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Dennis O'Donnell

Dennis O'Donnell

Partner
About

Dennis has extensive experience in corporate reorganization and bankruptcy-related litigation matters.

He represents debtors, lenders, official and unofficial committees, significant creditors, equity holders, examiners, and acquirors in chapter 11 cases, chapter 15 cases, loan restructurings and out-of-court workouts. He has played significant roles in some of the largest and most complex chapter 11 cases of the past 30 years, including Maxwell Communications, Olympia & York, Enron, Refco, Lehman Brothers, TOUSA, Arcapita, Momentive, ResCap, Relativity, LightSquared/Ligado, and Avianca. He has also written and spoken extensively on current chapter 11, chapter 15, real estate foreclosure and enforcement, and broker/dealer liquidation issues and developments. 

Dennis has appeared in federal courts throughout the US, including before the United States Supreme Court, the Second Circuit of Appeals, the Third Circuit of Appeals and numerous district and bankruptcy courts. 

Bar admissionsNew York
CourtsSupreme Court of the United StatesUnited States Court of Appeals for the Second CircuitUnited States Court of Appeals for the Third CircuitUnited States Court of Appeals for the Ninth CircuitUnited States District Court for the Southern District of New YorkUnited States District Court for the Eastern District of New YorkUnited States District Court for the Eastern District of MichiganUnited States District Court for the Western District of Wisconsin

EXPERIENCE

  • Represented the official committees of unsecured creditors in the chapter 11 cases of Verity Healthcare, Intelesat, Mossi & Ghisolfi USA Corp., Arcapita Bank, Lehman Brothers, LightSquared, Great Atlantic & Pacific Tea Co., Refco, Enron, Winn-Dixie and Intermet
  • Represented the debtors in chapter 11 cases of the Avianca, Remington, Gymboree, Lernout & Hauspie, RCM Global, Hagerstown Fiber, WRT Energy and Rexene
  • Represented ad hoc committees of note holders or lenders in chapter 11 cases or out-of-court restructurings related to Vertellus, QGOG, Stearns Lending, Momentive, MPower, Maxim Crane, Horizon Natural Resources, Geo Specialty Chemicals, Delta Air Lines and TOUSA
  • Represented agents and/or secured lenders in various out-of-court restructurings or chapter 11 cases, including those of Berlian Laju Tanker Tbk, J&M/National Stores, Great Basin Gold, ResCap, Journal Register, Grede Foundries, Polymer Dynamics, HomeBanc, Maxim Crane, MPower, Seitel, Interco, Zale and Leslie Fay
  • Represented hedge fund clients as significant stakeholders and/or potential plan funders/asset acquirors in the chapter 11 cases of Boart Longyear, Berlian Laju Tanker Tbk, Solar Trust of America, Magellan Health Services, WestPoint Stevens, F.A.O Schwarz, Interstate Bakeries and Seitel
  • Represented avoidance action defendants, including YPF, an Argentinean conglomerate, in the chapter 11 cases of Maxus Energy; a group of 19 major financial institutions in the chapter 11 cases of TOUSA; and Barclays Bank in the chapter 11 cases of Maxwell Communications plc
  • Represented foreign representatives and other significant stakeholders as foreign debtors in chapter 15 cases involving Usina de Açúcar Santa Terezinha, Boart Longyear, Emas Offshore, QGOG, Berlian Laju Tanker Tbk, Vitro S.A.B. de C.V, Sino Forest, Lehman Brothers Bankhaus and SPhinX, Ltd.; the multi-jurisdictional protocol implemented with 22 foreign affiliates in the Lehman Brothers chapter 11 cases; and pre-chapter 15 transnational protocols in the chapter 11 cases of Maxwell Communications, Olympia & York and Lernout & Hauspie
  • Represented the corporate governance examiner in the Olympia & York chapter 11 cases
Education
  • J.D., Yeshiva University’s Benjamin N. Cardozo School of Law
  • B.A., Haverford College

Bylines

  • Co-author, "Expert Q&A on the FTX Bankruptcy: What Parties Can Expect," Thomson Reuters Practical Law, December 8, 2022
  • "Pre-packaged Chapter 11 in the United States: An Overview," Global Restructuring Review, December 2019
  • "Cross-Border Restructuring in the U.S.: Chapter 15 Approval of Third-Party Releases Granted in Foreign Proceedings," International Insolvency and Restructuring Report 2019-2020
  • "Subchapter III Stockbroker Liquidation Overview of Stockbroker Liquidation Provisions (Bankruptcy Code §§ 741-753)(Bankruptcy Code §§ 741–753)," 5 Collier on Bankruptcy, 2020
  • "Prepackaged Chapter 11 Plans in the U.S.," The Art of the Prepack, 2019
  • "Transnational Alternatives: Growing Role of Alternative Dispute Resolution in Transnational Insolvency Cases," International Insolvency Institute, 2015

Seminars

  • "Understanding Trends in Life Sciences: Navigating 2023 Challenges," DLA Piper, May 2023
  • "Secured Creditor Issues in Chapter 11 Bankruptcies: Basics and Overview of Recent Developments," 2019 New York City Bankruptcy Conference, May 2019
  • "Momentive Aftermath: A Detailed Analysis of Bankruptcy Court and Second Circuit Decisions," 2018 New York City Bankruptcy Conference, May 2018
  • "Current Issues in the Energy Sector," 2016 New York City Bankruptcy Conference, May 2016
  • "Great Debates: Resolved: Committee Member Fees Are Not Payable as Part of Chapter 11 Plan," 33RD Annual Spring Meeting, April 2015
  • "Multi-Debtor Cases," 2014 New York City Bankruptcy Conference, May 2014
  • "Creditors’ Committees, Indenture Trustees and Related Issues–Committee Information and Disclosure Issues," 31ST Annual Spring Meeting, April 2013
  • "Energy Restructuring: Oil, Gas, Coal, Solar, Wind & Power Generation," 2013 New York City Bankruptcy Conference, May 2013
  • "Not So Remote After All: Bankruptcies of So-Called "Bankruptcy Remote” Special Purpose Entities and Other Structured Vehicles," 2012 New York City Bankruptcy Conference, May 2012
  • "From Bench to Bar and Back,” Second Circuit Education and Events Committee, October 2015 
  • "To Skip or Not to Skip: Jevic and its Exceptions,” American College of Bankruptcy/NYU School of Law Roundtable Presentation, April 2018
  • "Viva Mexico: Domestic and International Restructurings "South of the Border,'" 14TH Annual Conference, Mexico City, June 2014
  • "International ADR 2.0: Big Solutions for Big Problems," International Insolvency Institute’s 12TH Annual Conference, Paris, June 2012
  • "Coordination of Multinational Corporate Group Insolvencies:  Solving the COMI Issue," International Insolvency Institute’s 10TH Annual Conference, Rome, June 2010

Memberships And Affiliations

  • New York City Bar Association
  • American Bankruptcy Institute
  • International Insolvency Institute

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