Matthew B. Stein’s practice focuses on representing debtors, creditors, statutory and ad hoc committees, indenture trustees, private equity funds and other investors throughout the capital structure in complex restructurings, reorganizations and liquidation proceedings. He has extensive experience in litigation arising from distressed situations and leveraged buyouts, including fraudulent conveyances and preferential payments. He also regularly handles disputes involving contested plan confirmation, including valuation disputes, subordination and recharacterization of claims, cramdown and vote designation issues.
Matt has been recognized as an Outstanding Young Restructuring Lawyer by Turnarounds and Workouts, which annually honors the 12 top restructuring lawyers under 40. He has also been recognized by Benchmark Litigation on its Under 40 Hot List, by The Legal 500, Lawdragon and Best Lawyers as one of the top outstanding lawyers nationwide for restructuring and bankruptcy.
Work Highlights
- Creditors of Energy Future Holdings in a trial before Judge Christopher S. Sontchi, Chief U.S. Bankruptcy Judge for the District of Delaware, in successfully defeating the proposed allocation of hundreds of millions of dollars in administrative claims asserted by subsidiary company (EFIH) creditors UMB Bank, Elliott Associates, and the Energy Future Holdings/EFIH Plan Advisory Board. The Court held for Kasowitz’s Energy Future Holdings creditors on all but $18 million of the proposed allocation.
- Debtors’ counsel to MDC Energy, an independent oil and gas E&P company, in its Chapter 11 bankruptcy case.
- Lead counsel to Fred’s, a leading retailer with 556 general merchandise and pharmacy stores across the southeast United States, in its Chapter 11 bankruptcy case.
- Counsel to ad hoc group of noteholders in China Fishery.
- Special litigation counsel to the Ad Hoc Group of Second Lien Lenders in SunEdison.
- Cyrus Capital Management as the “fulcrum” or critical creditor constituency at the parent company Toys "R" Us in all aspects of Toys "R" Us’ pending Chapter 11 case.
- Ad hoc committee of legacy bondholders in Energy Future Holdings.
- Controlling equity holder in EB Holdings II (Eco-Bat).
- A noteholder in Taberna Preferred Funding IV, challenging the commencement of an involuntary bankruptcy against the issuer of a CDO.
- 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.
- A governmental entity in Ciber, resulting in the successful remand of a state court litigation removed by the debtor and partial relief from the automatic stay.
- Harbinger Capital Partners II, LP and other funds in obtaining the denial of Apollo Management’s motion to reopen LightSquared’s Chapter 11 cases. Apollo sought a ruling from the Bankruptcy Court concerning Harbinger’s right to assert its pending claims in New York State Supreme Court against Apollo and other defendants alleging a massive fraud, inducing Harbinger to invest approximately $2 billion in LightSquared, which had been compelled to file for Chapter 11.
- 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.
- Aman Resorts Group in its successful dismissal of an involuntary bankruptcy case and related bankruptcy cases.
- Special litigation and conflicts counsel to the Debtors in Relativity.
- Controlling shareholder of Ampal-American Israel Corporation in Chapter 7 proceedings.
- Multiple landlords in The Great Atlantic & Pacific Tea Company.
- Prominent individual investors in the successful back-stopped rights offering for Eastman Kodak in its bankruptcy proceedings.
- Secured creditor in Quiznos.
- Federal Housing Finance Agency in Residential Capital.
- Controlling Pre-LBO Bondholder-directed indenture trustee in Tribune Company.
- Noteholders in connection with a dispute regarding synthetic swap agreements in Lehman Brothers Holdings.
- Second lien agent in Hawkeye Renewables.
- Secured creditor in West End Financial.
- Cozumel Caribe, S.A. de C.V. in its chapter 15 case.
- Hedge funds holding $649 million of secured debt in Winstar Communications.
- Special litigation counsel to Debtors in Fontainebleau.
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