Lucy F. Kweskin practices in the areas of bankruptcy, corporate restructuring, distressed investment and creditors’ rights. She represents creditors, debtors and lenders in complex Chapter 11 cases, litigation and mediations. She also advises parties in securitization transactions, including advice in connection with bankruptcy-remote structures, true sale and non-consolidation issues.

Representations

Counsel to Official Committee of Unsecured Creditors in In re Maxus Energy Corp.

Counsel to Cerberus Capital Management in connection with the Chapter 11 cases of LightSquared Inc.

Counsel to several defendants in connection with flip-clause litigation in In re Lehman Brothers Special Financing Inc.

Counsel to numerous defendants in connection with fraudulent transfer litigation in In re Boston Generating LLC

Counsel to Tennenbaum Capital Management and TPG Specialty Lending Inc. as pre-petition first lien lenders in Chapter 11 case of Global Geophysical Systems, Inc. and affiliates (oil field services).

Counsel to Ableco Finance LLC, as agent for first lien lenders, in Chapter 11 case of Highway Technologies Inc. (traffic safety company).

Counsel to ad hoc committee of first lien noteholders and DIP lenders in Chapter 11 case of Digital Domain Media Group Inc. (technology company).

Publications

“Third Circuit Endorses Market Interest Rate for Cramdown Plan in Momentive,” SRZ Client Alert, Oct. 23, 2017 (co-author)

“Third Circuit Enforces Post-Acceleration Make-Whole Premium,” SRZ Client Alert, Nov. 18, 2016 (co-author); republished in Pratt's Journal of Bankruptcy Law, February/March 2017

“District Court Affirms Cramdown Plan in Momentive Case,” SRZ Client Alert, May 14, 2015 (co-author); republished in Westlaw Journal – Bankruptcy, June 12, 2015

“ABI Commission Report Recommendations on DIP Financing Would Eliminate Lender Protection,” SRZ Client Alert, Dec. 30, 2014 (co-author)

“New York Bankruptcy Judge Disallows Payment of Make-Whole Premium,” SRZ Client Alert, Sept. 15, 2014 (co-author)

“Fifth Circuit Affirms Bankruptcy Court’s Reasonableness Review of Oversecured Lender’s Legal Fees in Non-Judicial Foreclosure Sale,” SRZ Client Alert, June 30, 2014 (co-author)

“Hot Topics in Coal Company Bankruptcies,” SRZ Guide, June 2014 (co-author); republished in Bloomberg BNA – Bankruptcy Law Reporter, Aug. 21, 2014

“COMI or Not COMI: Timing Is the Question (In Re Fairfield Sentry),” Commercial Insolvency Reporter, October 2013 (contributor)

“Delaware Bankruptcy Court Upholds Make-Whole Claim Equal to 37 Percent of Loan Principal,” SRZ Client Alert, April 26, 2013 (co-author)