Rosa Evergreen is a partner in the firm's Bankruptcy and Restructuring practice. She has been recognized by a number of leading publications for her bankruptcy practice, including Chambers USA (2015-2021), which has described her as “tenacious,” someone who “fights hard for clients” and “knows the ins and outs” of bankruptcy and has “great creativity.”

Ms. Evergreen has experience in all aspects of bankruptcy and corporate restructuring, including complex Chapter 11 cases, asset dispositions and bankruptcy litigation, as well as out of court restructurings and receivership cases. She has been involved in bankruptcy cases in a wide range of industries across the country, including financial services, real estate, environmental, oil and gas, hospitality and healthcare, among others.

Ms. Evergreen has been involved in a number of large bankruptcies, including, AbitibiBowater, Adelphia, ASARCO, Borders, Circuit City, Extraction Oil & Gas, General Motors, LandAmerica, Lehman Brothers, Quebecor, Reader's Digest, The PMI Group, Vertis, and Windstream. She has acted on behalf of corporate debtors, secured and unsecured creditors, bondholders, lenders, trade vendors and suppliers, landlords, contract counterparties, private equity funds, investors and asset purchasers, and individuals and businesses involved in bankruptcy court litigation. She also has experience advising boards of directors and individual officers and directors in insolvency-related matters.

Ms. Evergreen clerked for the Honorable Stephen C. St. John of the United States Bankruptcy Court for the Eastern District of Virginia. While earning her law degree at William & Mary, she was the Symposium Editor on the William & Mary Law Review and a teaching assistant for Evidence, and upon graduation was elected to Order of the Coif and awarded the American Bankruptcy Institute Medal of Excellence in Bankruptcy and the American Bar Association Award for Excellence in Land Use.

Ms. Evergreen served as a Research Fellow for the American Bankruptcy Institute Commission to Study the Reform of Chapter 11, and has published articles on a number of bankruptcy-related topics and lectured at a number of bankruptcy-related continuing legal education programs. Ms. Evergreen also maintains an active pro bono practice. In 2018, she was a co-recipient of the DC Bar's Laura N. Rinaldi Pro Bono Lawyer of the Year award.

Experience

  • Quad/Graphics Inc. as the buyer of substantially all of the assets of Vertis Holdings, Inc. and its affiliated entities in their Delaware Chapter 11 proceedings. 
  • PMI Mortgage Insurance Company in connection with its Arizona receivership and the Delaware Chapter 11 proceeding of its parent company, The PMI Group, Inc.
  • Quebecor World (USA) Inc. and its 52 affiliated debtors as debtors' counsel in their successful Chapter 11 reorganization, In re Quebecor World (USA) Inc. (08-10152), pending in the Southern District of New York.
  • DCP Operating Company, LP in the Chapter 11 proceedings of Extraction Oil & Gas Inc.
  • Creditors and other parties-in-interest in the Lehman Brothers bankruptcy and SIPA proceedings, including the Federal Housing Finance Agency, as Conservator of Freddie Mac and Fannie Mae.
  • Cortland Capital Market Services LLC, in its role as agent with respect to first lien credit facilities in the Chapter 11 proceedings of Windstream.
  • The acquirer of the equity in the W Hotel in Union Square in New York City from the mezzanine lender in the lender's Chapter 11 proceedings the District of Delaware.
  • Health Care REIT in the LandAmerica bankruptcy in the Eastern District of Virginia; obtained $137 million recovery on an expedited basis.
  • The Robert and Dee Leggett Foundation, a charitable and preservationist foundation, in connection with the Virginia bankruptcy proceeding of Loudoun Heights, LLC.
  • International company listed on the Oslo Stock Exchange in its acquisition of certain assets of a provider of tactical integrated electronic systems from a state law insolvency proceeding.
  • Trade vendors on relationships with debtors, including issues such as reclamation, offset and recoupment.
  • Investors and asset purchasers in section 363 sales.
  • Landlords and counterparties to executory contracts in bankruptcy proceedings throughout the United States.
  • Officers and directors of bankrupt companies, including advising officers and directors on fiduciary duties and responsibilities, representing officers and directors with respect to indemnification and D&O insurance claims in bankruptcy proceedings, and defending litigation.
  • American Capital in a federal class action case under the Worker Adjustment and Retraining Notification Act (WARN Act).

Perspectives

Chapter 14: Intersection of Environmental Law and Bankruptcy Law
Commercial Bankruptcy Litigation, 2021 Edition
National Conference of Bankruptcy Judges: Musings of a Chapter 11 Mind
Panelist, Virtual Insolvency 2020 Summit
Key U.S. Antitrust Issues in Bankruptcy Sale-Transactions (pdf)
AIRA Journal, Vol. 33, No. 2
Arnold & Porter Discusses Covid-19 and Antitrust, Bankruptcy, and Distressed Sales
CLS Blue Sky Blog
Key Antitrust Considerations For Upcoming Bankruptcy Sales
Bankruptcy Law360, Competition Law360, Compliance Law360, Food & Beverage Law360, Hospitality Law360, Mergers & Acquisitions Law360, Retail & E-Commerce Law360
More

Recognition

Chambers USA
Bankruptcy/Restructuring (DC) (2015-2021)
Washingtonian Magazine
"Top Lawyers" – Bankruptcy (2017, 2018, 2020)
Lawdragon 500
"Leading US Lawyer"–Bankruptcy & Restructuring (2020)
More

Credentials

Education
  • JD, William & Mary Law School, 2005, Order of the Coif
  • MBA, The College of William & Mary, 2005
  • BA, Sociology and Psychology, Georgetown University, 2000, magna cum laude
Admissions
  • District of Columbia
  • Virginia
  • US District Court, District of Columbia
  • US District Court, Eastern District of Virginia
  • US District Court, District of Maryland
  • United States Bankruptcy Court for the Eastern District of Virginia
Clerkships
  • United States Bankruptcy Court, E.D. Virginia, The Honorable Stephen C. St. John
Activities
  • Member, International Women's Insolvency & Restructuring Confederation (IWIRC) (Director of Communications & Newsletter for IWIRC, and Washington, DC Network Board Member)
  • Member, Turnaround Management Association (TMA) (Member of Board of Directors, Chesapeake Chapter of Turnaround Management Association)
  • Advisory Committee, William & Mary Journal of Race, Gender, and Social Justice (previously known as William & Mary Journal of Women and the Law)
  • Barrister, Walter Chandler American Inn of Court
  • Member, American Bar Association (ABA) (Business Bankruptcy Committee for the Business Law Section, and ABA Women Rainmakers)
  • Member, American Bankruptcy Institute (ABI)
  • Steering Committee for the ABI “40 under 40” Program (2021)
  • ABI NYC Professional Development Conference Advisory Board (2019)
  • Served as Research Fellow for the ABI Commission to Study the Reform of Chapter 11
  • Served as Member of ABI Workshop Advisory Council, ABI Workshop: Turnaround and Secured Lending Program (2016)
  • Served as Member of ABI Workshop Advisory Council, ABI Workshop: Lending to Distressed Companies: Credit Analysis to Exit Strategy (or Keeping the Benefit of Your Bargain) (2014)
Overview

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