Douglas E. Spelfogel is a partner in Foley & Lardner LLP’s New York office and Head of the Bankruptcy and Business Reorganizations Practice Group in New York. Spelfogel specializes in advising both national and international based companies, hedge funds and equity investors, lenders, trustees, receivers, indenture trustees, and ad hoc and official creditors’ committees in connection with restructurings, purchase and sale of assets, loan-to- own acquisitions, operating businesses, debt and equity instruments, and complex forensic investigations, fraud, and claw-back litigation both out-of-court and through legal proceedings in state and federal courts, including under the Uniform Commercial Code and Bankruptcy Code. Spelfogel also represents various constituencies in some of the highest profile cross-border insolvency proceedings and workouts involving debtors in other jurisdictions, including the Cayman Islands, Bermuda, BVI, Mexico, Europe, and Asia.
Spelfogel is a former senior trial attorney with the United States Department of Justice, Office of United States Trustee, where he oversaw many of the largest distressed asset sale transactions and Chapter 11 cases in New York.
Spelfogel represented various parties in connection with high profile funds’ litigation, restructurings, and asset sales, including, the official creditors’ committee and trustee for Stillwater Funds (relating to bankruptcy and liquidation of twelve related hedge funds with over $750 million in claims); Wilmington Trust, as indenture trustee for Hellas Telecommunications (relating to fraud and claw back litigation with respect to claims of nearly $1 billion); Spectrum Group (relating to the acquisition of a several hundred million dollar off shore oil drilling company); Best Buy (relating to the purchase of a warranty service provider for the Fortune 100 company); Oaktree Capital (relating to the acquisition of a several hundred million dollar retail chain); Berjaya Retail (relating to acquisition of certain assets and holdings relating to Radio Shack and Borders Bookstores); Lenzing Holdings (relating to acquisition of manufacturing facility as part of US expansion); Bancorp Bank (lender to PayPal, relating to acquisition of credit card processing company); NYRE Loan Fund (private equity fund, relating to purchase of commercial office building); Pacifica Connect (relating to acquisition of nursing homes); Raser Technologies (relating to acquisition of energy company); and Cordel Funds (relating to acquisition of real estate assets).
Other Notable Cases Include:
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