Nancy A. Mitchell is the Operating Shareholder for the Business Reorganization & Financial Restructuring Practice and chairs the New York Business Reorganization & Financial Restructuring Practice. She has more than 20 years experience in restructuring and corporate finance as both an attorney and an investment banker. Prior to joining the firm, she served as an Executive Director for CIBC World Markets Corp. Nancy was previously a partner with a major law firm where she focused her practice on restructuring and bankruptcy and corporate finance.
Areas of Concentration
· Business restructuring
· Creditor rights representation
· Debtor rights representation
· Finance
Significant Representations
· Representation of Satélites Mexicanos S.A. de C.V. in its restructuring and prepackaged plan.
· Representation of Indiana Downs, LLC in its Chapter 11 case.
· Representation of Textron Financial in connection with its investment in Westgate Resorts, LLC.
· Representation of Metropolitan Life Insurance Company as a creditor in the Chapter 11 of General Growth Properties.
· Representation of certain bondholders in connection with the Chapter 11 filing of General Motors Corporation.
· Representation of certain bondholders in connection with the Chapter 11 filing of Smurfit-Stone Container Corporation.
· Representation of certain bondholders in connection with the Chapter 11 filing of AbitibiBowater.
· Representation of Elliott Management Corporation as a member of the creditors committee in the Chapter 11 case of Lehman Brothers.
· Representation of Chem Rx Corp. as a debtor in its Chapter 11 case.
· Representation of MIG, Inc. as a debtor in its Chapter 11 case.
· Representation of Syntax-Brillian as a debtor in its Chapter 11 case.
· Representation of Ultimate Escapes, Inc. in its Chapter 11 case.
· Representation of Atlantis Plastics as a debtor in its Chapter 11 case.
· Representation of Stant Corporation as a debtor in its Chapter 11 case.
· Representation of the Official Committee of Unsecured Creditors in the Chapter 11 case of Werner Ladder Corporation.
· Representation of Bayside Capital in connection with its investment in Aluminum Shapes.
· Representation of Ultimate Resorts in its acquisition of the Tanner & Haley assets out of Chapter 11.
· Representation of TestAmerica Corporation in its restructuring.
· Representation of the Unsecured Creditors Committee in Conseco Finance Company Chapter 11 case.
· Representation of the City of Chicago in the United Airlines Chapter 11 case.
· Representation of the equity owner in the Venture Industries Chapter 11 case.
· Representation of Midas, Inc. in a $172.5 million out-of-court refinancing.
· Representation of Bayside Capital in the Protocol Communications, Inc. Chapter 11 reorganization.
· Representation of Allied Capital Corporation in restructuring its investment in Jakel, Inc.
· Representation of Allied Capital Corporation in its investment in Ace Products.
· Representation of Goldman Industrial Group, Inc. and its subsidiaries as debtors in connection with a Chapter 11 filing and subsequent sales of assets.
· Representation of Gibson Guitar in its purchase of the assets of Baldwin Piano & Organ out of a Chapter 11.
· Representation of H.I.G. Capital in its investment in Personal Optics and its investment in Rennhack Marketing Services.
· Representation of bondholders as both a legal and financial advisor in the restructuring of municipal bonds in several paper recycling facilities including the American Fiber Resources facility.
· Representation of Wells Fargo in connection with $120 million DIP commitment for The Holt Group, Inc.
Professional & Community Involvement
· Member, American Bar Association
Awards & Recognition
· Member, Winning Team, Latin Lawyer's "Deal of the Year - Restructuring" Award, 2012
· Listed, The Best Lawyers in America, 2007-2012
· Listed, Chambers & Partners USA Guide, an annual listing of the leading business lawyers and law firms in the world, 2005-2008 and 2011
· Selected, Super Lawyers magazine, 2006-2011
· Selected by Leading Lawyers Network, 2007 - 2012
· Ranked, "Top Bankruptcy Lawyers," The Deal's Bankruptcy Insider, June 30, 2009
Other Experience
· Executive Director, CIBC World Market Corp.
- Member of an eight-person restructuring/leveraged finance group
- Handled complex restructuring transactions in and outside bankruptcy with an emphasis on the energy, and pulp and paper industries
- Primary responsibilities included negotiation and structuring of transactions as well as overseeing the development of financial models and the valuation of companies
- Evaluated and oversaw the operation and management of several debtors
Articles, Publications, & Lectures
Articles
· Co-author, "European Sovereign Debt - Why We Should Care," Law360, July 14, 2011
· Co-author, "When Rights Offerings Go Wrong," Law360, June 14, 2011
· Co-author, "The Latest In Exit Financing Structures," Law360, May 19, 2011
· Co-author, "The Courtroom of the Future" Law360, April 13, 2011
· Co-author, "Where Bankruptcy and Real Estate Collide," Law360, March 16, 2011
· Co-author, "Uncertainty For Prepackaged Bankruptcies In Mexico," Law360, February 23, 2011
· Co-author, "Don't Gamble With Your Gaming Case, Law360," January 11, 2011
· Co-author, "Ancillary Proceedings - Should the Tail Wag the Dog?" Canadian-American Symposium on Cross-Border Insolvency Law, Toronto, Ontario, February 11, 2005
· Co-author, "A New World Order: How Hedge Funds Have Changed the Playing Field for Corporate Directors," New York Law Journal, March 3, 2008
(Also at New York, New York Office)