James Michael Peck
The Honorable James M. Peck retired from Morrison Foerster upon his appointment as an International Judge of the Singapore International Commercial Court in January 2024. While at Morrison Foerster, Judge Peck chaired Morrison Foerster’s Cross-Border Restructuring practice and also headed the firm’s Mediation practice. Before joining Morrison Foerster, Judge Peck served as a U.S. Bankruptcy Judge for the Southern District of New York from 2006 to 2014, where he presided over the chapter 11 and SIPA cases of Lehman Brothers and its affiliates and a number of other major chapter 11 and chapter 15 cases and wrote multiple legal decisions that have helped define the impact of safe harbors on qualified financial contracts.
By invitation, Judge Peck is a fellow of the American College of Bankruptcy and a member of the Panel of Recognized International Market Experts in Finance. He is a past president of the International Insolvency Institute, served on the board of governors of the National Conference of Bankruptcy Judges, and was judicial chair of the American Bankruptcy Institute’s annual New York City Bankruptcy Conference. Former Judge Peck currently chairs the Business Bankruptcy Advisory Committee for the Southern District of New York.
Judge Peck co-chaired the ABI’s Advisory Committee on the Safe Harbors. He is a member of the Advisory Committee of the Asian Business Law Institute, is listed as a qualified member of mediation panels maintained by INSOL International, the Singapore Mediation Center, and the Singapore International Mediation Center, and has been included on the Panel of Arbitrators for Financial Services Disputes of the Hong Kong International Arbitration Center and the Panel of Arbitrators of the Singapore International Arbitration Center.
Judge Peck has been retained on a number of occasions to furnish expert witness statements for submission to the High Court in London regarding issues of New York law, comity, and the recognition of main and non-main insolvency proceedings. He is also a frequent speaker worldwide on insolvency issues and has participated as a keynote speaker and a panel chair around the globe in conferences presented by numerous international organizations and law schools. These include INSOL International, the International Bar Association, INSOL Europe, and the National Conference of Bankruptcy Judges. He has authored articles published in the American Bankruptcy Institute Journal and International Insolvency & Restructuring Report, and is an editor of a recently published book titled The Art of the Ad Hoc.
Before his judicial appointment in the Southern District of New York, Judge Peck was in private practice for over 35 years, concentrating much of that time on bankruptcy law, business reorganization, and creditors’ rights.
Experience
In re Sears Holdings Corp.
(Bankr. S.D.N.Y.) Court-appointed member of mediation team in complex adversary proceeding brought by estate representatives against officers, directors, and other parties in the chapter 11 cases of Sears Holdings Corp.
In re MatlinPatterson Global Advisers LLC
(Bankr. S.D.N.Y.) Court-appointed mediator of disputed litigation claims arising under Brazilian law and Cayman law in the chapter 11 cases of MatlinPatterson Global Advisers LLC.
In re Gulf Coast Health Care
(Bankr. D. Del.) Court-appointed mediator resulting in settlement of plan-related disputes in the chapter 11 cases of Gulf Coast Health Care.
Unnamed Failed Hedge Fund
Confidential successful resolution of claims against insolvent hedge fund. Selected by fund and dealer parties as facilitator to allow claims and resolve disputes in private out-of-court resolution process involving the close out of complex derivatives.
In re Trident Holding Co.
(Bankr. S.D.N.Y.) Court-appointed mediator in the chapter 11 cases of Trident Holding Co. leading to plan confirmation and settlement of alleged violations of the federal anti-kickback statute.
In re SLS Capital S.A.
(Bankr. S.D.N.Y.) Court-appointed mediator in unusually complex and protracted chapter 15 caee leading to settlement of claims between Luxembourg foreign representative and U.S. creditors and consensual dismissal of the chapter 15 case.
In re Our Alchemy LLC
(Bankr. D. Del.) Court-appointed mediator in adversary proceeding brought by chapter 7 trustee asserting substantial avoidance claims against multiple parties involved in a failed merger transaction.
In re Miami Metals
(Bankr. S.D.N.Y.) Selected as court-appointed mediator of claims and defenses in adversary proceedings brought against a Canadian mining company based on refining of precious metals.
In re GUE Liquidation Trust
(Bankr. D. Del.). Appointed by bankruptcy court to resolve claims arising out of a cyber crime theft of millions of dollars held in trust for the benefit of the GUE Liquidation Trust (successor to the debtor FTD).
In re Fairway Markets
(Bankr. S.D.N.Y.) Court-appointed mediator engaged to resolve disputes over the disposition of funds held in reserve in the chapter 11 cases of Fairway Markets.
In re Pacific Drilling S.A.
(Bankr. S.D.N.Y.) Mediator in the chapter 11 cases of Pacific Drilling and its affiliated debtors. Pacific Drilling operates a multinational offshore drilling business that specializes in ultra–deepwater and complex well construction services. Former Judge Peck assisted Pacific Drilling, various classes of lenders, and a controlling equity holder in negotiating the terms of a consensual plan of reorganization.
In re Perforadora Oro Negro, S. de R.L. de C.V. et al.
(Bankr. S.D.N.Y.) Court-appointed mediator in the chapter 15 cases of In re Perforadora Oro Negro, S. de R.L. de C.V. et al., which are ancillary proceedings to certain concurso proceedings pending in Mexico. Oro Negro and its affiliates own and operate five offshore drilling rigs presently located in the Gulf of Mexico. Working with the court-appointed conciliador in Mexico, Judge Peck mediated disputes between Oro Negro and its bondholders with the aim of promoting a consensual resolution. This is believed to be the first court-ordered mediation in a case under chapter 15.
In re NineWest Holdings, Inc.
(Bankr. S.D.N.Y.) Court–appointed mediator in the chapter 11 cases of Nine West Holdings, Inc. and its ten affiliated debtors. Former Judge Peck served as plan mediator among fourteen mediation parties, including the debtors, the creditors committee, multiple ad hoc bondholder groups, and Sycamore Partners. The parties in Nine West ultimately reached a global resolution, and a consensual plan of reorganization has been confirmed.
In re Tribune Company
(S.D.N.Y.) Mediator appointed by agreement of the parties in the 10–year multi–district fraudulent transfer litigation (MDL) resulting from the failed leveraged buyout of Tribune Company. The mediation involving hundreds of mediation parties relates to fraudulent transfer claims against public shareholders that received $8.3 billion in cash distributions (in the aggregate) as part of the leveraged buyout. The MDL is uncommonly complex and has been before every level of the federal system from the Bankruptcy Court to the U.S. Supreme Court.
In re Toisa Limited
(Bankr. S.D.N.Y.) Mediator in the chapter 11 cases of international shipping fleet owner and operator Toisa Limited.
In re Essar Steel Minnesota LLC
(Bankr. D. Del.) Mediator in the chapter 11 cases of iron ore producer Mesabi Metallics Company LLC (f/k/a Essar Steel Minnesota LLC).
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.
In re Energy Future Holdings Corp., et al.
(Bankr. D. Del.) Counsel to the official committee of unsecured creditors in the chapter 11 cases of Texas power company Energy Future Holdings Corp. and its affiliates, which filed for bankruptcy in April 2014. This is the 10th largest bankruptcy in U.S. history, with the debtors holding approximately $40 billion in debt.
Rankings
Recommended in the area of Corporate Restructuring
Legal 500 US 2023