Mr. Feldman is a partner in the New York office of Gibson, Dunn & Crutcher and co-chair of the firm’s Business Restructuring and Reorganization Practice Group. Mr. Feldman’s practice focuses on the representation of distressed investors, lenders, bondholders and creditor committees in a variety of bankruptcy cases, out-of-court restructurings, and distressed asset and debt transactions. A brief description of Mr. Feldman’s practice areas is set forth below.
Committees and Bank Groups
Mr. Feldman has 15 years of experience representing creditor committees, bondholders, bank groups and equity committees in some of the largest and most complicated chapter 11 cases. Currently, Mr. Feldman is counsel to the Senior Lenders of Wastequip Inc., a leading waste and recycling equipment manufacturer and the Subordinated Noteholders of AMBAC, a leading financial guarantee insurer, in connection with its Chapter 11 proceeding. Mr. Feldman was counsel to the Senior Holdco Lenders of Trident Resources, a major Canadian natural gas manufacturer, in connection with their acquisition of the Debtor pursuant to a plan of reorganization and rights offering implemented in related U.S. and Canadian proceedings (D. Del. and Alberta), the Senior Lenders of Comanche Clean Energy, a Brazilian ethanol and biodiesel manufacturer, in connection with an out-of-court restructuring, and the Senior Lenders of a major U.S. wind power company in connection with a potential restructuring. Mr. Feldman also recently represented, Indenture Trustee for $23 billion of the General Motors bonds (SDNY), the Mezzanine Lenders to Education Media, a national publishing company, the First Lien Lenders of True Temper Sports, the Term Lenders to building supply company, Dayton Superior Corporation, (District of Delaware), and the Term Lenders to steel manufacturer, Niagara Steel. In addition, Mr. Feldman has previously represented the Real Mex Restaurant lenders in connection with the out-of-court restructuring of Real Mex (a 250+ location national restaurant chain), the majority bondholders of Ainsworth Lumber, a major U.S./Canadian forest product company, in connection with Ainsworth’s restructuring pursuant to the Canadian Business Corporations Act, the bank group of M. Fabrikant & Sons, a leading national diamond wholesaler, in connection with the chapter 11 case of Fabrikant & Sons (SDNY), the holders of the subordinated debt of Credit-Based Asset Servicing and Securitization LLC (“C-BASS”) in connection with the out-of-court restructuring of C-BASS, the agent for the First Lien Lenders of Performance Transportation Services/Leaseway in connection with PTS’s first bankruptcy case (WDNY), and the Official Equity Committee of Footstar, Inc. (SDNY), a national shoe supplier to mass market retailers, including Kmart.
Distressed and Special Situations Lending
Mr. Feldman regularly represents financial institutions and hedge funds as lenders in connection with cutting edge loan transactions, including DIP loans, chapter 11 exit facilities, second lien loans, mezzanine loans, bridge loans, acquisition facilities and other transactions. Recent major finance transactions include the representation of Farallon Capital, Luxor Capital, Whitebox Advisors, Canyon Capital and other Debtor in Possession Lenders of General Growth Properties, a large mall operator (SDNY), Luxor Capital as the proposed Exit Lender to California Coastal Communities, a southern California home builder (CD Cal.), and certain major participants in the DIP Loans to LyondellBasell (SDNY), Chemtura (SDNY) and Smurfit Stone (D. Del.).
Distressed Mergers and Acquisitions
Mr. Feldman often represents sophisticated hedge funds in connection with their acquisitions of companies in and out of bankruptcy. Such transactions often involve new debt and equity components. Recent major transactions include the representation of SK Telecom as a proposed acquirer of Blockbuster out of bankruptcy (SDNY), Paulson & Co. as an acquirer, together with Centerbridge and Blackstone, of the Extended Stay Hotels out of bankruptcy (SDNY), Gores/Siemens as a proposed acquirer of the enterprise network division of Nortel (D. Del), Chriscott USA in connection with their acquisition of Barzel Industries, a major steel tubing manufacturer, out of bankruptcy (D. Del.).
Mr. Feldman is consistently ranked as a leading Bankruptcy and Restructuring lawyer by Chambers USA: America’s Leading Lawyers for Business, noting “his in-depth understanding of technical issues” and his “fantastic strategic vision.” In addition, he was also named as one of the top Bankruptcy and Creditor-Debtor Rights lawyers by The Best Lawyers in America® 2009-2011, and by Investment Dealers Digest as one of the Top 40 Under 40 Dealmakers of 2007. He is the author of “The Pervasive Problem of Numerosity” published online by Law360 on June 2, 2010 at law360.com, “Appointing Equity Committees: Insolvency Is One of Several Factors Courts Consider in Making Determination,” New York Law Journal, Corporate Restructuring & Bankruptcy Special Section, August 8, 2004.
Mr. Feldman received his Juris Doctor cum laude from Benjamin N. Cardozo School of Law, in 1993. He graduated from Cornell University in 1989. Mr. Feldman clerked for Chief Judge William H. Gindin, in the U.S. Bankruptcy Court, District of New Jersey, for two years following law school. Mr. Feldman is admitted to practice in New Jersey and New York.
Court Admissions
U.S. District Court, Eastern District of New York, 1996
U.S. District Court, Southern District of New York, 1995
U.S. District Court, District of New Jersey, 1993
Professional Affiliations
The Association of the Bar of the City of New York