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.
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
Lisa Hill Fenning "
Q&A With Arnold & Porter's Lisa Fenning"
Bankruptcy Law360, March5, 2013
Lisa Hill Fenning "
Summary of United States Bankruptcy and Insolvency Law"
Co-authored with I. Goldstein, Insolvency & Restructuring in 48 Jurisdictions Worldwide (Getting the Deal Through: London, 2007, 2008)
Lisa Hill Fenning "
Executory Contract Issues and Strategies"
Understanding the Legal Issues Behind Executory Contracts in Bankruptcy (Aspatore, Inc., 2006)
Lisa Hill Fenning "
Using ADR Tools to Solve the Problems of Financially Distressed Businesses"
Alternative Dispute Resolution Settlements and Negotiations (Aspatore Inc., 2006)
Lisa Hill Fenning, J. Esher and E. Katz "
Guide to Bankruptcy Mediation"
2d. Ed. (American Bankruptcy Institute: Washington, DC 2009)
Lisa Hill Fenning "
You're on a Need to Know Basis and You Don't Need to Know: Tensions in the Application of Bankruptcy Rule 2019(a)" Panelist, National Conference of Bankruptcy Judges, New Orleans, LA, October 16, 2010
Lisa Hill Fenning "
Back to the Future: Bankruptcy Litigation is Back with a Vengeance" Panelist, American Bankruptcy Institute's Bankruptcy Battleground West, Los Angeles, CA, March 5, 2010
Lisa Hill Fenning "
Flexibility vs. Predictability: The Bankruptcy Policy Wars Continue" Keynote Address, Annual Bankruptcy Law Symposium, Southwestern Law School, February 12, 2010
Lisa Hill Fenning "
Discrete Legal Issues in a Distressed Transaction - Substantive Consolidation" Panelist, CLE International's LA Real Estate Restructuring, Los Angeles, CA, January 22, 2010
Lisa Hill Fenning "
Busy in Bankruptcy? Try Mediation" Panelist, MCLE Spectacular sponsored by Contra Costa County Bar Association, Walnut Creek, CA, December 20, 2009
Lisa Hill Fenning "
Executory Contracts: What Every Attorney Needs to Know" Faculty, Lorman Webinars, March 27, 2009 (September 21, 2009)
Lisa Hill Fenning "
Escape From Hotel California? Trying to Sell Trapped Assets Before They Die" Moderator, American Bankruptcy Institute's Bankruptcy Battleground West, Beverly Hills, CA, March 13, 2009
Lisa Hill Fenning "
If You Can Make It (Work) Here, You Can Make It (Work) Anywhere: Alternative Dispute Resolution in Mass Torts and Complex Reorganization Cases" Panelist, American Bankruptcy Institute Winter Leadership Conference, Tucson, AZ, December 6, 2008
Lisa Hill Fenning "
New Adventures in Fee Collection: Drafting and Enforcing Attorneys' Fees Clauses after Travelers" Panelist, California State Bar Insolvency Law Committee, Webinar (June 14, 2007)
Lisa Hill Fenning "
Prove It? A Discussion of Evidence" Panelist, American College of Bankruptcy Annual Meeting, Washington, DC (March 24, 2007)