Kenneth P. Coleman’s practice focuses on multi-jurisdictional business reorganizations and financial restructurings. He has extensive experience with Chapter 11 cases, cross border proceedings under Chapter 15, distressed M&A, financial institution insolvencies, real estate workouts and restructurings and out-of-court restructurings. Ken also regularly advises clients on creditors’ rights and insolvency issues in infrastructure and other project financings, and structured financings involving a broad range of asset classes.
Ken is recognized in The Legal 500 and in Chambers USA, where clients say he “is a very client-oriented individual, and he is a pleasure to work with. Ken quickly understands the bigger picture and the nuances of insolvency situations. He’s very knowledgeable in dealing with specific issues; he provides excellent advice.” He is also recognized in Chambers Canada as an Expert Based Abroad.
Prior to joining Kasowitz, Ken was head of the U.S. Restructuring practice at a large international law firm.
WORK HIGHLIGHTS
Prior to joining Kasowitz:
- Lead U.S. counsel to Virgin Atlantic Airways in its solvent restructuring implemented under English and U.S. law.
- Lead U.S. counsel to Nortel Networks Corporation and the Monitor in the restructuring proceedings for the Nortel group of companies under U.S., Canadian, English and French law. This included the unprecedented simultaneous trial in Wilmington, Delaware and Toronto, Ontario to determine the allocation among the Canadian, U.S. and European proceedings of the more than $7 billion of proceeds of the sale of various Nortel businesses during the several years preceding the trial.
- Hanjin Shipping, South Korea’s largest container line prior to its liquidation, in the sale of its U.S. ports in a contested section 363 transaction.
- The Australian provisional liquidators of HIH, Australia’s largest corporate collapse.
- The monitors in dual filed Chapter 11 and CCAA cases for Toys R Us, Quebecor, Abitibi-Bowater and Performance Sports Group.
- South Africa’s Public Investment Corporation in the Chapter 11 case of Erin Energy, an exploration and production company with assets offshore of Nigeria, Ghana, Kenya and Gambia.
- The monitors and foreign representatives of Peraso Technologies and Cline Mining in their Chapter 15 case.
- The administrator of the Sears Canada Pension Plan in the Chapter 11 cases of Sears Holdings and its affiliates and claims asserted in those cases on behalf of beneficiaries of the Sears Canada pension plan in excess of $200 million.
- The principal shareholder of American Bridge Company, a heavy construction firm with a 100-year history, in interim financing and the successful sale of the business.
- The Lenders (including EXIM Bank) in the $390 million secured loans to NewSat Limited, an Australian satellite communications provider, to finance the development, construction and launch (including launch insurance) of a Ka-band satellite.
- Duff & Phelps as Receiver of Xchange Technology Group.
- MFG Assurance Company, the captive insurance subsidiary of MF Global, in the Chapter 11 case for MF Global.
- English liquidators in numerous U.S. ancillary cases including Bermuda Fire & Marine, Anglo-American Insurance Company and Orion Insurance Company.
- Aircraft lessors in the various U.S. airline Chapter 11 cases including Continental, Pan Am and TWA.
- The Bermudian liquidators of Refco Capital Markets.
- The agents for lender syndicates in the CHC Group Chapter 11 cases.
- S. counsel to the agent bank in connection with the liquidation of Babcock & Brown.
- ING on a multi-jurisdictional trade receivables financing.
- Lead U.S. counsel in the restructuring of the Canadian commercial paper market which established new principles governing U.S. court jurisdiction in cross-border cases under Chapter 15 of the U.S. Bankruptcy Code.
- The Monitor of White Birch Paper Company in the Chapter 11 case of its U.S. subsidiary, Bear Island Paper Company, including complex cross-border estate allocation issue and litigation seeking to re-characterize intercompany debt as equity.
- Major international banks in connection with credit exposures to the oil and gas industry, world-wide derivatives and structured finance exposure to Lehman Brothers and structured finance exposure to Enron.
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