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Theresa Foudy

Work +1.212.940.3800

Work Department

Insolvency and Restructuring


Theresa Foudy focuses her practice on high-stakes bankruptcy litigation matters, representing Chapter 11 debtors, creditors' committees, indenture trustees, secured and unsecured creditors, shareholders, and distressed investors in all stages of litigation, up to and including trial and appeal. She has particular experience with the nuances of Chapter 11 cases, including preferences, fraudulent conveyances, equitable subordination and disallowance, subordination under section 510(b) of the Bankruptcy Code, disallowance under section 502(d) of the Bankruptcy Code, intercreditor agreement contractual disputes, substantive consolidation, valuation disputes, perfection and validity of security interests, derivative standing disputes, and plan confirmation objections. Theresa also advises clients in responding to Bankruptcy Rule 2004 examinations.

Theresa previously served as an appellate attorney in the Manhattan District Attorney's Office, where she argued cases before the US Court of Appeals for the Second Circuit and the New York Court of Appeals, along with being the office's Civil Litigation Coordinator. She also clerked for the Honorable Dolores Sloviter, Chief Judge of the US Court of Appeals for the Third Circuit.


JD, New York University,1993; BA, State University of New York,1990

United States: Finance

Restructuring (including bankruptcy): corporate

Within: Restructuring (including bankruptcy): corporate

Katten is experienced in representing financial institutions and lender groups in restructuring and bankruptcy-related financings, including DIP financing. The firm is also known for its work with indenture trustees relating to credit default administration and subsequent litigation, as well as for acquiring and selling assets of companies in distress. Chicago-based John Sieger leads a national practice with offices in Illinois, California and New York. The New York office was recently boosted by the arrival of a team from Curtis, Mallet-Prevost, Colt & Mosle LLP, including the 'exceedingly sophisticated' Steven Reisman (now head of insolvency and restructuring in New York), Theresa Foudy, Cindi Giglio, Shaya Rochester and corporate specialist Evan Borenstein. Also notable in the 'strong team' is Craig Barbarosh, who splits his time between Orange County and New York, and was lead counsel to Wilmington Trust, the indenture trustee with respect to $200m of notes issued by Canadian company Nortel Networks; the complex, cross-border matter relates to an allocation dispute involving more than $7bn of the company’s sale proceeds that was litigated in joint trial proceedings in the US Bankruptcy Court for the District of Delaware and the Ontario Superior Court of Justice. In another highlight, the team is representing a joint venture comprising Gordon Brothers Retail Partners and Hilco Merchant Resources in the Chapter 11 of retailers Brookstone Holdings and Samuels Jewelers pending in the Bankruptcy Court for the District of Delaware; the team successfully resolved the various objections filed against store closing sales, as well as litigating the application of Section 327 of the Bankruptcy Code to the joint venture.

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