Hollace has practiced in the bankruptcy and corporate reorganization areas for over 35 years representing creditors' committees, bondholders, indenture trustees, debtors, debtor-in-possession financiers, secured and unsecured debtholders, lessors and trade creditors in numerous proceedings under the Bankruptcy Act and Bankruptcy Code. Hollace has extensive experience in representing debtors, indenture trustees, and bondholders in out-of-court restructurings and prepackaged plans. She has sat, as her client's representative, on numerous creditors' committees and has broad experience in negotiating, formulating, and drafting plans of reorganization in complex bankruptcy cases. Hollace has represented acquirers of assets or stock of debtors in numerous bankruptcy proceedings. Hollace also provides advice with respect to the treatment of forward contracts, swap agreements and other financial contracts under the United States Bankruptcy Code, Federal Banking Laws and the New York State Banking Law and the Dodd-Frank Act.
Representative Experience
Representation of the Ad Hoc Committee of Yosemite/CLN Noteholders in the Enron Corp., et al. Chapter 11 cases.
Representation of the Ad Hoc Steering Committee of Unsecured Creditors of Fairfield Residential LLC et al.
Representation of the Official Committee of Unsecured Creditors in the Chapter 11 cases of American Pad & Paper LLC, Hedstrom Holdings, Inc., and eLot, Inc.
Representation of the debtors in the Perkins and Marie Callender's Inc., et al. Chapter 11 cases.
Representation of the Official Committee of Equity Securityholders in the Public Service Company of New Hampshire Chapter 11 case.
Representation of the Official Committee of Retirees in the Lone Star Industries, Inc. Chapter 11 case.
Representation of the Debtor-in-Possession Lender in the Adelphia Business Solutions, Inc. Chapter 11 case.
Representation of the bondholders committee in the Senior Living Choices Inc., Ames Department Stores, Inc., G. Heilman Brewing Company, Inc., Fishers Big Wheel, Inc., and Highland Superstores, Inc. Chapter 11 cases.
Representation of Indenture Trustee for Floating Rate First Priority Senior Secured Notes and Collateral Agent First Priority Lien Debt in the ION Media Networks, Inc. et al. cases.
Representation of the Indenture Trustee for Convertible Senior Debentures in the LandAmerica Financial Group, Inc., et al. Chapter 11 cases.
Representation of the Indenture Trustee for Convertible Senior Subordinated Notes in the Apex Silver Mines Limited, et al. Chapter 11 cases.
Represented indenture trustees in numerous other Chapter 11 cases including, The Claridge Hotel and Casino Corporation, The Penn Traffic Company, Lionel Corporation, Johns-Manville Corporation, The Charter Company, Frontier Airlines, Inc., Continental Airlines Inc., SPI Holdings, Inc., and Spectravision, Inc. Also represented indenture trustees in cases under the Bankruptcy Act, including Equity Funding Corporation of America and W.T. Grant Company.
Representation of creditors in the Lehman Brothers Holdings, Inc. et al, Chapter 11 cases, including counterparties to derivative contracts and a plaintiff in an adversary proceeding.
Represented equipment lessors in numerous Chapter 11 cases, including Midway Airlines, Inc., Delta Airlines, Inc., Itel Corporation, Itel Rail Corporation, North American Car Corporation, and CIS Corporation.
Representation of the debtors in Rocky Mountain Helicopters, Inc. and Andover Togs, Inc.
Represented Alliance Energy Renewables, LLC in its acquisition from Mirant New York, Inc. of the 100% membership interest of Mirant NY-Gen LLC, the owner of five power plants in upstate New York, in the Mirant Corp., et al Chapter 11 cases.
Represented bidder for unfinished power plant in the Calpine Corporation Chapter 11 cases in which client as unsuccessful bidder was awarded a multi-million dollar bidding incentive fee.
Represented several utilities in the Calpine Corporation, et al. Chapter 11 cases in respect to numerous relationships with Calpine debtors, including tolling agreements, power purchase agreements and trading contracts.
Counseling counterparties to forward contracts, interest rate swaps, and foreign exchange transactions with respect to their rights of early termination and close-out netting and to return of their posted collateral in various Chapter 11 cases.
Presentations and Speaking Engagements
Speaker, University of Richmond Law Review's 2011 Allen Chair Symposium, presenting on the Orderly Liquidation Authority under the Dodd-Frank Wall Street Reform and Consumer Protection Act, April 6, 2011.
Speaker, ABA Business Bankruptcy Committee Webinar, "The New Financial Reform Act: What Does It Mean?" Concerning Title VII of the Dodd Frank Act-Regulation of Over-the-Counter Derivatives, August 11, 2010.
Speaker, Troutman Sanders LLP Webinar, "The Dodd Frank Wall Street Reform and Consumer Protection Act," Title II - Orderly Liquidation Authority, July 29, 2010.
Speaker, IECA Summer 2005 Meeting, Presentation to the Gas Liquid & Electricity Credit Group entitled "The 2005 Bankruptcy Act: Forward Contracts, Swap Agreements and Master Netting Agreements, Oh My!"
Hollace Cohen has been a panelist at meetings of the American Bar Association, International Bar Association and National Association of Bond Lawyers speaking on topics relating to the rights and duties of bondholders and indenture trustees. She participated in the drafting of the Revised Model Simplified Indenture as a member of the ABA Committee on Trust Indentures and Indenture Trustees.
Publications
"Orderly Liquidation Authority: A New Insolvency Regime to Address Systemic Risk," University of Richmond Law Review, Vol. 45, No. 4 (May 2011).
"Is the Philadelphia Newspapers, LLC Decision the Death Knell to Credit Bidding in a Sale Under a Plan?" Norton Journal of Bankruptcy Law and Practice, Vol. 20, No. 1 (2011).
"The Absolute Priority Rule Revisited - How Absolute Is It?" Norton Journal of Bankruptcy Law and Practice, Vol. 18, No. 3 (2009).
"Mandatory Subordination Has Its Limits," Norton Annual Survey of Bankruptcy Law, 2007.
"Equitable Subordination's New Frontier: No Equity For Good Faith Transferees," Norton Journal of Bankruptcy Law and Practice, Vol. 15, No. 3 (2006).
"In re Armstrong World Industries, Inc.: Absolute Priority Reigns Supreme," Annual Survey of Bankruptcy Law, 2005.
"Director and Officer Liability Policies - Will the Proceeds be Available to the Debtor Estate?" 2003 Annual Survey of Bankruptcy Law.
"Adventures In Subordination, An Uncertain Terrain," 2002 Annual Survey of Bankruptcy Law.
"Facing Special Challenges: Turning the Chapter 11 Process Into a Win-Win Situation," published in the April 1999 edition of The Bankruptcy Strategist.
Other Distinctions
Listed in Law & Politics' New York Super Lawyers - Metro Edition (2006-2009) for excellence in Bankruptcy & Creditor/Debtor Rights
Selected for inclusion in the July/August 2010 Law & Politics' Super Lawyers, Corporate Counsel Edition.
Work Experience
Partner, Troutman Sanders LLP, 2005 - present
Partner, Jenkens & Gilchrist Parker Chapin LLP, 2001- 2005
Partner, Winston & Strawn, 2000-2001
Partner, Whitman Breed Abbott & Morgan LLP, 1981-2000
Associate, Whitman & Ransom, 1972-1981
Memberships
· The New York City Bar
· American Bar Association
· New York State Bar Association
· American Bankruptcy Institute