James Michael Peck

Senior Of Counsel | New York
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(212) 468-8094
I find enormous satisfaction in helping parties resolve their differences and reach successful commercial outcomes in complex insolvency–related disputes.

Experience

(Bankr. D. Del.) Court appointed mediator resulting in settlement of plan related disputes in the chapter 11 cases of Gulf Coast Health Care.

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.

(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.

(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.

(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.

(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.

(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).

(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.

(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.

(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, former 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.

(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.

(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.

(Bankr. S.D.N.Y.) Mediator in the chapter 11 cases of international shipping fleet owner and operator Toisa Limited.

(Bankr. D. Del.) Mediator in the chapter 11 cases of iron ore producer Mesabi Metallics Company LLC (f/k/a Essar Steel Minnesota LLC).

(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.

(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.