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Overview
ERIC HELPS CLIENTS IN WORK-OUT, PRE-BANKRUPTCY PLANNING, AND THE CHAPTER 11 REORGANIZATION OR LIQUIDATION PROCESS.
Eric is a partner and co-chair of the Finance and Restructuring group. He regularly represents a variety of constituents, including both public and non-public companies, throughout many stages of work-out, pre-bankruptcy planning, and the Chapter 11 reorganization or liquidation process. He is counsel to significant creditors, official committees, and lenders in bankruptcies and out-of-court restructurings. Eric's background as a trial lawyer adds to his abilities to counsel clients both in distressed and healthy litigation and corporate settings.
Eric has and continues to try cases in both federal and state courts, including the Delaware Court of Chancery. Eric also has been lead counsel in appeals to the Courts of Appeals for the Second, Third, and Fifth Circuits. Eric's litigation work in the restructuring field brings an important perspective to his corporate finance clients. Eric represents sellers and buyers of a variety of distressed assets in and outside of bankruptcy, including operating companies, real estate, fixed assets, and distressed debt.
Education & Admissions
American University Washington College of Law (J.D., 1997), magna cum laude; Law Review
Grinnell College (B.A., Political Science, 1991)
Admissions
- New York
- Pennsylvania
- Delaware
- New Jersey
- U.S. District Court for the District of Delaware
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Southern and Eastern Districts of New York
- U.S. District Court for the Western and Eastern Districts of Pennsylvania
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fifth Circuit
Experience
Representative Work
- Lead counsel to Akumin Inc. and its affiliates in connection with their $1.45 billion bankruptcy case filed in the Southern District of Texas resulting in a prepackaged bankruptcy approved within 38 days of the filing that implemented a substantial deleveraging of the debtors’ funded debt from $1.45 billion to $855 million.
- Lead counsel to Chair of the Official Committee of Unsecured Creditors in the Boy Scouts of America’s historic multi-billion dollar bankruptcy case filed in the Bankruptcy Court for the District of Delaware resulting in a landmark approximately $2.5 billion settlement fund for survivors of sexual abuse.
- Lead counsel to equity holders in connection with CWT’s $1.6 billion bankruptcy case filed in the Southern District of Texas resulting in a prepackaged bankruptcy approved within one day of the filing.
- Lead Counsel to Kvaerner North American Construction Inc. relating to its approximately $240 million first priority mechanics’ lien in Longview Power, LLC’s over $1 billion bankruptcy filing in the Bankruptcy Court for the District of Delaware.
- Lead Counsel to U.S. Bank National Association as a trustee to an approximately $200 million indenture in Patriot Coal Corporation’s over $3 billion bankruptcy filing and subsequent confirmed plan of reorganization in the Bankruptcy Courts for the Southern District of New York and subsequently the Eastern District of Missouri.
- Lead Counsel to GMAC-RFC as member of Creditors' Committee and Plan Advisory Committee in New Century TRS Holdings' $35 billion bankruptcy filing and subsequent confirmed plan in the Bankruptcy Court for the District of Delaware.
- Lead Counsel to U.S. Bank National Association as a trustee to an approximately $200 million indenture in Trico Marine Services Inc.’s over $1 billion bankruptcy filing and subsequent confirmed plan in the Bankruptcy Court for the District of Delaware.
- First chair in a three-day trial on behalf of a liquidating trust relating to an avoidance action before the United States District Court of Delaware involving nine witnesses, including two expert witnesses, which resulted in the entry of a multi-million dollar judgment for the liquidating trust.
News & Resources
Articles
July/August/September 2021
DAT 2020
September 2016
July 19, 2016
News & Press Mentions
August 15, 2024
August 17, 2023
February 27, 2020
August 15, 2018
December 21, 2017
August 15, 2017
August 15, 2016
August 17, 2015
March 26, 2014
November 15, 2013
Events & Speaking Engagements
March 6, 2024
December 8, 2020
October 16, 2008
Select Presentations
- “Law of Bankruptcy Venue” guest lecturer, University of Illinois College of Law, 2013
- "Current and Trending Topics in Brand, Famous Personality and Character Licensing: Development to Bankruptcy" panelist, New York State Bar Association Entertainment, Arts and Sports Law Section Annual Meeting, 2012
- "Mergers and Acquisitions and Capital Markets: Take the Plunge or Stay on the Sidelines?" panelist, Dorsey Symposium for Corporate Leaders in New York City, 2011
- "Business as Unusual? Living with the Credit Crunch and Its Fallout," panelist, Dorsey Symposium for Corporate Leaders in Seattle, 2009
- "You Be the Judge: Two Dueling Expert Witnesses in a Mini Preference Trial," panelist, Annual Credit Congress of National Association of Credit Management in Las Vegas, 2007
- "Venue: One Person's Trash is Another's Treasure -- The Effect of Circuit Splits on Forum Selection," panelist, Commercial Law League Meeting in Chicago, 2007
- "Preference Actions: Guilty Until Proven Innocent," panelist, Commercial Law League NYC meeting, 2006
- "Utilities and BAPCPA: Who's Got the Power Now?," panelist/moderator, ABA Fall Business Section Meeting in San Francisco, 2006
- "Creditors' Rights and Remedies Subsequent the Enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005," speaker, Lorman Education Services Seminar in Delaware, 2006
- "Software License Portfolios in Bankruptcy Transactions: Don't Forget Your Desktop!" panelist/moderator, ABA Spring Business Section Meeting in Seattle, 2004
Industries & Practices
Bankruptcy & Financial Restructuring
Explore This Practice View client achievements related to this practice View resources related to this practiceBanking & Financial Institutions
Explore This Practice View client achievements related to this practice View resources related to this practiceDevelopment & Infrastructure
Explore This Practice View client achievements related to this practice View resources related to this practiceEnergy & Natural Resources
Explore This Practice View client achievements related to this practice View resources related to this practiceHealthcare & Life Sciences
Explore This Practice View client achievements related to this practice View resources related to this practice- Banking & Financial Institutions
- Bankruptcy & Financial Restructuring
- Corporate Trust Services
- Development & Infrastructure
- Energy & Natural Resources
- Healthcare & Life Sciences
Professional & Civic
Professional Achievements
- American Bankruptcy Institute
- Delaware Bankruptcy Inn, American Inns of Court
- Multicultural Judges and Lawyers Section, Delaware State Bar Association
Community Involvement
- Board of Directors of Wilmington Montessori School, 2004-2010
- Attorney Advisor for Delaware Futures Team in the Delaware State Mock High School Trial Competition (2005-2007)
