Andrew Kissner

Andrew Kissner
Of Counsel

250 West 55th Street

New York, NY 10019-9601

akissner@mofo.com

(212) 336-4117

BAR ADMISSIONS

New York

EDUCATION

University at Albany, State University of New York, B.A.

Comillas Pontifical University, LL.M.

Brooklyn Law School, J.D.

Andrew’s primary practice is advising clients with respect to novel and complex insolvency issues, with a particular focus on cross-border and governmental restructurings. He has represented debtors, ad hoc groups, official committees, and individual investors in large chapter 11 and chapter 15 filings. He is currently a member of the International Insolvency Institute’s NextGen Leadership Program.

Andrew also has an active pro bono practice, including advising numerous tenants in the chapter 11 bankruptcies of their landlords, and has represented ICE detainees in connection with asylum proceedings. He is recognized for his dedication to pro bono and recently received the New York State Bar Association President’s Pro Bono Service Award for the First Judicial District, as well as Morrison Foerster’s Kathi Pugh Pro Bono Service Award.

Andrew graduated magna cum laude from Brooklyn Law School, where he served as Articles Editor on the Brooklyn Law Review. As a law student, Andrew worked as a judicial intern to the Honorable Jane Restani, Senior Judge for the United States Court of International Trade.

Andrew received an LL.M. in International and European Business Law at the Universidad Pontificia de Comillas in Madrid and graduated magna cum laude from the University at Albany, earning a B.A. in English and Spanish. He is also highly proficient in Spanish.

Experience

In re Wesco Aircraft Holdings, Inc.

(Bankr. S.D. Tex.) Counsel to the official committee of unsecured creditors of Wesco Aircraft Holdings, Inc., and its affiliated debtors in their chapter 11 bankruptcy. Wesco is a leading global aerospace supplier and supply chain services provider.

In re Coin Cloud

(Bankr. D. Nev.) Counsel to a secured creditor in connection with the chapter 11 cases of Coin Cloud, a digital currency platform for buying and selling 40+ types of digital currencies with over 5,000 creditors and debts of over $100 million.

Ad Hoc Group of Constitutional Debtholders of the Commonwealth of Puerto Rico

Counsel to an ad hoc group of holders of bonds issued and/or guaranteed by the Commonwealth of Puerto Rico (constitutional debt) in connection with the first restructuring proceeding under the newly enacted Puerto Rico Oversight, Management, and Economic Stability Act. Working in coordination with other holders of constitutional debt, the ad hoc group has engaged in targeted litigation and efforts to negotiate a plan for the Commonwealth’s restructuring, while simultaneously defending attempts to invalidate more than $6 billion of the Commonwealth’s $18 billion of outstanding constitutional debt.

Province of Neuquén, Argentina

Counsel to an ad hoc group of unsecured notes issued by the Province of Neuquén in connection with its restructuring of more than $700 million of external indebtedness, consisting of both secured and unsecured dollar-denominated notes. The ad hoc group worked with the Province to achieve a consensual modification of its unsecured notes that provided the Province with near-term relief to assist it in navigating the challenges of the COVID-19 pandemic and was broadly supported by the market.

In re Black Press Ltd.

(Bankr. D. Del.) Counsel to the DIP lender and stalking horse bidder in chapter 15 proceedings pending in Delaware for Black Press, a Canadian media company.

In re Clovis Oncology, Inc., et al.

(Bankr. Del.) Counsel to the official committee of unsecured creditors of Clovis Oncology, Inc., and its affiliated debtors in their chapter 11 cases. Clovis is a biopharmaceutical company focused on acquiring, developing, and commercializing cancer treatments in the United States and abroad. Clovis filed for chapter 11 to implement a sale of their assets pursuant to section 363 of the Bankruptcy Code.

In re Real Industry, Inc.

(Bankr. D. Del.) Counsel to Real Industry, Inc., Real Alloy Recycling, Inc., and their affiliated debtors in their chapter 11 cases. Real Industry is a holding company with approximately one billion dollars in tax attributes. Real Alloy, a subsidiary of Real Industry, is a large-scale recycler of aluminum with operations throughout the United States, Canada, Mexico, and Europe. The debtors collectively filed for chapter 11 to restructure approximately $400 million in funded debt obligations and approximately $75 million in other obligations. In May 2018, Real Industry’s chapter 11 plan, which preserved its tax attributes, went effective and Real Alloy closed a sale of all its assets and operations, preserving 2,000 jobs and critical business relationships.

In re Kingate Global Fund, Ltd. and Kingate Euro Fund, Ltd.

(Bankr. S.D.N.Y.) Mediation counsel to the Kingate Funds, BVI–based feeder funds of Bernard L. Madoff Investments Securities, Inc. (BLMIS), in the settlement of $926 million in claims brought against the Funds by the Madoff Trustee. The settlement resulted in allowance of the Kingate Funds’ $800 million customer claim against the Madoff estate and a full 502(h) claim for transfers repaid to the BLMIS estate, which will unlock more than $400 million in value for the Kingate Funds’ investors.

In re Avaya Inc., et al.

(Bankr. S.D.N.Y.) Counsel to the official committee of unsecured creditors for international telecom company Avaya Inc. and its affiliated debtors. Avaya had more than $6 billion of secured debt at the time of its filing and was saddled with significant pension underfunding liabilities for its domestic and certain foreign affiliates.

In re 21st Century Oncology Holdings, Inc., et al.

(Bankr. S.D.N.Y.) Counsel to the official committee of unsecured creditors of 21st Century Oncology Holdings, Inc. and its subsidiaries and affiliates, the largest global provider of integrated cancer care services. At the time of its filing, 21st Century Oncology had more than $1.1 billion of prepetition funded debt that it was seeking to restructure through its chapter 11 cases.

In re Sungevity, Inc., et al.

(Bankr. D. Del.) Counsel to Sungevity, Inc. and its affiliates in their chapter 11 cases. Prior to its 363 sale, Sungevity was one of the largest private residential solar installation companies in the United States. Sungevity filed for chapter 11 with approximately $185 million in prepetition debt, including funded debt, trade debt, and potential employee related claims.

In re Westmoreland Coal Company, et al.

(Bankr. S.D. Tex.) Counsel to the official committee of unsecured creditors of Westmoreland Coal Company and affiliated debtors. Westmoreland is the sixth largest coal-mining enterprise in North America. After conducting an exhaustive investigation to reveal unencumbered assets and following weeks of negotiations with the company and the company’s secured lenders, the Committee supported independent plan processes for two distinct debtor groups that kept the company operating, preserved jobs and pensions, and provided value for unsecured creditors.

In re Maxus Energy Corporation

(Bankr. D. Del.). Counsel to Maxus Energy Corporation and four affiliated debtors in their chapter 11 cases, which addressed over $12 billion in claims, predominantly in connection with environmental liability relating to the country's largest superfund site - the Passaic River and related bodies of water. The Maxus chapter 11 cases concluded in July 2017 following confirmation of an innovative chapter 11 plan supported by over 99% of creditors.

Rankings

Named a "Rising Star"

Law360 2024

Recommended in the area of Corporate Restructuring

Legal 500 2024

Kathi Pugh Pro Bono Service Award

Morrison Foerster 2023

President’s Pro Bono Service Award

New York State Bar Association 2023

Recognized as a “Rising Star”

Super Lawyers 2022-2024