Arent Fox
ATTORNEY BIO
Andrew I Silfen

Andrew I Silfen
November 11, 2011
  • Partner
  • New York, NY
212.484.3903
andrew.silfen@arentfox.com

Andrew Silfen, a partner of Arent Fox, serves as chair of the Bankruptcy and Financial Restructuring Group. He has extensive experience in all aspects of financial restructuring, distressed situations and bankruptcy issues. Andrew has a renowned practice representing creditors committees, indenture trustees, and bondholders in bankruptcy proceedings, as well as acquirors of and investors in troubled, distressed, and bankrupt companies. Andrew has extensive experience representing strategic and control investors. His practice also includes counseling companies’ boards of directors and management on insolvency matters, crisis management and financial and operational restructurings. Andrew has played a prominent role in large and small restructurings and bankruptcies throughout the United States, and his broad-based practice and experience has enabled him to devise unique and innovative solutions to complex matters.

Client Work

Andrew’s recent matters have included:

  • Representation of creditors' committees in high-profile bankruptcy proceedings in such industries as manufacturing; retail; automotive; telecommunications and integrated communications providers; e-commerce, internet and technology; sub-prime lending; marketing; health care; life sciences; national restaurant chains and franchises; energy; and hotel and hospitality.
  • Representation of an indenture trustee in Dynegy Holdings LLC, Washington Mutual, Inc., ATA Airlines, Plainwell Inc., Dana Corporation, R.H. Donnelley Corp., Simmons Company, Fremont General Corporation, Propex Inc., Pliant Corporation, TOUSA, Inc., HomeBanc Corp., Portrait Corporation of America Inc., Vesta Insurance Group Inc., United Air Lines, Silver State Bancorp, Washington Mutual, Inc., Maxxim Medical and Lodgian Inc. bankruptcy proceedings.
  • Representation of bondholders in Exide bankruptcy proceedings.
  • Representation of sellers and purchasers of debt and equity positions of troubled, distressed and bankrupt business entities and acquirors and purchasers of assets of insolvent and bankrupt entities in such industries as metals manufacturing; telecommunications; cosmetics manufacturing; e-commerce and technology; and hospitality.
  • Representation of Official Retired Employees Committee in Eastman Kodak Company bankruptcy proceedings.
  • Representation of lenders, secured creditors, equity holders, venture capitalists, and investors in out-of-court workouts, in-court and non-judicial reorganizations and restructurings and bankruptcy proceedings, as well as bankruptcy-related litigation in such industries as retail; wholesale; manufacturing; airlines; real estate; health care; e-commerce; technology and telecommunication; metals; publishing and media; and hospitality, resort and hotel.
  • Representation of lenders and acquirors in real estate restructurings, workouts and foreclosures involving commercial properties, residential apartment and mixed-use buildings, hotels and resorts, golf courses, marinas, hospitals, condominium projects and undeveloped land.
  • Advising financially healthy companies on implementing changes in their capital structure to enhance enterprise value.
  • Representation of court-appointed fiduciaries such as creditor trustees, liquidation trustees and plan administrators.

Professional Activities

Andrew is a trustee of the executive committee of the board of trustees, and officer of the New York Institute of Credit. He is also a member of the board of directors and an officer of the Association of Insolvency and Restructuring Advisors, which has a membership of 2,600; he was only the second lawyer to be selected to the board at that time. He also serves on two subcommittees for the American Bar Association: the Subcommittee on Indentures and Bankruptcy and the Subcommittee on Bankruptcy Committees. Andrew also is a member of the Turnaround Management Association and Brooklyn Law School’s Barry L. Zaretsky Annual Bankruptcy Roundtable Steering Committee.

Publications, Presentations and Recognitions

Andrew was recognized as a leading municipal finance bankruptcy attorney in Legal 500 US in 2012.

Andrew was recognized as a leading municipal finance bankruptcy attorney in Legal 500 US in 2012. Andrew has lectured frequently on current restructuring, bankruptcy, and investing issues. He has also contributed to various publications and seminar materials on various restructuring and bankruptcy topics.

His recent published works include:

  • “Validating A Holder’s Right to Elect Chapter 7 Trustee,” Law360; August 2012
  • “Section 1102 Adds Uncertainty to Creditors and Equity Committees,” Bankruptcy Court Decisions, Weekly News & Comment; Sept. 13, 2005, co-written with Heike M. Vogel
  • “BABCPA Provisions Impact Committees from Multiple Angles,” Bankruptcy Court Decisions, Weekly News & Comment; Sept. 27, 2005, co-written with Heike M. Vogel
  • “The BABCPA: Provisions Affecting Official Committees of Unsecured Creditors and their Membership,” Bankruptcy Reform 2005: Expert Analyses Examining & Predicting the Impact on the Commercial Practitioner, LRP Publications; 2005, co-written with Heike M. Vogel
  • “Who is Your Client? Counseling the Officers and Directors When You Represent the Debtor,” ABI Spring Conference; May 2005
  • “Reallocation Plans and Unlocking Value For Unsecured Creditors,” Plan of Reorganization Conference, Association of Insolvency and Restructuring Advisors; 2004
  • “Equity Investing in Distressed and Troubled Companies,” 20th Annual Restructuring Conference, Association of Insolvency and Restructuring Advisors; 2004
  • “Sharing A Piece of the Bankruptcy Pie: Asset and Plan Distribution Reallocation,” Winter Leadership Conference Educational Materials, American Bankruptcy Institute; 2003
  • “Creativity and § 1129 (a): Confirmation of Administratively Insolvent Debtor,” ABI Journal; September 2003
  • “The Role of Examiner, 19th Annual Restructuring Conference,” Association of Insolvency and Restructuring Advisors; 2003
  • “Fighting for Paper: Secured Lenders’ Interests in Leases and Encumbered Property,” The Nassau Academy of Law Annual Bankruptcy Update, Nassau Academy of Law; 2003
  • “Deconstructing Timbers-Application of Adequate Protection Payments,” Winter Leadership Conference Educational Materials, American Bankruptcy Institute; 2000
  • “Non-Debtor Releases for Plan Funders, Investors and Other Contributors to a Reorganization, Cracking the Code - A Newsletter of Insolvency Issues,” American Bankruptcy Institute; 2000

Bar and Court Admissions

  • New Jersey Bar
  • New York Bar
  • US District Court, District of New Jersey
  • US District Court, District of Maryland
  • US District Court, Eastern District of New York
  • US District Court, Northern District of New York
  • US District Court, Southern District of New York

Education

New York University School of Law
, LL.M
  ( corporate )
Brooklyn Law School
, JD
  ( Moot Court Honor Society )
Brandeis University
, BA
  ( cum laude )

Practices

  • Bankruptcy & Financial Restructuring
  • Commercial Litigation
  • Finance

Areas of Focus

  • Acquirors & Investors in Distressed and Bankrupt Companies
  • Bankruptcies, Restructurings & Workouts
  • Bankruptcy & Strategic Litigation
  • Committees of Unsecured Creditors
  • Distressed Assets
  • Indenture Trustees, Agents and Corporate Trust Services
  • Post Petition, Exit & Rescue Financing
  • Awards & Recognitions

     

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