Ms Theresa Foudy > Katten > New York, United States > Lawyer Profile

Katten
575 MADISON AVENUE
NEW YORK, NY 10022-2585
United States
Theresa Foudy photo

Work Department

Insolvency and Restructuring

Position

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.

Education

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

Lawyer Rankings

United States > Finance > 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.

Curtis, Mallet-Prevost, Colt & Mosle LLP has ‘strong all-round bankruptcy capabilities‘ and a leading international insolvency practice that spans issues in Mexico, Canada and Europe. The New York-based team also specializes in Chapter 11 litigation, particularly for indenture trustees and multinational corporations. ‘Hardworking star individual‘ Lynn Harrison III leads the ‘diligent and responsive‘ practice, which includes recently promoted partner James Drew. The team is acting as conflicts counsel to the Lehman reorganized debtors in their Chapter 11 bankruptcy cases, handling all bankruptcy, corporate and litigation-related matters where the debtors’ lead bankruptcy counsel has an actual or perceived conflict of interest. In 2018, the department achieved a $1.74bn recovery to the Lehman estate upon a settlement with Citibank. In another highlight, the group is representing Connecticut brokerage CRT Capital Group in connection with the Chapter 15 proceedings of Luxembourg-based SLS Capital and various related litigation. In July 2018, the practice filed a motion seeking details of all proceeds SLS’s foreign representative Yann Baden had obtained in the US, discovering that he collected nearly $20m and had distributed it without the permission of the US Bankruptcy Court for the Southern District of New York. In August 2018, Judge Shelly Chapman held that Baden had violated the US Bankruptcy Code and ordered him to return almost $3m of funds. Steven Reisman, Theresa Foudy, Cindi Giglio and Shaya Rochester left the firm for Katten Muchin Rosenman LLP in March 2018.