Charles A. Malloy

Charles Malloy represents clients in complex restructuring transactions and commercial and bankruptcy litigation. He advises parties with respect to in-court and out-of-court workouts and restructurings, the planning and negotiation of prepackaged or pre-arranged bankruptcy filings, debtor-in-possession financing, contested motions to use cash collateral, asset sales, and the negotiation and confirmation of chapter 11 plans. Mr. Malloy has a broad-based litigation practice with an emphasis on representing clients in commercial and bankruptcy-related litigation, as well as in breach of duty, contract, and product liability matters. His experience in bankruptcy litigation includes disputes concerning ownership and title of property, lien priority, fraudulent transfers and preferences, equitable subordination and recharacterization claims, and in litigation related to the termination and close-out of swaps and other derivative contracts. He has litigated bankruptcy appeals involving fraudulent transfers, enforcement of a unilateral option to obtain financing, and bankruptcy court jurisdiction. He also advises asset purchasers, lenders, lessors, vendors, and strategic investors on structuring and documenting transactions to mitigate insolvency-related risk.