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.
Mr. Malloy also has a background in healthcare bankruptcy and restructuring, having represented facility owners, lessors, vendors, and suppliers on the creditor side, and hospitals on the debtor side. He has advised on issues at the intersection of labor law and bankruptcy, including litigation and appeals from the rejection of collective bargaining agreements and modification of retiree benefits.
Mr. Malloy maintains an active pro bono practice focused on District of Columbia landlord-tenant law and tenant rights.
- Ad hoc lender group in the Chapter 11 restructuring of The Hertz Corporation (Bankr. D. Del. 20-11218) and in a related adversary proceeding concerning the avoidance of certain transfers.
- Ministry of Finance of the Republic of Colombia in the Chapter 11 case of Avianca Holdings S.A. (Bankr. S.D.N.Y. 20-11133).
- Landlord in the Chapter 11 bankruptcy of Cosi Inc. (Bankr. D. Del. 20-10417).
- Tiffany and Company in the Chapter 11 of Miami Metals I, Inc. (Bankr. S.D.N.Y. 18-13359) and in related litigation.
- Ad hoc lender group in the Chapter 11 case of Cumulus Media Inc. (Bankr. S.D.N.Y. 17-13381).
- Creditors in the Chapter 7 bankruptcy case of Zetta Jet USA, Inc. (Bankr. C.D. Cal. 17-21386).
- Secured lender group in the Chapter 11 liquidation of Forest Capital, LLC (Bankr. D. Md. 16-13850).
- The Police and Fire Retirement System of the City of Detroit and the General Retirement System of the City of Detroit in the Chapter 9 bankruptcy of the City of Detroit, Michigan (Bankr. E.D. Mich. 13-53846).
- Defendant in adversary proceeding alleging fiduciary duty claims brought in the Chapter 11 case of ASHINC Corp. (Bankr. D. Del. 12-11564).
- Quebecor World (USA) Inc. and its affiliated debtors-in-possession as debtors' counsel in their successful Chapter 11 reorganization (Bankr. S.D.N.Y. 08-10152).
- Foreign financial institution in litigation arising out of the close-out and termination of swaps in the Lehman Brothers Chapter 11 case.
- US Airways Inc. and its affiliated debtors-in-possession in their successful Chapter 11 reorganization -- In re U.S. Airways Inc. (04-13819) in the Eastern District of Virginia.
- Real estate investment trust as landlord and secured lender in health care bankruptcy cases in the District of Delaware, the District of Columbia, Connecticut and the Northern District of Indiana, among others.
- Private equity and other investment funds in bankruptcy, workout and related litigation matters in bankruptcy and other courts throughout the United States.
- Court appointed receiver in a federal receivership case in the United States District Court for the District of Puerto Rico.
- J.D., Vanderbilt University Law School, 2001
- B.A., George Washington University, 1998
- District of Columbia
- New York
- American Bankruptcy Institute, Special Projects, Real Estate Committee