elected Vice Chair of Connecticut Lottery Corporation's Board

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      • October 17, 2014

        Robinson+Cole Lawyers Recognized by Super Lawyers

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      • November 21, 2013

        Connecticut Coalition Against Domestic Violence Names Six Robinson & Cole Lawyers Among its “First 100”

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      • November 7, 2013

        Connecticut Legal Services Honors Robinson & Cole for Pro Bono Domestic Violence Restraining Order Program

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      • August 30, 2013

        Patrick Birney Elected to Hartford County Bar Association’s Board of Directors

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      • January 11, 2011

        Robinson & Cole Elects New Partners

    • Legal Updates/Newsletters

      Legal Updates/Newsletters

      "An ‘Affiliate’ of a Public Company Is Barred from Reorganizing Under the Bankruptcy Code’s New Subchapter V" co-authored with Leslie J. Levinson and Annecca H. Smith (11/17/2020)

      "Distressed Investors' Unexpected Tool: Understanding the Small Business Reorganization Act and Changes Related to the CARES Act" co-authored with Endicott (Kit) Peabody IV and Leslie J. Levinson

      "Financially Distressed Businesses: Revisiting the Business Judgment Rule and the Entire Fairness Doctrine" co-authored with Shant H. Chalian

      "Bankruptcy Sale Order Won't Protect New GM from Ignition Switch Claims Due to Deficient Notice" co-authored with Michael R. Enright and Steven J. Boyajian