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Overview

Seth Goldman represents parties in corporate restructurings and bankruptcy-related litigation. A Fellow of the American College of Bankruptcy, he has been recognized by his peers as one of the leading bankruptcy lawyers in the country.

With clients that include debtors, creditors, shareholders, independent directors and special board committees, official and ad hoc committees and investors, Seth advises on the full range of bankruptcy issues:

  • Restructuring – negotiating and executing restructuring transactions in or out of court
  • Fiduciary duties – counseling boards, special committees and management on fiduciary duties in the context of financial restructuring and bankruptcy
  • Financing – advising borrowers and lenders on secured and unsecured financings, negotiating forbearance, amendment and standstill agreements, debt-for-equity and other exchanges and debtor-in-possession financing
  • Asset sales – representing funds, investors, debtors and others as buyers and sellers of assets in and out of bankruptcy
  • Litigation – representing estates and third parties in disputes involving fiduciary duties, fraudulent transfers and preferences, as well as bankruptcy case and plan-related litigation
  • Appeals – representing debtors and creditors in appeals from bankruptcy court decisions

Seth frequently writes and lectures on issues in bankruptcy. He is a contributing author to Collier on Bankruptcy, the preeminent bankruptcy law treatise. He has also released educational videos through LexisNexis’s Practice Videos series, including one that provides an overview of the automatic stay under section 362 of the Bankruptcy Code.

Background Pattern

Capabilities

Background Pattern

Experience

WeWork, Inc. at the direction of a special committee of independent directors of the board with regard to conflicts matters with related parties, including SoftBank Group and affiliates and Adam Neumann.

Envoy Solutions, LLC, a subsidiary of Fomento Económico Mexicano, S.A.B. de C.V. (FEMSA), in the acquisition of Arizona-based GPMI Company through a plan of reorganization.

Berkshire Hathaway in various restructuring matters including as a bondholder and asset buyer in the Residential Capital bankruptcy and the equity owner in the Whittaker Clark & Daniels bankruptcy cases.

Netflix in the WOM S.A. and IG Design Group Americas bankruptcy cases.

Hawaiian Electric Industries, Inc. regarding the August 2023 devastating Maui wildfires, including the Lahaina Fire, which was the deadliest U.S. wildfire in over a century.

Alter Domus, the agent for certain lenders under an asset-backed credit agreement with Revlon Inc. in connection with Revlon’s bankruptcy cases and use of cash collateral.

Bolivarian Republic of Venezuela in an ongoing case with respect to the enforcement of a $1.4 billion judgment obtained by Crystallex related to the Maduro government’s nationalization of assets in Venezuela.

Bank of America in the Ditech Financial bankruptcy and asset sale and settlement of claims between the companies and resolution of claims with Ambac.

Nexus Capital Management, a California-based private equity firm, in its acquisition out of bankruptcy of FTD Companies’ florist network in North America and Latin America and acquisition of MAV Beauty in Canadian insolvency proceeding asset sale.

Pacific Gas & Electric and PG&E Corporation in their bankruptcy reorganization cases with respect to certain matters including regulatory matters, power purchase agreements and wildfire claims.

Oaktree Capital Management LP in connection with the out-of-court and subsequent in-court reorganization of its portfolio company owned power plant in Salem Harbor, Massachusetts.

LATAM Unsecured Creditor Ad Hoc Group, in their appeal of orders confirming the plan of reorganization and backstop agreements in the reorganization of LATAM Airlines Group, S.A.

Nine West in its bankruptcy reorganization.

GenOn Mid-Atlantic, an electric power generation and distribution company, in its out-of-court restructuring of leveraged lease coal plants.

iHeart Communications in its out-of-court and in-court restructurings in 2016-2019 and 2024.

Berry Petroleum in its bankruptcy reorganization and separation from Linn Energy.

Payless in its bankruptcy reorganization in 2017.

Gymboree in its bankruptcy reorganization in 2017.

Toys R Us, Inc. in its bankruptcy case.

First lien & DIP lender in Freedom Communications bankruptcy case asset sale and wind down.

Texas Competitive Electric Holdings group of companies in the Energy Future Holdings bankruptcy cases.

Corinthian colleges, in out of court asset sales and in court liquidation.

Loehmann’s buyer of IP assets in bankruptcy auction.

Edison International in the Edison Mission Energy bankruptcy cases.

The Official Committee of Syms Equity Securities Holders in the Chapter 11 reorganization of Syms Corp./Filene’s Basement.

Wasserstein Partners, LP (nka EagleTree Capital, LP) in the Harry & David bankruptcy cases.

Detroit Municipal Chapter 9 Bankruptcy – ad hoc group of revenue bondholders.

Southern California Edison in the California Resources, Calpine, Western Community Energy Municipal Chapter 9 case, A123, Cal Solar 10 and Clear Peak bankruptcy cases and Rokstad Canadian receivership.

Pasadena Playhouse, serving as debtor’s counsel, in reorganizing the more than 100-year-old cultural institution.

Education
Harvard Law School (J.D., 2002) magna cum laude
University of Chicago (B.A., 1994) with honors
Admissions
California

More

  • Fellow of the American College of Bankruptcy since 2019
  • Chambers USA, consistently ranked in Bankruptcy/Restructuring and Energy
  • Notable Practitioner (Restructuring and Insolvency), International Financial Law Review’s annual guide to the world’s leading financial and corporate lawyers and law firms, 2023
  • The Best Lawyers in America, 2024-2026
  • Former governor and current treasurer, Financial Lawyers Conference – the leading bankruptcy and finance professional organization in California.

Publications

  • Contributing author, Collier on Bankruptcy, the preeminent bankruptcy law treatise

Speaking Engagements

  • Panelist, “State of the Law on Make Wholes and Postpetition Interest,” Financial Lawyers Conference, Feb. 28, 2023
  • Speaker, Automatic Stay Overview, Lexis Practical Guidance Video, April 2021
  • Speaker, Relief of the Automatic Stay, Lexis Practical Guidance Video, April 2021

Materials reproduced with the permission of LexisNexis®.