David focuses his practice on corporate bankruptcy and business reorganization matters. Serving as lead and local counsel, David represents chapter 11 debtors, creditor committees, chapter 7 trustees, secured creditors, unsecured creditors, shareholders, purchasers, investors, insurers, and many other parties in bankruptcy proceedings and out-of-court restructurings. Having practiced in Delaware for over 20 years, David’s diverse industry experience includes chemical, electric vehicle, energy, gaming, manufacturing, media, medical devices, mortgage, pharmaceutical, retail, technology, telecom, and video game.
David recently represented an oil and gas exploration and development company in its chapter 11 case that provided more than a 40% return to unsecured creditors pursuant to a confirmed plan.
As one of a select few chapter 7 panel trustees in Delaware, appointed by the Office of the United States Trustee, David keenly understands the decisions that business owners must make in distressed situations and calmly guides clients through their cases. He is currently the chapter 7 trustee in several business cases, including a health care company, several technology companies, a manufacturing company, a video game device company, and an oil and gas exploration and development company. He is also the distribution trustee overseeing a liquidating trust created for the benefit of creditors after the successful reorganization of a company for whom he served as a chapter 11 trustee prior to plan confirmation.
David’s depth of experience and creativity, the unique relationships he has cultivated, and his familiarity with regulatory developments, enable him to develop innovative strategies that mitigate client risks and improve client results. David’s constant focus is maximizing value for his clients, whether that requires simple, direct action or discovering and recovering value through creative legal analysis and strategy.
- Wind City Penna Oil & Gas, LLC — counsel to oil and gas exploration and development company in its chapter 11 case.
- Nova Biosource Fuels — counsel to biodiesel refining company in its chapter 11 case.
- Midway Games — counsel to developer and publisher of video games in the interactive entertainment software industry in its chapter 11 case.
- STAR Telecommunications, Inc. — counsel to long-distance telecommunications provider in its chapter 11 case.
- HomeLife Corporation — counsel to one of the ten largest furniture retailers in the nation, with approximately 130 stores, in its chapter 11 case.
- Wellman Dynamics Corp. — counsel to the creditors’ committee of industry-leading producer of complex precision aluminum and magnesium sand castings for the aerospace and defense industries
- Egenix — counsel to the creditors’ committee of a development-phase, cancer therapeutic technology company.
- Solyndra — counsel to the creditors’ committee of the highly publicized photovoltaic solar panel developer and manufacturer.
- American Community Newspapers — counsel to the creditors’ committee of owner and operator of 86 community newspapers and 14 niche publications.
- UniMarts — counsel to creditors’ committee of owner of over 400 branded convenience stores.
- MediCor Ltd. — counsel to creditors’ committee of medical device company.
- Nobex Corporation — counsel to creditors’ committee of development stage-biopharmaceuticals company.
- Mortgage Lenders Network — counsel to creditors’ committee of subprime mortgage loan originator and loan servicer.
- Heritage Home Group – counsel to one of the largest creditors in this furniture retailer Chapter 11 case.
- Wireless Telecommunications — counsel to the former CEO and the majority shareholder of the debtor in its Chapter 11 case.
- Emivest Aerospace Corporation — counsel to replacement DIP lender.
Professional and Community Involvement
- American Bankruptcy Institute
- Delaware Bar Association
In the News
- “Creditors Seek To Force Tough Mudder Into Bankruptcy,” Law360 (1/7/20)