Andrew H. Elkin’s practice focuses on complex commercial litigation and bankruptcy and creditors’ rights. His experience includes litigation involving breach of contract, business torts, and real estate disputes, as well as advising both investors and fiduciaries in matters related to corporate governance. He also represents creditors, debtors, official creditors’ committees and equity committees, ad hoc committees, private equity funds and other stakeholders in all aspects of bankruptcy and restructuring.
Andrew also dedicates time to pro bono matters. He represented First Union Baptist Church of the Bronx in its Chapter 11 bankruptcy case and in an adversary proceeding, obtaining a successful settlement agreement with its lender which is providing for the construction of a 45-unit affordable housing rental complex in the Bronx with a fee-simple condominium for the client. He also negotiated a favorable settlement for a homeowner defrauded into purchasing a home in which she acquired no ownership rights.
Andrew has been recognized by Best Lawyers on its Ones to Watch list.
Work Highlights
- Fred’s, a leading retailer with 556 general merchandise and pharmacy stores across the southeast United States, in its Chapter 11 bankruptcy case.
- A Delaware limited liability company in a corporate governance dispute with certain members resulting in the successful effectuation of a contested amended operating agreement, appointment of a new CEO, and implementation of other corporate governance structures.
- Board of Trustees of the ResCap Liquidating Trust.
- Official Equity Committee in Hercules Offshore, resulting in the confirmation of a plan that provided equity with a guaranteed recovery of $15 million and reduced the claim of the first lien lenders by $32.5 million.
- Harbinger Capital in restructuring its $2 billion investment in LightSquared, including related litigation by Harbinger against Dish Network and the FCC.
- Large investment firm in dispute with directors and investment managers regarding mismanagement of offshore funds.
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