Oksana Koltko RosalukPartner
Oksana Koltko Rosaluk is a Restructuring Partner with more than twelve years of experience in the distressed space. Oksana’s practice consists of all aspects of company-side in-court and out-of-court restructurings, including reorganizations, going concern liquidations, asset sales, state liquidations and structured wind-downs, both within the U.S. and offshore. A significant focus of Oksana’s practice is cross-border restructurings (including chapter 15 representations of foreign debtors), for which she is well known in the industry.
Oksana represents companies across all sectors, although she has significant experience in retail, healthcare, tech/IP and professional services sectors as well as with distressed microfinance and FDIC receiverships.
Oksana’s success is fueled by her passion of working closely with companies and their constituency, being fully immersed in the financial and operational restructuring process alongside management and boards of directors, working together with financial advisors, investment bankers and strategic communications firms, untangling legal issues that straddle many disciplines (and often jurisdictions) and, ultimately, crafting the most optimal strategic solutions that best position businesses to maximize their enterprise value and for long-term success.
Oksana also leverages her deep knowledge of the distressed markets to bring strategic opportunities to various players in the field (through distressed acquisitions and investments, to name a few).
Representative (in-court) large Chapter 11 and Chapter 15 Debtor Cases include:
- In re North Channel Bank, GmbH & Co KG i. I., Case No. 23-11347 (Bankr. D. Del. 2023) (German Insolvency Proceeding)
- In re EYP Group Holdings, Inc., Chapter 11 Case No. 22-10367 (Bankr. D. Del. Apr. 24, 2022)
- In re Pennsylvania Real Estate Investment Trust, et al., Chapter 11 Case No. 20-12737 (Bankr. D. Del.)
- In re Arcadia Group (USA) Limited, [Top Shop Top Man], Case No. 19-11650 (Bankr. S.D.N.Y.) (English Administration Proceeding)
- In re SEL Manufacturing Co., Ltd., Case No. 19-10988 (Bankr. D. Del.) (Indian Insolvency Proceeding)
- In re Schletter GmbH, Chapter 15 Case No. 18-40169 (Bankr. W.D. N.C.) (German Insolvency Proceeding)
- In re Katy Industries, Inc., Chapter 11 Case No. 17-11101 (Bankr. D. Del.)
- In re Searchmetrics, Inc., Chapter 11 Case No. 17-11032 (Bankr. D. Del.)
- In re Abengoa S.A., Chapter 15 Case No. 16-10754 (Bankr. D. Del.) (Spanish Homologation Proceeding)
- In re Abeinsa Holding Inc., Chapter 11 Case No. 16-10790 (Bankr. D. Del.)
- In re Velti Inc., Chapter 11 Case No. 13-12878 (Bankr. D. Del.)
- In re Orchard Supply Hardware Stores, Inc., Chapter 11 Case No. 13-11565 (Bankr. D. Del.)
- In re Trident Microsystems, Inc., Chapter 11 Case No. 12-10069 (Bankr. D. Del.)
- In re PJ Finance Co., Chapter 11 Case No. 11-10688 (Bankr. D. Del.)
Significant Out-of-Court Restructurings include:
- Representation of a national retailer in its multi-year out-of-court restructuring
- Representation of a global logistics group in its divisional going concern sale to several buyers
- Representation of one of the largest microfinance companies in the world in out-of-court negotiations with its lenders with respect to its distressed foreign subsidiaries
Significant Bankruptcy-Related Litigation Representations include:
- In re Corus Bankshares, Inc., Chapter 11 Case No. 10-26881 (Bankr. N.D. Ill.) – representation of FDIC-Receiver in a dispute over the priority of debt, i.e., a tax refund of US$265 million
- Corus Bankshares, Inc. v. FDIC-Receiver, AP No. 10-01362 (Bankr. N.D. Ill.), reference withdrawn, Civil Case No. 10-005654 (N.D. Ill.) – representation of FDIC-Receiver in a dispute over the ownership of a tax refund
- Corus Bankshares, Inc. v. FDIC-Receiver, AP No. (Bankr. N.D. Ill.), reference withdrawn, Civil Case No. 11-00053 (N.D. Ill.) – representation of FDIC-Receiver in its objection to the FDIC-Receiver's proof of claim
- Rodriguez v. FDIC-Receiver, AP No. 14-01191 (Bankr. D. Colo.) – representation of FDIC-Receiver in a dispute over the ownership of a tax refund
University of Illinois Chicago School of Law, JD (Summa Cum Laude)
Editor in Chief of the Law Review
- Ivan Franko National University of Lviv, BA, International Relations
Specialization: Diplomacy and International Organizations
- Distressed M&A Deal of the Year (Global M&A Network - EYP Group Holdings)
- INSOL International: The Next 40 Rising Star award
- American Bankruptcy Institute: 40 under 40 Honoree of the Inaugural Class
- Distressed M&A Deal of the Year (12th Annual Turnaround Award – Katy Industries)
The Most Significant Matters Demonstrating Oksana's Commitment to Pro Bono:
- Clemency Project - spearheaded the project within DLA, growing the team to over 100 lawyers and handling over 140 cases, which resulted in over 7,000 volunteer hours and a call from White House counsel, thanking the team for commitment. The project won the Justice Seymour Simon Award, given annually to one outstanding project.
- Serving Those Who Served Us Project – successfully represented a World War II Veteran who was denied benefits for a decade because the Veteran’s Administration failed to locate documents to prove that he had served his country.
- Advancing Education’s Project – successfully represented a struggling father who owed hundreds of thousands of dollars in erroneously calculated child support.
- "The Consolidated Appropriations Act of 2021: Temporary amendments to the Bankruptcy Code," January 25, 2021 (with Richard A. Chesley)
- "Commercial bankruptcy practice in the US today: Chapters 11 and 15," January 29, 2020 (with Rachel Albanese)
- "US: Chapter 11," America's Restructuring Review 2020, Law Business Research: December 2019 (with Rachel Albanese)
- "US Supreme Court asked to resolve critical trademark licensing issues in bankruptcy," July 20, 2018 (with Richard A. Chesley)
- "Protection of Intellectual Property Rights in Insolvency Proceedings," INSOL International, November 2017 (with Richard A. Chesley)
- Speaker, "Hedging risk in a distressed environment," Consumer Goods and Retail speaker series, September 21, 2023
- Speaker, "Changes on the horizon? A look at Bermuda's legislative reforms, Bermuda Seminar," INSOL International, June 2023
- Speaker, Legal Mentor Transactional Bootcamp Series - Session 1, DLA Piper, 2023
- "Contentious EYP Group Ch. 11 Plan Quietly Confirmed In Del.," Law360, November 1, 2022
- "Architecture Firm Reaches Deal On Ch. 11 Plan Documents," Law360, September 6, 2022
My latest insights
Consumer Goods and Retail speaker series: Hedging risk in a distressed environment
21 September 2023 .2 minute read
DLA Piper receives USA Distressed M&A Deal of the Year Award from Global M&A Network,...
28 April 2023 .2 minute read