Andrew Kissner

Of Counsel | New York
|
(212) 336-4117

Experience

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.

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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.


Super Lawyers 2022

Recognized as a “Rising Star”