Charles Malloy advises clients on issues arising in all phases of bankruptcy, insolvency, and distressed situations. He has counseled creditors and debtors in out-of-court workouts and restructurings, as well as in the planning and negotiation of prepackaged or pre-arranged bankruptcy filings. Mr. Malloy has also represented clients in a broad range of bankruptcy court litigation, including defending actions for breach of fiduciary duty, fraudulent transfer, preferences, equitable subordination and recharacterization, as well as in litigation following the termination and close-out of swap agreements. He has litigated bankruptcy appeals on issues involving the interpretation of a unilateral option to obtain financing and on the reaches of bankruptcy court jurisdiction. He has advised asset purchasers and strategic investors on bankruptcy-related transactions, and represented the interests of landlords, secured creditors, major vendors and unsecured creditors, and creditor committees in all stages of bankruptcy cases.
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.
- 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 (13-53846).
- Quebecor World (USA) Inc. and its affiliated debtors-in-possession 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.
- Motorola in the Chapter 11 case of In re Adelphia Communications Corp. (02-41729) and in related bankruptcy litigation in the Southern District of New York wherein Adelphia asserted claims for aiding and abetting breach of fiduciary duty, recovery of alleged fraudulent transfers and preferences, and seeking disallowance or equitable subordination.
- Foreign financial institution in litigation arising out of the close-out and termination of swaps in the Lehman Brothers Chapter 11 case.
- Major landlords in Plusfunds Group Chapter 11 case in Southern District of New York and in the New Century and Cable & Wireless Chapter 11 cases in District of Delaware.
- 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.
- Financial institution as secured lender in bankruptcy litigation involving fraudulent transfer, preference, equitable subordination, recharacterization and "deepening insolvency" theories.
- Creditor as plan proponent in contested confirmation hearing regarding competing Chapter 11 plans, obtaining confirmation of creditor's liquidating plan over debtor's reorganization plan.
- Court appointed receiver in a federal receivership case in the United States District Court for the District of Puerto Rico.
- JD, Vanderbilt University Law School, 2001
- BA, George Washington University, 1998
- District of Columbia
- New York
American Bankruptcy Institute, Membership Relations Director and List Serve Coordinator, Labor and Employment Committee
Member, Turnaround Management Association