- Representing a private credit fund in an individual Chapter 11 case and related adversary proceeding arising from an alleged large-scale investment fraud scheme. The engagement involves contested proceedings, parallel government investigations and complex issues concerning asset tracing, entity valuations and fiduciary accountability (Bankr. D.N.J.). Concurrently representing the client in affiliated entities’ Chapter 7 proceedings where the same principal exercised control, addressing asset recoveries, governance breakdown and complex intercompany issues (Bankr. D. Del.).
- Representing the Guaranty Financial Group, Inc. liquidation trustee in connection with the Chapter 11 plan of liquidation of bank holding company Guaranty Holdings, Inc. that has resulted in distributions to trust beneficiaries in excess of $968 million to date (Bankr. N.D. Tex.).
- Representing a New York City real estate owner and developer in complex litigation arising from a former partner’s breaches of an operating agreement, handling all phases of the appeal, including briefing and oral argument before the U.S. Court of Appeals for the Second Circuit.
- Represented 225 Bowery LLC, the owner of a New York City boutique hotel (f/k/a an Ace Hotel), in its Chapter 11 case resulting in the confirmation of a plan of reorganization that restructured approximately $100 million of secured debt and preserved all equity interests (Bankr. D. Del.).
- Represented Qatar Airways and its subsidiary, Qatar Airways Investments (UK) Ltd., in connection with the Chapter 11 cases of LATAM Airlines Group S.A (Bankr. S.D.N.Y.).
- Represented a specialty lender with a senior secured interest on aircraft in connection with a federal receivership.
- Represented a leading lifestyle brand collective in its Chapter 11 cases to recapitalize approximately $1.8 billion in funded indebtedness. The lifestyle brand collective filed with a restructuring support agreement backed by its key funded debtholders, $435 million in debtor-in-possession financing, and a path to a quick and consensual emergence with a capital structure reduced by approximately $700 million.
- Represented the special committee of the board of directors of an oil and gas exploration and production company in connection with an investigation into pre-bankruptcy related-party transactions and analysis of potential claims, including potential fraudulent transfer and breach of fiduciary duty claims.
- Represented the independent manager of a power generation company in negotiating value allocation, resolution of intercompany claims, and an option for creditors to receive new common stock in the reorganized company.
- Represented a multinational corporation that designs and manufactures shoes, clothing, and accessories in the Chapter 11 case of a leading global designer, distributor and retailer of comfort footwear.
- Represented a media publication in their Chapter 11 cases, including the sale of the remaining material assets of the business through a Section 363 auction.
- Represented an implementer and administrator of co-pay adjudication programs in the Chapter 11 case of a specialty pharmaceutical company in connection with pre-bankruptcy transactions and analysis of potential claims, including potential fraudulent transfer claims.
- Represented an asbestos trust, established under the Chapter 11 plan of reorganization of a global engineering and construction company, responsible for establishing procedures for the resolution of asbestos claims and paying obligations of allowed asbestos claims from the cash proceeds in the asbestos trust and other available sources of funding.
- Represented a well-known fashion stylist and one of the largest unsecured creditors in the chapter 7 case of a former Victoria’s Secret model.
Kimberly Schiffman
Counsel,
- Phone: +1 212 210 9571
- Email: kimberly.schiffman@alston.com
Kimberly leverages her multidisciplinary background and deep restructuring experience to counsel clients in complex Chapter 11 proceedings, distressed transactions and related litigation, navigating intricate financial and legal issues with precision and an unwavering focus on advancing clients’ broader business objectives.