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Representative Matters

  • U. S. v. Pineda-Moreno (9th Cir. 2012) -- Represented as amici curiae the American Civil Liberties Union and the American Civil Liberties Union of Oregon in support of defendant-appellant effort to overturn his conviction on grounds of improper search of his car on his driveway in violation of the Fourth Amendment; issue on remand from the U.S. Supreme Court was the scope of curtilage in light of intervening U.S. v. Davis decision.
  • Korneff v. Downey Regional Medical Center-Hospital, Inc. (In re Downey Regional Medical Center-Hospital, Inc.) (9th Cir. B.A.P. 2010) -- Represented debtor-appellee in its successful effort to retain $1 million in funds from a “top hat” retirement account that were sought by a former executive.
  • The Northwest Mutual Life Ins. Co. v. Delta Airlines, Inc. (2d Cir. 2010)—Represented aircraft lessors holding leveraged lease-related tax indemnity claims totaling approximately US$230 million; won a landmark ruling from the Second Circuit upholding the validity of such claims in test-case litigation (Lead counsel on brief and argument; opposing counsel:  Kris Hansen, Stroock).

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Recognition
  • Daily Journal's "Top Women Lawyers" 2011; 2013

  • Chambers USA: America's Leading Lawyers for Business 2012 for Bankruptcy/Restructuring (California)

  • Southern California Super Lawyers 2011-2012 for Bankruptcy & Creditor/Debtor Rights

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Education
  • JD, Yale Law School, 1974
  • BA, Wellesley College, 1971

Admissions
  • California
  • Illinois
  • District of Columbia
  • New York
  • Supreme Court of the United States
  • US Court of Appeals for the Second, Third, Sixth, Seventh, and Ninth Circuits
  • US District Courts for the Central, Eastern, Northern, and Southern Districts of California
  • US District Court for the Northern District of Illinois
  • US District Court for the Southern District of New York

Publications, Presentations, and Multimedia
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Professional and Community Activities
  • American Bankruptcy Institute, Board Member (1994 - 2000)

    • Co-reporter of the Advisory Committee on Executory Contracts and Leases, American Bankruptcy Institute's Commission on the Reform of Chapter 11 (2012-present)
  • American Bar Association

    • Commission on Women in the Profession, Founding Member (1987 - 1991)
    • Standing Committee on Federal Judicial Improvements (1995 - 1998)
    • Joint Task Force on Bankruptcy Court Structure and Insolvency Processes, Member (1994 - present)
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Los Angeles
tel: +1 213.243.4019
fax: +1 213.243.4199
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Partner
Practice Focus

Bankruptcy and Corporate Restructuring

Lisa Hill Fenning, a fellow of the American College of Bankruptcy, is a partner in the bankruptcy and corporate reorganization practice group. She advises and represents companies in the real estate, communications, entertainment, healthcare, sports, energy, travel, transportation, technology, and other industries with respect to corporate and financial restructuring, asset acquisitions and mergers in bankruptcy, and bankruptcy and insolvency-related litigation, drawing upon her extensive experience in presiding over thousands of chapter 11 corporate reorganizations as a bankruptcy judge. Ms. Fenning also serves as a mediator in bankruptcy-related matters, including plan mediations and litigation disputes, and advises clients on negotiating and structuring transactions to provide protection from potential counterparty bankruptcies.

From 1985 to 2000, Ms. Fenning served as a US Bankruptcy Judge for the Central District of California, and then as a mediator with JAMS. Before her appointment to the bench, she was a litigator and bankruptcy practitioner with firms in Chicago and Los Angeles. Ms. Fenning graduated Yale Law School, following which she clerked for the Honorable Philip W. Tone of the US Court of Appeals for the Seventh Circuit.

Bankruptcy and Corporate Restructuring Representative Matters

  • U. S. v. Pineda-Moreno (9th Cir. 2012) -- Represented as amici curiae the American Civil Liberties Union and the American Civil Liberties Union of Oregon in support of defendant-appellant effort to overturn his conviction on grounds of improper search of his car on his driveway in violation of the Fourth Amendment; issue on remand from the U.S. Supreme Court was the scope of curtilage in light of intervening U.S. v. Davis decision.
  • Korneff v. Downey Regional Medical Center-Hospital, Inc. (In re Downey Regional Medical Center-Hospital, Inc.) (9th Cir. B.A.P. 2010) -- Represented debtor-appellee in its successful effort to retain $1 million in funds from a “top hat” retirement account that were sought by a former executive.
  • The Northwest Mutual Life Ins. Co. v. Delta Airlines, Inc. (2d Cir. 2010)—Represented aircraft lessors holding leveraged lease-related tax indemnity claims totaling approximately US$230 million; won a landmark ruling from the Second Circuit upholding the validity of such claims in test-case litigation (Lead counsel on brief and argument; opposing counsel:  Kris Hansen, Stroock).
  • Milavetz, Gallop & Milavetz, P.A. v. United States  (U.S. Sup. Ct. 2010) -- Represented as amicus curiae the American Bar Association in support of consumer bankruptcy law firm’s appeal of a determination that it was a “debt relief agency” within the meaning of the Bankruptcy Reform and Consumer Protection Act of 2005.
  • In re Digital Domain (Bankr. D. Del.) -- Representing patent licensees to protect their interests in connection with sale of patents for the conversion of motion pictures from 2D to 3D;
  • In re MSR (Bankr. S. D. N.Y.) -- Representing the Professional Golfers Association in connection with the enforcement of its trademark license agreement with resort owner;
  • In re Eastman Kodak (Bankr. S.D.N.Y.) -- Representing contract counterparties; obtained a settlement that resulted in amended and assumed supply agreements and full repayment of prepetition cure amounts;
  • In re Solyndra (Bankr. D. Del.) -- Represented German equipment manufacturer in negotiating  key settlement that formed part of the foundation for solar manufacturer’s plan of reorganization;
  • In re Downey Regional Medical Center Hospital, Inc. (Bankr. C.D. Cal.)—Represented nonprofit community acute care hospital in its successful chapter 11 reorganization, in which a standalone plan was funded by an unprecedented mix of asset-based financing and issuance of new municipal bond financing;
  • In re Syms Corp. (Bankr. S.D.N.Y) -- Represented acquirer of a Fifth Avenue office building in negotiating the termination of debtor’s retail lease on emergency basis to facilitate closing of the acquisition;
  • In re Meruelo Maddux - 845S. Flower Street, LLC (Bankr. C.D.Cal.)—Succeeded in obtaining full payment of interest, principal and fees for construction lender;
  • In re CPW Acquisition Corp. (Bankr. S.D.N.Y.)—Succeeded in obtaining full payment for lender against international package of real estate collateral;
  • In re Halekua Development Co. (Bankr. D. Hawaii)—Representing lender in financing of chapter 7 debtor’s repurchase of real estate development from chapter 7 trustee (pending);
  • In re Currahee Partners (Bankr. N.D. Ga.)—Representing private equity investor in resort development chapter 11 case (pending);
  • In re Delta Airlines, Inc. (Bankr. S.D.N.Y.)—Represented aircraft lessors holding leveraged lease-related tax indemnity claims totaling approximately US$230 million; won a 2010 landmark ruling from the Second Circuit upholding the validity of such claims in test-case litigation;
  • In re 3dfx, Inc. (Bankr. N.D. Cal)—Represented landlord who was the largest general unsecured creditor of failed publicly held technology company;
  • In re Adelphia Communications Corp. (Bankr. S.D.N.Y.)—Represented major provider of programming in the restructuring of its contracts with ACC and the successful resolution of administrative contract claims arising from termination of the new contracts upon sale of the assets;
  • In re United Airlines, Inc. (Bankr. N.D. Ill.)—Represented five aircraft lessors and two real property lessors holding filed claims of nearly US$1 billion. Successfully defended test-case litigation challenging leveraged lease-related tax indemnity claims;
  • In re Pacific Gas and Electric Company (Bankr. N.D. Cal.)—Represented parent of utility company in the largest utility chapter 11 case, with primary responsibility for jurisdiction and enforcement issues in successful solvent company reorganization; and
  • In re Kaiser Aluminum Corporation (Bankr. D. Del.)—Represented parent of major aluminum manufacturer with respect to tax allocation and other intercompany issues.

Representative Matters

  • U. S. v. Pineda-Moreno (9th Cir. 2012) -- Represented as amici curiae the American Civil Liberties Union and the American Civil Liberties Union of Oregon in support of defendant-appellant effort to overturn his conviction on grounds of improper search of his car on his driveway in violation of the Fourth Amendment; issue on remand from the U.S. Supreme Court was the scope of curtilage in light of intervening U.S. v. Davis decision.  
  • Korneff v. Downey Regional Medical Center-Hospital, Inc. (In re Downey Regional Medical Center-Hospital, Inc.) (9th Cir. B.A.P. 2010) -- Represented debtor-appellee in its successful effort to retain $1 million in funds from a “top hat” retirement account that were sought by a former executive.
  • The Northwest Mutual Life Ins. Co. v. Delta Airlines, Inc. (2d Cir. 2010)—Represented aircraft lessors holding leveraged lease-related tax indemnity claims totaling approximately US$230 million; won a landmark ruling from the Second Circuit upholding the validity of such claims in test-case litigation (Lead counsel on brief and argument; opposing counsel:  Kris Hansen, Stroock).
  • Milavetz, Gallop & Milavetz, P.A. v. United States  (U.S. Sup. Ct. 2010) -- Represented as amicus curiae the American Bar Association in support of consumer bankruptcy law firm’s appeal of a determination that it was a “debt relief agency” within the meaning of the Bankruptcy Reform and Consumer Protection Act of 2005.
  • In re Digital Domain (Bankr. D. Del.) -- Representing patent licensees to protect their interests in connection with sale of patents for the conversion of motion pictures from 2D to 3D;
  • In re MSR (Bankr. S. D. N.Y.) -- Representing the Professional Golfers Association in connection with the enforcement of its trademark license agreement with resort owner;
  • In re Eastman Kodak (Bankr. S.D.N.Y.) -- Representing contract counterparties; obtained a settlement that resulted in amended and assumed supply agreements and full repayment of prepetition cure amounts;
  • In re Solyndra (Bankr. D. Del.) -- Represented German equipment manufacturer in negotiating  key settlement that formed part of the foundation for solar manufacturer’s plan of reorganization;
  • In re Downey Regional Medical Center Hospital, Inc. (Bankr. C.D. Cal.)—Represented nonprofit community acute care hospital in its successful chapter 11 reorganization, in which a standalone plan was funded by an unprecedented mix of asset-based financing and issuance of new municipal bond financing;
  • In re Syms Corp. (Bankr. S.D.N.Y) -- Represented acquirer of a Fifth Avenue office building in negotiating the termination of debtor’s retail lease on emergency basis to facilitate closing of the acquisition;
  • In re Meruelo Maddux - 845S. Flower Street, LLC (Bankr. C.D.Cal.)—Succeeded in obtaining full payment of interest, principal and fees for construction lender;
  • In re CPW Acquisition Corp. (Bankr. S.D.N.Y.)—Succeeded in obtaining full payment for lender against international package of real estate collateral;
  • In re Halekua Development Co. (Bankr. D. Hawaii)—Representing lender in financing of chapter 7 debtor’s repurchase of real estate development from chapter 7 trustee (pending);
  • In re Currahee Partners (Bankr. N.D. Ga.)—Representing private equity investor in resort development chapter 11 case (pending);
  • In re Delta Airlines, Inc. (Bankr. S.D.N.Y.)—Represented aircraft lessors holding leveraged lease-related tax indemnity claims totaling approximately US$230 million; won a 2010 landmark ruling from the Second Circuit upholding the validity of such claims in test-case litigation;
  • In re 3dfx, Inc. (Bankr. N.D. Cal)—Represented landlord who was the largest general unsecured creditor of failed publicly held technology company;
  • In re Adelphia Communications Corp. (Bankr. S.D.N.Y.)—Represented major provider of programming in the restructuring of its contracts with ACC and the successful resolution of administrative contract claims arising from termination of the new contracts upon sale of the assets;
  • In re United Airlines, Inc. (Bankr. N.D. Ill.)—Represented five aircraft lessors and two real property lessors holding filed claims of nearly US$1 billion. Successfully defended test-case litigation challenging leveraged lease-related tax indemnity claims;
  • In re Pacific Gas and Electric Company (Bankr. N.D. Cal.)—Represented parent of utility company in the largest utility chapter 11 case, with primary responsibility for jurisdiction and enforcement issues in successful solvent company reorganization; and
  • In re Kaiser Aluminum Corporation (Bankr. D. Del.)—Represented parent of major aluminum manufacturer with respect to tax allocation and other intercompany issues.

Rankings

Daily Journal's "Top Women Lawyers" 2011; 2013

Chambers USA: America's Leading Lawyers for Business 2012 for Bankruptcy/Restructuring (California)

Southern California Super Lawyers 2011-2012 for Bankruptcy & Creditor/Debtor Rights

Chambers USA: America's Leading Lawyers for Business 2011 for Bankruptcy/Restructuring

Professional and Community Activities

Professional Activity

  • American Bankruptcy Institute, Board Member (1994 - 2000)

    • Co-reporter of the Advisory Committee on Executory Contracts and Leases, American Bankruptcy Institute's Commission on the Reform of Chapter 11 (2012-present)
  • American Bar Association

    • Commission on Women in the Profession, Founding Member (1987 - 1991)
    • Standing Committee on Federal Judicial Improvements (1995 - 1998)
    • Joint Task Force on Bankruptcy Court Structure and Insolvency Processes, Member (1994 - present)
  • American Bar Foundation Fellow

  • American College of Bankruptcy Fellow

    • Ninth Circuit Council for the Board of Regents, Chair (1995 - 1998)
  • California State Bar

    • Committee on Women in the Law, Founding Member (1984 - 1987); Chair (1986 - 1987)
    • Insolvency Law Committee, Member (2002 - 2005), Ex Officio Advisor (2005 - 2010)
  • Los Angeles Bankruptcy Forum , Board Member (2000 - 2004), Member (1985 - Present)

  • National Conference of Bankruptcy Judges Board Member (1989 - 1992), Member (1985 - Present)

    • Endowment for Education, Board Member (1992 - 1997); Chair (1994 - 1995)
  • National Conference of Women's Bar Associations (1985 - 1989)

    • President (1987 - 1988); President Elect (1986 - 1987); Vice President (1985 - 1986) Member of the Board (1985 - 1989)
Articles
Books
Presentations
Advisories