Jonathan Edwards is a partner on Alston & Bird’s Bankruptcy & Financial Restructuring Team. He represents a variety of clients in complex bankruptcy cases, workouts, debt restructurings, distressed acquisitions and dispositions, and complex commercial litigation.
Jonathan focuses his multidisciplinary practice on assignments combining traditional restructuring advice with transactional and major litigation work. He represents purchasers, debtors and other parties in bankruptcy sales; secured and unsecured creditors; CDO, CMBS, RMBS and indenture trustees; CMBS master and special servicers and CDO collateral managers; defendants in avoidance actions; and other parties. He also counsels and represents directors, officers, Chapter 7 trustees and others in complex bankruptcy and commercial litigation. Jonathan is also actively involved in advising clients on bankruptcy structuring issues in leveraged finance, securitization and structured finance transactions.
In 2015 and 2016, Jonathan was selected to the Georgia Super Lawyers Rising Star list. His article “The Crossroads: The Intersection of State Law Remedies & Bankruptcy” is quoted by several bankruptcy courts and the leading treatise on bankruptcy, Collier Guide to Chapter 11: Key Topics and Selected Industries.
- General outside counsel to one of the largest privately held commercial roofing distributors in the Southeast.
- General outside bankruptcy and creditors’ rights counsel to a leading environmental testing company in the U.S.
- General outside bankruptcy counsel to a $48 billion supply chain services leader that provides grocery, food service and supply chain solutions for convenience stores, mass merchants, drug stores and chain restaurants throughout the U.S.
- Lead bankruptcy counsel to a leading health care company in its distressed acquisition of Hutcheson Medical Center, a Georgia-based hospital.
- Lead bankruptcy counsel to one of the largest automotive parts distributors on the East Coast in connection with its distressed acquisition of substantially all the assets of Johnson Industries Inc., an Atlanta-based automotive parts distributor.
- Represents a special servicer in connection with a multimillion-dollar credit lease obligation in the Nortel U.S. and Canadian bankruptcy proceedings.
- Represents several CDO collateral managers, CDO trustees and indenture trustees in trust-preferred securities issuances involving numerous bank and non-bank holding companies, including representing the collateral manager in prosecuting $80 million in claims against a borrower in the New York Supreme Court, Commercial Division.
- Represented the U.S. subsidiary of a large yacht manufacturer located in the UK in connection with its Chapter 11 involuntary bankruptcy case.
- Counsel to one of the largest swine producers in Georgia in connection with its restructuring.
- Represented a UK pension fund regarding commercial litigation against a U.S.-based guarantor.
- U.S. counsel to British Virgin Islands liquidators in connection with several BVI fund liquidations.
- Appellate counsel to a special servicer before the Georgia Court of Appeals.
- Defended numerous avoidance actions (e.g., preferences, fraudulent transfer under the Bankruptcy Code and state law).
- Represented a global mobile phone manufacturer in the Eastman Kodak bankruptcy in connection with protection of its intellectual property rights and in connection with a Section 363 sale of over 6,000 patents in the Nortel bankruptcy and the protection of its intellectual property rights.
- Represented several high-net-worth investors in connection with fraudulent transfer claims alleged by a Chapter 7 trustee.
- Represents a large regional bank in connection with multiple real estate bankruptcies and workouts across the U.S.
- Represented the special servicer of a CMBS loan in Delaware with claims in excess of $160 million.
- Represents the trustees of a bank holding company in connection with tax refund litigation.
- Represented a secured lender in proposing and confirming two Chapter 11 creditor plans for a three-course, championship 54 hole golf complex and country club.
- Represented a German purchaser in connection with a Section 363 patent sale in the Moll Industries bankruptcy.
- Represented a publicly traded pharmaceutical company in its Chapter 11 case in the District of Delaware.
- Represents multiple financial institutions in connection with secured real estate transactions.
- Counsel to directors and officers in pending litigation concerning director and officer and avoidance claims.
"Involuntary Bankruptcies: The Basics and Recent Developments," The Review of Banking & Financial Services, Vol.33 No. 10, January 2017
The Second Circuit adds to its string of cases broadly interpreting the Section 546(e) safe harbor, closing a loophole in its protections. Our Bankruptcy & Financial Restructuring and Finance Groups explain how this is another positive sign for market participants.
April 12, 2016
This is the first in a series of reports from our Bankruptcy and Finance Groups examining the final recommendations of the American Bankruptcy Institute’s Commission to Study the Reform of Chapter 11.
December 15, 2014
“Understanding the Structure of Mezzanine Debt Generally,” Lexis Practice Advisor, July 2014.
“Recent Developments in Chapter 11,” Norton Annual Survey of Bankruptcy Law, Thomson Reuters, 2014.
A variety of methods may be appropriate, depending on the context, to value contingent or disputed assets or claims in solvency opinions. These include probability discount, hindsight, and traditional valuation of future earnings. Other more novel possibilities are the cost of insurance or Monte Carlo simulation. The authors discuss the cases, and the uses and limitations of the various methods.
“Recent Developments in Chapter 11,” Norton Annual Survey of Bankruptcy Law, Thomson Reuters, 2013.
April 19, 2013
“Recent Developments in Chapter 11,” Norton Annual Survey of Bankruptcy Law, Thomson Reuters, 2012.
- American Bankruptcy Institute
- Turnaround Management Association & NextGen-Atlanta, board
- CFA Institute’s Claritas® Investment Certificate