Oksana Koltko Rosaluk

Partner
About

Oksana Koltko Rosaluk concentrates her practice on corporate restructuring and has been actively involved in numerous complex restructuring matters on behalf of the firm's clients. Oksana's work includes out-of-court corporate restructurings, domestic and foreign wind-downs, all aspects of in-court large and complex chapter 11 and chapter 15 debtor representation, including asset sales, confirmation of chapter 11 plans of reorganization and liquidation, resolution of claims and prosecution and defense of adversary proceedings, and bankruptcy-related litigation.

Oksana's experience also includes engaging with clients during initial periods of financial distress, attending board meetings to discuss potential strategies, such as new money infusion, out-of-court workout strategies with secured lenders and potential in-court restructurings, researching procedural and substantive legal issues, preparing memoranda, transaction documents and court pleadings, as necessary, to effectuate and consummate restructuring, and attending court hearings and presenting motions and arguments to the court.

Areas of FocusFinanceRestructuring
Bar admissionsIllinois

EXPERIENCE

Representative (in-court) large Chapter 11 and Chapter 15 Debtor Cases include:
  • 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:
  • Network Global Logistics – representation of the group in its going concern sale to three buyers
  • FINCA Microfinance Holding Company, LLC – 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 subsidiary
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
Languages
  • English
  • Ukrainian
  • Russian
  • Polish
Education
  • J.D., John Marshall Law School 2010
    Editor in Chief, The John Marshall Law Review
    summa cum laude
  • B.A., International Relations, Ivan Franko National University  of Lviv

    Specialization: Diplomacy and International Organizations
    Highest Honors

Awards

  • INSOL International: The Next 40 Rising Star award
  • American Bankruptcy Institute: 40 under 40 Honoree of the Inaugural Class 

Pro Bono

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.

Publications

  • Richard A. Chesley and Oksana Koltko Rosaluk, "Protection of Intellectual Property Rights in Insolvency Proceedings," INSOL International, November 2017
  •  "US: Chapter 11," America's Restructuring Review 2020, Law Business Research: December 2019 (with Rachel Albanese)

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