Paul Weiss

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New York, NY 10019-6064
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Contact

Chair of the Bankruptcy and Corporate Reorganization Department, Alan Kornberg handles chapter 11 cases, cross-border insolvency matters, out-of-court restructurings, bankruptcy-related acquisitions and insolvency-sensitive transactions and investments.

Experience

Alan's recent assignments cover a diverse range of clients and matters, including:

  • The ad hoc committee of first lien debtholders of Texas Competitive Electric Holdings Company in the chapter 11 case resulting from the largest leveraged buyout in history;
  • The second lien agent in the chapter 11 case of Sabine Oil & Gas Corporation and in related fraudulent conveyance litigation;
  • The Winding-up Board of Glitnir hf in the former Icelandic bank's chapter 15 case;
  • The senior secured lenders to Australian-based Nine Entertainment Group in the restructuring of more than AUS $2 billion of debt by means of a scheme of arrangement under which the lenders became the principal equity holders of the reorganized company;
  • Boart Longyear Limited, a Utah-based global supplier of drilling services, drilling equipment and performance tooling, in its recapitalization by Centerbridge Partners, L.P., a New York-based private equity firm;
  • Restaurant franchisor Quiznos in its out-of-court restructuring and recapitalization;
  • Houghton Mifflin Harcourt Publishing Company and its affiliates in their prepackaged chapter 11 cases involving the restructuring of over $3 billion in debt;
  • Silver Point Capital, as DIP and senior prepetition lender agent, in the Hostess Brands chapter 11 case;
  • The senior lenders and chapter 11 plan sponsors of Aliante Casino;
  • Oaktree Capital  in:
    • the Excel Maritime and TMT Procurement chapter 11 cases; and
    • as lender and plan sponsor in the chapter 11 case of Aleris International;
  • Deutsche Bank and Crédit Agricole as agents for lending syndicates in the Genco chapter 11 cases;
  • The Unofficial Committee of First Lien Noteholders of Exide Technologies;
  • The Unofficial Committee of Bondholders of Charter Communications in connection with Charter's unprecedented "reinstatement" plan under chapter 11; and
  • A State regulatory board in the chapter 11 reorganization of the New York Racing Association.

Alan recently co-authored, with fellow Paul, Weiss bankruptcy partner Elizabeth McColm, a chapter of the International Comparative Legal Guide (ICLG) To Corporate Recovery and Insolvency 2015. Alan co-authored a similar contribution to Restructuring & Insolvency 2015  published by Getting the Deal Through. He also is a contributing author to Debt Restructuring published by Oxford University Press.

In connection with his representation of the California Public Utilities Commission  in the Pacific Gas & Electric Company chapter 11 case, The American Lawyer  named Alan one of its Dealmakers of the Year in 2003. Alan is one of only five practitioners in the country to be recognized as a "Most Highly Regarded Individual" by Who's Who Legal for restructuring and insolvency. He has also been selected as one of the leading lawyers in the area of Bankruptcy/Restructuring by Chambers USA for more than a decade, is recognized as a leading lawyer in corporate restructuring by both The Legal 500 and IFLR1000, and was chosen by his peers for The Best Lawyers in America  in bankruptcy and creditor-rights law. In 2015, Alan was again ranked Band 1 by Chambers Global, which noted that he is "praised as 'a statesman of the Bankruptcy Bar whose senior experience shows in the quality of his work'." Alan's work on the restructuring of Charter Communications was recognized as "Stand Out" (top tier) by the Financial Times' "US Innovative Lawyers 2010."

Alan is a Conferee of the National Bankruptcy Conference, a non-profit, non-partisan organization formed in the 1930s to assist Congress in the drafting of major bankruptcy law amendments. Alan has also served as the Second Circuit Regent of the American College of Bankruptcy and was the Chair of the Committee on Bankruptcy and Corporate Reorganization of the Association of the Bar of the City of New York from 2005 to 2008. He frequently mediates bankruptcy-related disputes and lectures on bankruptcy-related topics for local, national and international organizations.

Practices

Education

  • J.D., New York University School of Law, 1977
  • A.B., Brandeis University, 1974
    magna cum laude

Bar Admissions

  • New York
  • District of Columbia

See Library Tab for articles, publications and presentations by Alan Kornberg

Related Resources

Mar 02, 2016 | Publications

Alan Kornberg and Brian Hermann Co-Author “USA” Chapter in Corporate Restructuring and Insolvency Guide

Jul 02, 2015 | Publications

District Court Holds Swap Claim Assignee Not a Swap Participant Entitled to Safe Harbor Rights

Jul 01, 2015 | Publications

Alan Kornberg and Elizabeth McColm Co-author “USA” Chapter of Corporate Recovery & Insolvency Guide

Jun 08, 2015 | Publications

Third Circuit Approves Use of Structured Dismissal, but Rarely

Nov 17, 2014 | Publications

New Considerations for Trademark Licenses in a 363 Sale

Sep 02, 2014 | Publications

Eleventh Circuit Directs Bankruptcy Court to Vacate Sale Order Based on New Evidence That Involuntary Bankruptcy Case Was Filed In Bad Faith 

Aug 25, 2014 | News

PulteGroup Buys Real Estate Assets of Dominion Homes

May 08, 2014 | Publications

Limitations on Secured Creditors’ Rights to Credit Bid

Apr 17, 2014 | Publications

Self-Executing Discharge Exception May Save $2.3 Billion Whistleblower Suit Against Reorganized Debtor

Apr 01, 2014 | Publications

District Court Holds Hedge Funds Not Eligible Assignees under Loan Agreement and Thus Not Entitled to Vote on Plan

Mar 14, 2014 | Publications

Bankruptcy Court Says Directors May Owe Fiduciary Duties to Debtor’s Estate Despite Disclaimer in Partnership Agreement

Feb 07, 2014 | Publications

Recent Decisions Impacting Chapter 11 Sales: Limitations on Secured Creditor’s Right to Credit Bid and Non-Bidder’s Right to Challenge Confirmation of a Sale

Jan 03, 2014 | Publications

Second Circuit Holds That the Bankruptcy Code’s Debtor Eligibility Requirements Apply in a Foreign Proceeding Under Chapter 15

Dec 17, 2013 | Publications

The Fourth Circuit Upholds Application of Section 365(n) of the Bankruptcy Code over Contrary Foreign Law in Chapter 15 Case

Dec 11, 2013 | Publications

Bankruptcy Court Holds that Detroit Is Eligible to File for Chapter 9 Protection

Dec 03, 2013 | Publications

Third Circuit Holds That the Risk of Section 502(d) Disallowance Travels with a Purchased Claim

Nov 20, 2013 | Publications

SDNY Bankruptcy Court Holds That a Fair Value Debt-for-Debt Exchange Does Not Create Disallowable OID

Oct 01, 2013 | Publications

Update: Bankruptcy Court Denies $20 Million Severance Payment to American Airlines CEO, Again

Of Note

Nov 05, 2015

National Bankruptcy Conference Elects Alan Kornberg as Conferee

Sep 08, 2014

Alan Kornberg Receives the Catholic Renewal “2014 St. Francis Service Award”

Jun 07, 2013

Chambers USA 2013 Ranks Paul, Weiss Highly

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