New York
T:
+1 212 848 7337
F:
+1 646 848 7337
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Edmund
M.
Emrich
Counsel
Education
Hofstra University School of Law, J.D., 1981
State University of New York at Albany, B.A., 1978, magna cum laude
Practice
Mr. Emrich, a counsel in the Bankruptcy & Reorganization Group, has extensive experience representing debtors, trustees, fiduciaries, creditors, creditors’ committees, lenders and acquirers of assets in large and complex Chapter 11 cases and out-of-court workouts.
Experience
- Sterlite (USA), Inc. and Sterlite Industries (India) Ltd. as defendants in litigation concerning $2.6 billion asset purchase agreement and as applicant in substantial contribution claim litigation
- Fairfax Financial Holdings as DIP lender, rights offering backstop investor and successful fraudulent conveyance defendant in $400 million action
- Citigroup as lead arranger for the DIP facilities of a major chemicals manufacturing company in chapter 11 proceedings; and several major financial institutions in providing exit facilities aggregating more than $1 billion
- Citibank, as participant, in connection with the restructuring of the first lien and mezzanine secured debt of a major international publishing company
- A leading international manufacturer of specialty polyester films in restructuring its bond debt
- Certain major league baseball teams in connection with the issuance of bonds to finance construction of new stadiums
- Fraud victims in defending against preference and fraudulent conveyance actions brought by the Chapter 7 trustee in a ponzi scheme case
- A landlord in connection with negotiations regarding the assumption and assignment of a fashion store lease in Chapter 7
- A prominent hedge fund in a variety of matters, including equity investments in distressed companies, Chapter 11 financings, and industry-specific matters
- The Court-appointed Future Claimants’ Representative in the asbestos-related Chapter 11 reorganization case of Owens Corning
- The Chapter 7 trustee in the Daedalus Capital Fund case, involving a ponzi scheme
- The official liquidator of a Panamanian bank in opposing the confirmation process with respect to Tricom’s prepackaged Chapter 11 cases
- Aircraft owner-participants in complex claims litigation in the Chapter 11 case of Delta Air Lines
- The official liquidator of a French company in a jurisdictional dispute with a U.S.-based hotel company that was in bankruptcy in the Southern District of New York
- An official bondholders committee in connection with the Chapter 11 liquidation of National Century Financial Enterprises, a ponzi scheme case
- The LTV Corporation and its affiliates, which were engaged in the steel, energy, aerospace and defense businesses, in their first reorganization proceedings before the United States Bankruptcy Court for the Southern District of New York
- Caldor, a department store chain with more than 260 stores, in its Chapter 11 cases
- A private equity fund in its acquisition of Aurora Foods in Chapter 11 proceedings in Delaware
- A prominent home-building company in its Chapter 11 reorganization in the Middle District of Florida
- Power Company of America in its Chapter 11 case, culminating in confirmation within 120 days
- Laventhol & Horwath, formerly the seventh largest accounting firm in the United States in its liquidating Chapter 11 case, involving one of the first major partnership bankruptcy cases
- A prominent retailer as the largest creditor in the Ames Department Stores Chapter 11 case
- A Special Committee of the Board of Directors of a prominent drug store chain in its Chapter 11 case
- Johns-Manville in the first mass tort Chapter 11 case involving asbestos, which was adopted by Congress as the model for all future asbestos Chapter 11 cases
Selected Professional & Business Activities
- Member, American Bankruptcy Institute
- Member, Local Bankruptcy Rules Drafting Committee for the Southern District of New York, 1985-86 and 1998-99
Bar Admissions/Qualifications
New York
Courts
United States Court of Appeals for the Second Circuit
United States District Court for the Southern District of New York
United States District Court for the Eastern District of New York
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