Rosa Evergreen, who has been recognized by Chambers USA, 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.

Ms. Evergreen has been involved in a number of large bankruptcies, including, AbitibiBowater, Adelphia, ASARCO, Borders, Circuit City, General Motors, LandAmerica, Lehman Brothers, Quebecor, Reader's Digest, The PMI Group, and Vertis. She has acted on behalf of corporate debtors, secured and unsecured creditors, bondholders, trade vendors and suppliers, landlords, contract counterparties, private equity funds, investors and asset purchasers, and individuals and businesses involved in bankruptcy court litigation. She has been involved in bankruptcy cases in a wide range of industries across the country, including financial services, real estate, environmental, hospitality, and healthcare, among others. 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.

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.
  • 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.
  • 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

Recent Developments—Bankruptcy Case Law Updates
26th Annual Hal J. Bonney, Jr., Seminar on Bankruptcy Law and Practice, Norfolk, VA
A Look At The New Qualified Financial Contracts Rule
Asset Management Law360, Banking Law360, Bankruptcy Law360, Capital Markets Law360, Public Policy Law360, Securities Law360
Federal Reserve Board and FDIC Restrict Immediate Exercise of Default Rights in Qualified Financial Contracts of GSIBs
Advisory
Sixth Annual Leadership Conference: Power, Accountability, and Humility
Panelist, William & Mary Law School
Annual Bankruptcy Case Law Update
Presenter, The Northern Virginia Bankruptcy Bar Association, Fairfax, VA
More

Recognition

Best Lawyers
Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (2018)
Chambers USA
Bankruptcy/Restructuring (DC) (2015-2017)
Washington, DC Super Lawyers
Bankruptcy; Creditor Debtor Rights (2017)
"Rising Star" – Bankruptcy; Creditor Debtor Rights (2016)
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
  • US 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) (Co-Chair, Washington, DC Network)

  • Member, Turnaround Management Association (TMA) (Member of Board of Directors and Co-Chair of TMA Network of Women, Chesapeake Chapter of Turnaround Management Association)

  • Advisory Committee, William & Mary Journal of Women and the Law

  • Barrister, Walter Chandler American Inn of Court

  • Member, American Bankruptcy Institute (ABI)

  • Member, American Bar Association (ABA) (Business Bankruptcy Committee for the Business Law Section, and ABA Women Rainmakers)

  • Member, Virginia State Bar

  • 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

  • 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)

Overview

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