
Moore & Van Allen, PLLC
United States
Lawyers

Zachary H. Smith
Moore & Van Allen, PLLC, United States
- Phone704.331.1046
- Email[email protected]
Work Department
Co-head of Bankruptcy & Financial Restructuring
Position
Zach is a nationally recognized restructuring lawyer with more than 20 years of experience in complex restructurings, representing a broad spectrum of stakeholders in special situations and bankruptcy proceedings. Before joining MVA in 2013, Zach was a partner in the restructuring practice of an international law firm based in New York City. Zach’s practice covers transactional and litigation, and encompasses representations such as:
- Private equity sponsors and their portfolio companies in out-of-court distressed M&A transactions.
- Independent directors and special committees in distressed M&A transactions.
- Purchasers of distressed businesses and their assets.
- Corporate debtors in all aspects of complex chapter 11 proceedings, including chapter 11 litigation.
- Financial institutions, special situation funds, and direct lenders in the restructuring and exit of troubled credits.
- Stakeholders in cross-border insolvency situations.
- High net worth individuals and family offices in risk mitigation and management, transaction structuring, and transaction execution associated with distressed investment opportunities and special situations.
- Puerto Rico-based financial institutions, private equity investors, and distress investors.
Zach is an adjunct professor at Duke University Law School where he teaches courses in corporate restructuring, chapter 11, distress investing, and structuring of financial transactions.
Representative Experience
- Pacific Investment Management Company (PIMCO), as sponsor, secured lender, and DIP lender, in the Agspring Mississippi Region chapter 11 cases in Delaware
- PIMCO, as JV counterparty, in connection with the LStar Management federal receivership in North Carolina
- CBRE, Inc., as court-appointed receiver of the EpiCentre, a large mixed-use development including shopping center, office, and hotels in uptown Charlotte
- CBRE, Inc., as court-appointed receiver of various distressed real estate projects
- Largest Southeast-based franchisee of Sonic Drive-In and MOD Pizza restaurants in chapter 11 cases in Charlotte, North Carolina
- Filip Technologies, Inc. and certain domestic and foreign affiliates in chapter 11 cases in Delaware
- Ares Management as owner of a distressed energy project in New Jersey, in a comprehensive out of court restructuring involving $500+ million of senior debt held by international banks
- National healthcare portfolio company Joerns Healthcare in a comprehensive out-of-court restructuring
- Well-known family office as equity owners of a company with toxic tort liabilities in a receivership in North Carolina
- Private equity sponsors in the restructuring, sale, and other strategic transactions involving distressed portfolio companies
- Aircraft lessor in the Spirit Airlines chapter 11 case in the Southern District of New York
- International bidder in going concern 363 process in the Big Lots chapter 11 case in the District of Delaware
- Largest creditor of multi-company insurance business in chapter 11 cases in the Southern District of Florida
- Ares Management as secured lender in the Southern Produce and Imperial Frozen Foods chapter 11 cases in Eastern District of North Carolina
- Private equity sponsor Putnam Bridge Funding, in its acquisition of Marina Puerto del Rey and a major San Juan-based real estate project through chapter 11 cases in Puerto Rico
- The Government Development Bank for Puerto Rico in its liquidation under Title VI of The Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA)
- FirstBank Puerto Rico as agent bank in several complex restructurings, including the Gatsby Stores chapter 11 cases in the District of Puerto Rico, the restructuring of a major Puerto Rico-based hotel and convention center, the chapter 11 case of Doral Financial Corporation, the restructuring of the Puerto Rico Electric Power Authority, and the cross-border insolvency proceedings of the Scrub Island resort (simultaneous proceedings in the British Virgin Islands and Florida)
- United States Department of Treasury and the Presidential Task Force with respect to the restructuring of General Motors
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