Brett is the Managing Partner of the New York office, a partner in the Business Restructuring & Insolvency Group, and the co–chair of the Distressed Real Estate Group. His clients include official and ad hoc creditors’ committees, bank groups, individual lenders, court–appointed fiduciaries, debtors, and investors that focus on distressed situations.

Brett advises on chapter 11 cases, out–of–court restructurings, bankruptcy–related acquisitions, cross–border insolvency matters, bankruptcy–related litigation, and insolvency–sensitive transactions. He has represented parties in restructurings in industries such as real estate, transportation, retail, manufacturing, food service, oil and gas, and media.

Brett is a fellow of the American College of Bankruptcy, an invitation–only organization that includes leading practitioners, judges, and academics in the field of insolvency law. He is listed as a leading lawyer for Bankruptcy & Restructuring in Chambers Global, Chambers USA, and Legal 500 US. Brett has been recognized by Law360 as an “MVP” of the bankruptcy bar. Turnarounds & Workouts also named him an “Outstanding Restructuring Lawyer” for 2014 and 2015.

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Experience

  • (Bankr. S.D.N.Y.) Counsel to the official committee of unsecured creditors of Grupo Aeroméxico, S.A.B. de C.V. and its affiliated debtors in their chapter 11 cases. Aeroméxico is the leading airline in Mexico and a founding member of the SkyTeam alliance. Prior to the Covid-19 pandemic, Aeroméxico offered approximately 4,000 weekly passenger flights to 42 destinations in Mexico and 41 destinations in the United States, Canada and abroad. Aeroméxico generated $3.1 billion in annual revenues during 2019 and had approximately 14,750 employees and $1.9 billion in funded debt as of its petition date.

  • (Bankr. S.D.N.Y.) Counsel to the official committee of unsecured creditors of Avianca Holdings S.A. and its 38 affiliated debtors in their chapter 11 cases. Avianca is the largest airline in Colombia and El Salvador and the second largest in Latin America. Prior to the Covid-19 pandemic, Avianca offered passenger services on more than 5,350 weekly flights to more than 76 destinations in 27 countries, and generated approximately $3.9 billion in annual revenues. As of the petition date, Avianca had approximately 18,900 employees and reported outstanding indebtedness of approximately $5.4 billion.

  • Counsel to the ad hoc group of senior secured noteholders, and special counsel to the indenture trustee, in the chapter 11 cases of EP Energy, an oil and gas exploration company with assets in Texas and Utah and more than $4.5 billion of debt and other obligations.

  • Counsel to ad hoc group of convertible noteholders and Wilmington Trust as special counsel in connection with the chapter 11 cases of Aceto, a global generic drug manufacturing and chemical distribution company, in the U.S. Bankruptcy Court for the District of New Jersey.

  • Counsel to the ad hoc group of first lien noteholders, as noteholders and backstop DIP lenders, in the chapter 11 bankruptcy of Sanchez Energy Corp., a Houston-based exploration and production company, with over $2.275 billion in funded debt.

  • (Bankr. S.D.N.Y.) Counsel to Louis J. Freeh, former Federal Judge and former Director of the Federal Bureau of Investigation, as chapter 11 trustee for MF Global in its chapter 11 bankruptcy proceeding. With $41 billion in assets at the time of filing, MF Global was the largest bankruptcy filing of 2011 and the eighth largest in U.S. history. This case involves a wind down of an extremely complex global operation and the realization of value from various entities in the MF Global Group, many of which are in their own administration or liquidation proceedings domestically and internationally.

  • (Bankr. S.D.N.Y.) Counsel to Eurohypo Bank AG’s New York Branch as agent and the bank group that had more than $2.6 billion of exposure to GGP. Soon after confirmation of GGP’s reorganization plan, MoFo worked with the agent to defeat GGP’s objection to the agent’s claim for default interest on the loan and obtained an order from the bankruptcy court awarding the agent, for the benefit of the lenders, almost $100 million in contract-rate default interest.

  • (Bankr. S.D.N.Y.) Counsel to the largest creditor in Extended Stay Inc.’s chapter 11 bankruptcy case, with over $1.5 billion of exposure. After the Litigation Trust commenced a fraudulent conveyance lawsuit, became lead counsel for a group of mezzanine lenders owed $3.3 billion and won dismissal of the lawsuit. Extended Stay is the largest bankruptcy filing in the history of the hospitality industry with nearly $8 billion in debt.

  • (Bankr. D. Del.) Counsel to the official committee of unsecured creditors of the Los Angeles Dodgers in its chapter 11 bankruptcy. A plan of reorganization was confirmed by the Bankruptcy Court on April 13, 2012, pursuant to which the baseball team was sold for a record $2 billion. Unsecured creditors received a 100% cash recovery under the plan, in what is the largest and most successful restructuring of a sports franchise in U.S. history.

  • (Bankr. S.D.N.Y.) Counsel to the official committee of unsecured creditors of Republic Airways Holdings Inc. and its affiliated debtors in their chapter 11 cases. Republic provides regional passenger services through its wholly owned subsidiaries, Shuttle America, and Republic Airlines, which operate approximately 1,000 daily flights through codeshare agreements with United Continental Holdings, Inc., Delta Air Lines, Inc., and American Group, Inc.

  • (Bankr. S.D.N.Y.) Counsel to the official committee of unsecured creditors of supermarket retailer Tops Holding II Corporation and affiliates in their chapter 11 cases. The company filed for chapter 11 in February 2018 with over $748 million in funded indebtedness and substantial pension liabilities.

  • (Bankr. D. Del.) Counsel to the ad hoc group of secured and unsecured noteholders in connection with the chapter 11 prepackaged plan of Southeastern Grocers LLC – one of the largest conventional supermarkets in the United States operating under the Winn-Dixie, Bi-Lo, Harveys, and Fresco y Más banners – successfully rationalizing its 704-store footprint and restructuring more than $1.5 billion of debt and other obligations, paying unsecured trade creditors in full.

  • (Bankr. D. Del.) Counsel to the ad hoc committee of unsecured creditors of TMP Directional Marketing in its liquidating prepackaged chapter 11 bankruptcy. MoFo coordinated and facilitated a unique and novel solution: a prepackaged bankruptcy secured by the vote of trade creditors, who overwhelmingly supported the plan.

  • (Bankr. D. Haw.) Counsel to the official committee of unsecured creditors of Hawaiian Telcom, the leading provider of telecommunications services in the State of Hawaii.

  • (Bankr. D. Del.) Counsel to the official committee of unsecured creditors of Fairfield Residential LLC, a large multi-family and low income housing developer and property manager, in its chapter 11 reorganization. Currently represent the FFR Trust, the liquidating trust that was formed post-petition to liquidate the debtors’ remaining assets, resolve claims, and facilitate distributions to creditors.

  • Counsel to three non-debtor subsidiaries holding in excess of 130 properties, which were transferred to Transform Holdco LLC as the successful bidder on the Sears assets.

  • Counsel to the official committee of unsecured creditors in numerous cases, including Pinnacle Airlines, Northwest Airlines, US Airways (I and II), Mesa Airlines, Skybus Airlines, Independence Air, Hawaiian Airlines, and Global Aviation Holdings.

  • (Bankr. E.D. Va.) Counsel to semiconductor company Qimonda AG in its chapter 15 bankruptcy case.

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