Andrew J. Currie
Andrew Currie is a partner in the firm's Bankruptcy and Creditors’ Rights Group, which was named among the top five bankruptcy groups in the nation by Bankruptcy Law360 in 2010. Mr. Currie concentrates his practice on debt restructuring, reorganization, insolvency, general bankruptcy matters and transactional work.
Mr. Currie represents commercial debtors, creditors’ committees and individual unsecured and secured creditors in all aspects of bankruptcy and reorganization. Mr. Currie has been heavily involved in negotiating, structuring and closing complicated, multi-million dollar DIP financing and cash collateral transactions on behalf of major lenders and debtors across many industries, and has been instrumental in liquidating and restructuring companies with more than $1 billion in debt.
Mr. Currie also has experience advising landlords, managing distressed investments, conducting contested 363 sales and going-out-of-business sales, negotiating and managing sales of assets in and outside bankruptcy court, negotiating and pursuing known and unknown assets in remnant deals, negotiating, reconciling and objecting to claims, litigating preference demands, and working on out-of-court restructuring and assignments for the benefit of creditors.
Representative Clients
Mr. Currie has represented the debtors in the Chapter 11 proceedings of Smitty's Building Supply, U.S. Office Products Company and Iridium LLC. He has acted as counsel to various secured and unsecured creditors, lenders, bondholders, purchasers of assets, landlords and interested parties in Chapter 11 cases such as Lehman Brothers, Inc., The Great Atlantic & Pacific Tea Company, Thornburg Mortgage, Inc., Townsends, Inc., Budget Group, Inc., Exide Corporation, LTV Steel Company, Bethlehem Steel Corporation, Federal-Mogul Global, Inc., HomeLife Corporation, National Steel Corporation, Hayes Lemmerz International, Inc. and Ogden New York Services, Inc.
Significant Matters
Mr. Currie's recent significant matters include:
- Working with several creditors and swap participants owed in excess of $1 billion in the bankruptcy cases of Lehman Brothers Holdings Inc. and Lehman Brothers OTC Derivatives Inc.;
- Defending and prosecuting fraudulent conveyance actions in Chapter 11 and Chapter 7 cases;
- Negotiating and obtaining approval for debtor-in-possession financing with loan sizes ranging from $3 million to over $500 million;
- Handling restructuring for $60 million investment management company with private equity, LBO and venture funds and fund of funds;
- Assisting in preparing briefs in Lamie v. US Trustee at the United States Supreme Court;
- Representing an investment fund managing its distressed investments;
- Handling all aspects of liquidating or restructuring companies of all sizes from $10 million to more than $1 billion in debt;
- Preparing and negotiating plans of reorganization and liquidation;
- Conducting contested 363 sales and going-out-of-business sales of retail, real estate and other businesses;
- Acting as counsel to creditors in the steel and automotive industries;
- Advising and negotiating deals in New York and Delaware for both buyers and sellers of assets and businesses in and outside of bankruptcy court;
- Negotiating and pursuing known and unknown assets in so-called remnant deals;
- Preparing and negotiating debtor in possession financing and cash collateral agreements;
- Negotiating, reconciling and objecting to over 7000 claims;
- Litigating over 2000 preference demands including over $100 million in preference actions against critical vendors; and
- Working on out-of-court restructuring and assignments for the benefit of creditors.
Activities
Mr. Currie is a guest lecturer on bankruptcy and restructuring for Georgetown University’s McDonough School of Business, an Ambassador for the American Bankruptcy Institute, a contributing editor for
Norton Bankruptcy Law and Practice, Commercial Bankruptcy Litigation, 2010 Edition, and chapter author for
Inside the Minds: Creditors’ Rights in Chapter 11 Cases, 2011 Edition.
He also serves on the Advisory Board of DailyDAC (Deal Acquisition Central), a publication which provides opportunities to invest in, loan to, or buy, non-public companies and assets requiring a quick turnaround.