George P. Angelich
Recent representations include:
- Advised international retailer Diesel USA, Inc. in a Chapter 11 filing designed to revive the company’s brick-and-mortar operations. As a result of the cost savings, Diesel aims to return to its pre-recession profitability. The case was filed in the US Bankruptcy Court for the District of Delaware. With guidance from Arent Fox, Diesel was able to confirm a fully consensual Chapter 11 plan of reorganization in only 38 days.
- Representation of the creditors’ committee in the bankruptcy restructuring proceedings of Cengage Learning, Inc., a leading educational content, software, and services company and textbook publisher. Cengage filed for Chapter 11 protection in the U.S. Bankruptcy Court for the Eastern District of New York on July 2, 2013, with approximately $7.5 billion in assets, making it the largest Chapter 11 filing of 2013. Through the mediation process, we enabled Cengage to cut its debts by more than $4 billion and to provide recovery for unsecured creditors. Cengage emerged from bankruptcy on March 31, 2014.
- Representation of the creditors’ committee in the bankruptcy proceedings of Vivaro Corporation, et al., a leading producer of prepaid international calling cards. Vivaro filed for Chapter 11 protection in the U.S. Bankruptcy Court for the Southern District of New York on September 5, 2012, with approximately $68 million in assets and $135 million in liabilities. The creditors’ committee is taking the lead in prosecuting, among other things, fraudulent conveyance claims for approximately $50 million against the company’s former owners, Leucadia National Corporation and Baldwin Enterprises Inc.
- Representation of commodity futures customers in the liquidation proceedings of MF Global, Inc. under the Securities Investor Protection Act. MF Global, a major financial broker-dealer, declared bankruptcy on October 31, 2011, with approximately $41 billion in assets, $39.7 billion in liabilities, and a shortfall in the customer funds of approximately $1.6 billion, making it the largest Wall Street firm to collapse since the Lehman Brothers bankruptcy in September 2008. On April 4, 2014, James W. Giddens, the trustee for the MF Global liquidation, initiated the final distributions to MF Global’s customers, which will fully satisfy all claims of both securities and commodity futures customers.
- Representation of THI of Baltimore as the purchaser of a portfolio of four nursing homes and real estate under section 363 of the Bankruptcy Code in the Chapter 11 proceedings of Mason Coppell OP, LLC, et al., pending before the U.S. Bankruptcy Court for the Northern District of Texas. The 363 sale successfully closed in April 2014 in record time (approximately 29 days from the bankruptcy filing through the date of entry of the sale order).
- Representation of Quanta Resources Corporation in successfully defeating the motion to reopen chapter 11 proceedings by Revere Copper Products, Inc. before the Honorable Shelley C. Chapman of the U.S. Bankruptcy Court for the Southern District of New York in attempt to enforce Revere’s alleged bankruptcy discharge received in 1985.
- Representation of Paul Kemsley, a UK citizen and real estate developer and the former Tottenham Hotspur vice-chairman, in a closely watched international bankruptcy case, which culminated in the decision of Judge Saliann Scarpulla of the New York Supreme Court, recognizing a bankruptcy discharge granted to Mr. Kemsley by the United Kingdom’s Bankruptcy Court – High Court under the common law principle of international comity.
- Representation of the creditors’ committee and post-confirmation liquidating trust in the bankruptcy proceeding of Rock & Republic Enterprises, Inc. (R&R), a wholesale and retail apparel company specializing in an avant-garde and distinctive line of closing. R&R filed for Chapter 11 protection in the U.S. Bankruptcy Court for the Southern District of New York on April 1, 2010, with approximately $68.5 million in assets and $35.8 million in liabilities. Following confirmation of R&R’s plan of liquidation on March 23, 2011, the liquidating trust prosecuted R&R’s litigation claims and claims objections, including successfully expunging a request for an administrative expense in the amount of over $6 million by Quetico, LLC.
- Representation of the creditors’ committee in the bankruptcy proceeding of Point Blank Solutions, Inc., et al., a leading manufacturer and provider of body armor, bullet, fragmentation and stab resistant apparel and related ballistic accessories. Point Blank filed for Chapter 11 protection in the U.S. Bankruptcy Court for the District of Delaware on April 14, 2010, with approximately $68 million in assets and $72 million in liabilities. Following a 363 sale of Point Blank’s assets, the creditors’ committee continues to work with the company’s counsel and CRO on its restructuring efforts.
- Representation of the creditors’ committee in the bankruptcy proceeding of Protective Products of America, Inc., et al., (PPA), a leading manufacturer of bulletproof vests and body armor. PPA filed for Chapter 11 protection in the U.S. Bankruptcy Court for the Southern District of Florida on January 6, 2012, with approximately $26.6 million in assets and $29.1 million in liabilities. Following a 363 sale of PPA’s assets to an affiliate of Sun Capital, the creditors’ committee took the lead in (a) resolving through settlement the adversary proceeding commenced by the DIP lender; (b) proposing and confirming PPA’s plan of liquidation, which resulted in, among other things, the consensual settlement with PPA’s bondholders; and (c) resolving through settlement indemnity claims asserted against the estates by PPA’s investment banker and the CRO on account of a shareholders’ class-action lawsuit pending in Ontario, Canada.
- Representation on a pro bono basis of an indigent, divorced mother of three children in successfully obtaining dismissal with prejudice of a non-dischargeability complaint for over $250,000 under Section 523(a)(2)(A) of the Bankruptcy Code.
Immediately prior to joining Arent Fox, George served as a law clerk to the Honorable Arthur J. Gonzalez, US Bankruptcy Chief Judge (Ret.) for the Southern District of New York (2002–2003), where he gained experience working on matters ranging from several of the largest Chapter 11 bankruptcy filings to date (In re WorldCom; In re Enron) to matters arising under the Securities Investor Protection Act (SIPA).
George also served as a law clerk to the Honorable Cecelia G. Morris, US Bankruptcy Chief Judge for the Southern District of New York (2000-2002). Under Chief Judge Morris, he gained experience working on voluntary and involuntary corporate and individual Chapter 11 and 7 cases, as well as Chapter 12 and 13 cases.
George is a member of several voluntary bar associations, including:
- American Bankruptcy Institute (Member of Committee on Court Administration)
- INSOL International
- Association of the City Bar of New York
- New York County Lawyer’s Association
- New York State Bar Association
- American Bar Association (Member Subcommittee on Bankruptcy Court Rules)
- International Bar Association
George also participates in several pro bono programs, including:
- Bankruptcy Pro Bono Panel of the New York City Bar (providing pro bono representation in bankruptcy litigation matters)
- Credit Abuse Resistance Education (CARE) Program (educating high school students on the thoughtful and responsible use of consumer credit)
Publications, Presentations & Recognitions
George’s recent publications and presentations include:
- Co-author, "The Ninth Circuit Affirms Creditors' Ability to Block 'Cramdown' by Purchasing Claims," Harvard Law School Bankruptcy Roundtable, September 2018
- Co-author, Why Businesses Should Consider Serving on an Official Committee of Unsecured Creditors, July 2018
- Editor, American Bankruptcy Institute’s “Retail and Office Bankruptcy Landlord/Tenant Rights”
- “Yankee Practitioners Cheer US Bankruptcy Court’s Recognition of British Flexibility,” The American Lawyer; June 5, 2018
- “US Bankruptcy Court Recognises a Foreign Plan of Reorganisation and Enforces Third-Party Releases in the Chapter 15 Context,” INSOL International; May 18, 2018
- Co-author, Key Constituents In Retail Bankruptcy: A Shifting Landscape, February 2018
- Co-author, "The Year Brick & Mortar Got a Bankruptcy Makeover: What Fashion and Luxury Goods Companies Need to Know About Restructuring and Bankruptcy," January 2018
- Panelist, “Recent Trends in Lease Rejection Issues,” ABI webinar series, October 2017
- “Second Circuit: ‘Free and Clear’ Section 363 Sale Order Does Not Enjoin Faulty Ignition Switch Claims Against General Motors,” Business Reorganization, ABI Committee Newsletter - Vol 15, Num. 4, September 2016 (co-author Manuel Arreaza)
- “Economic Agglomeration And Bankruptcy In The Retail Sector: The Domino Effect", CRF News, Credit Research Foundation, 3rd Qtr. 2016 (co-author Doug Flahaut)
- “Bankruptcy Issues Facing Retail Debtors,” Presentation to the East Coast Executive Credit Association (NACM Northwest); August 3, 2016
- “US Bankruptcy Court Recognized Israeli Liquidation Proceeding in a Chapter 15 Case,” INSOL International; April 17, 2015
- “US Bankruptcy Court Declines to Grant Comity to Mexican Labor Board’s Decision and Upholds Extraterritorial Application of 11 U.S.C. § 362 Automatic Stay,” INSOL International; March 16, 2015
- “Securing Value for Unsecured Creditors,” Credit2B Webinar; March 14, 2014
- “Hot topics in Chapter 9 Bankruptcy Cases - What Trade Creditors Need to Know to be Protected,” CRF Credit & Accounts Receivable Open Forum; October 22, 2013
- “Managing Your Claim, Risk Mitigation and Recovery Strategies for Customers of MF Global, Inc,” National Grain and Feed Association 116th Annual Convention; March 2012
- “Meeting the Challenge of the MF Global Bankruptcy: Status Report on the Bankruptcy and Liquidation of MF Global Inc,” National Grain and Feed Association 40th Annual Country Elevator Conference & Trade Show; December 12, 2011
- “The MF Global Bankruptcy – Implications for the Grain and Feed Processing Industry,” & National Grain and Feed Association and Grain Journal Webinar; November 10, 2011
- “Navigating the Life Insurance Secondary Market in 2011,” Arent Fox Seminar; May 18, 2011
- “Playing to Win: Effective Valuation Analysis and Strategies for Restructurings, Reorganizations, Distressed Sales and Auctions,” Valcon 2010; February 2010
- “Structuring the Law Firm to Protect Against Insolvency Matters,” New York State Bar Association, Business Law Section, Annual Meeting; January 2010
- “Reclamation Rights in Bankruptcy: What Every Credit Manager Needs to Know,” The Credit and Financial Management Review; first quarter, 2007 (vol. 13, no. 1), co-author
- “2005 Health Care Amendments to the US Bankruptcy Code: Patient Protection: Medicare Leverage and Who Pays?,” Bankruptcy Reform 2005, LRP Publications; 2005, co-author
- “BAPCPA Gives Patients New Rights, Debtors More Hassles, Costs,” Bankruptcy Court Decisions - Weekly News & Comment; August 9, 2005 (vol. 44, issue 26), co-author
- “Congress Grants Government Upper Hand in Health-Care Cases,” Bankruptcy Court Decisions - Weekly News & Comment; August 16, 2005 (vol. 45, issue 1), co-author
- “Who is Your Client? Counseling the Officers and Directors When You Represent the Debtor,” ABI Spring Conference; May 2005, co-written with Andrew Silfen
- “Reallocation Plans and Unlocking Value for Unsecured Creditors,” Plan of Reorganization Conference, Association of Insolvency and Restructuring Advisors; 2004, co-authored with Andrew Silfen
- “Electronic Case Filing and its Impact,” Summit on the Internet and the Practice of Law for the New York State Judicial Institute on Professionalism in the Law; June 2002
Life Beyond the Law
George volunteers his time to The Leukemia and Lymphoma Society, where he serves on the annual Light the Night Walk organizing committee.
Bar & Court Admissions
- District of Columbia Bar
- New York Bar
- Pennsylvania Bar
- US District Court, District of Connecticut
- US District Court, Eastern District of New York
- US District Court, Southern District of New York
- US Court of Appeals, 3rd Circuit
- US District Court, Eastern District of Pennsylvania
- US District Court, Western District of Pennsylvania
Duquesne UniversityJD,Editor, Duquesne Law Review; Editor, Duquesne Business Law Journal; Duquesne Law Review, Editor’s Choice Award; Summer Extern, Justice Hugh O’Flaherty of the Supreme Court of Ireland; J. Wilner Award,2000Duquesne UniversityBA