Colin Bernardino focuses his practice on bankruptcy and insolvency matters. Mr. Bernardino represents committees, creditors and debtors in both workouts and bankruptcy proceedings. Mr. Bernardino also represents receivers, trustees and other estate fiduciaries in fraud investigations and related litigation.
Professional & Community Activities
American Bankruptcy Institute, Member
Atlanta Bar Association, Member
The Dartmouth Club of Georgia, President and Alumni Interviewer
Clerkships
U.S. District Court for the Middle District of Georgia - Honorable Wilbur D. Owens, Jr. (Aug 1999-Aug 2001)
Experience
In re OneStar Long Distance, Represented the creditors' committee and now Chapter 7 trustee for OneStar Long Distance Inc. in connection with liquidation of assets of a large Midwestern long distance reseller with more than $50 million in unsecured debt. Case pending.
In re OneStar Long Distance, Inc., Case No. 03-72697 (Bankr. S. D. Ind. filed Dec. 31, 2003).
Representation in Chapter 11 bankruptcy cases for domestic textile manufacturer *, Represented a domestic textile manufacturer, and its subsidiaries in their Chapter 11 bankruptcy cases. After less than one year in bankruptcy, the court confirmed a plan of reorganization that restructured a term loan and a revolving credit facility and senior notes, and allowed the reorganized debtors to restructure its operations in a more profitable fashion. The representation also involved significant litigation with trade creditors and the debtors' secured lenders.
Pro bono legal services for Atlanta Habitat for Humanity Inc., Represented Atlanta Habitat for Humanity Inc., on a pro bono basis, with regards to its status as a secured creditor in various bankruptcy proceedings.
In re Hospital Damas Inc., Represent creditors' committee in Chapter 11 bankruptcy of Hospital Damas, Inc.
In re Hospital Damas, Inc., No. 10-08844 (Bankr. D.P.R. filed Sept. 24, 2010).
Chapter 11 bankruptcy case for International Management Associates LLC, Represented the Chapter 11 trustee and later plan trustee in the Chapter 11 bankruptcy cases of International Management Associates LLC and its affiliated debtors. The firm assisted the trustee with investigation of a Ponzi scheme with losses of more than $70 million. Litigating against third parties as well as redeemers of false profits and fictitious return of principal investments, the firm obtained confirmation of the plan of liquidation resulting in appointment of the client as plan trustee. After evidentiary hearing, the firm obtained an order resulting in substantive consolidation of debtors over objection of an investor, which order was affirmed after appeal by the investor.
In re Vesta Insurance Group, Represented the creditors' committee and now plan trustee for Vesta Insurance Group Inc. in connection with its liquidation. The firm assisted with reaching a complex multimillion dollar claim settlement with the Texas Insurance Commissioner. The plan trustee obtained a multimillion dollar settlement of a lawsuit handled by the firm against former officers for breach of fiduciary duties.
In re Vesta Insurance Group, Inc., Case No. 06-02517 (Bankr. N.D. Ala. filed July 18, 2006).
Secured creditor representation of a national sporting goods retailer *, Represented a national sporting goods retailer as a secured creditor in a Chapter 11 bankruptcy case of a major sporting goods supplier. Pursued claims against the debtor arising from client's pre-bankruptcy purchase of debtor's sporting goods business. Litigated claims and ultimately obtained a settlement to recover funds being withheld by the debtor.
*Experience gained by attorney prior to joining Kilpatrick Townsend
Publications
02 December 2005, Committee Confidentiality?
Source: The National Law Journal, Articles
News
29 March 2011, Photos of Kilpatrick Townsend Partners Giving Back to the Community at Recent Partners' Retreat, News Releases
17 June 2010, Kilpatrick Stockton's Colin Bernardino and Vanessa Blake Elected to Leadership Positions in The Dartmouth Club of Georgia, News Releases
24 August 2009, Kilpatrick Stockton Elects New Partners, News Releases