David R. Seligman, P.C.
Overview
David Seligman is a partner in the Restructuring Practice Group who concentrates in all aspects of U.S. and worldwide corporate restructurings and insolvency proceedings. He has extensive experience advising large publicly-and privately-held U.S. and multinational corporations and their boards in complex domestic and international restructuring matters, both in and out of court. David also advises buyers and lenders in complex distressed situations and insolvency planning matters, as well as trustees, administrators and creditors committees, in all types of bankruptcy and insolvency proceedings. David's experience is broadly across all industries, with particular focus on transportation, energy, financial institutions, gaming, technology and real estate.
David is a frequent lecturer and author on restructuring matters, having spoken at conferences sponsored by the American Bankruptcy Institute, the Association of Insolvency and Restructuring Advisors, the Turnaround Management Association, the Chicago Bar Association, the National Conference of Bankruptcy Judges and the Ontario Bar Association, among others. David also has taught several advanced restructuring courses at the NORTHWESTERN PRITZKER SCHOOL OF LAW, University of Chicago’s Graham School, NYU Law School, Dartmouth College’s Tuck School of Business, and York University’s Osgoode Hall Law School. David served on the Advisory Committee for Labor and Benefits Issues as part of the 2013 ABI Commission to Study the Reform of Chapter 11.
Described as “amazing” and “a great lawyer and tireless,” David has been recognized as a leading restructuring lawyer in Chambers USA, America’s Leading Lawyers for Business every year since 2006. In recent editions, sources noted “he’s well respected and very good at what he does,” “he is very bright,” “he is a very practical lawyer” and “sees all of the angles.” In other recent editions, Chambers acknowledged him as “well known and respected” and “outstanding to deal with and has a great command of the Bankruptcy Code and relevant case law.” In 2019, Who’s Who Legal described David as “a distinguished name at the Firm,” and someone who “continues to impress market sources with his deep understanding of Chapter 11 restructurings.” In 2015, sources commended David for being "calm under pressure, solution-oriented and extraordinarily responsive.” Chambers has noted that clients find him to be “a thoughtful attorney,” “particularly effective when considering highly complex legal matters,” and “able to communicate those complex matters to his clients in a way that those issues can be understood and acted upon by boards.” Previous editions praise David as a “smart, professional problem solver” who possesses “extraordinary knowledge and responsiveness” and “can answer any question fired at him off the top of his head.” Best Lawyers named David the 2018 Lawyer of the Year for Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law in Chicago. Lawyer of the Year recognitions are awarded to individuals with the highest overall peer feedback for a specific practice area and geographic location. Only one lawyer is recognized as the Lawyer of the Year for each specialty and location. David also has been recognized for his successful representations in large corporate restructurings, including for: North American Petroleum (“Energy Deal of the Year” at the M&A Advisor 2012 Turnaround Awards); Calpine Corporation (one of Turnarounds & Workouts' “successful restructurings of 2007”); and United Airlines (Turnaround Management Association’s (Chicago/Midwest) 2006 Large Turnaround of the Year).
Experience
Representative Matters
Yellow Corporation and certain of its subsidiaries (“Yellow”) in their Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware. With its family of brands, including YRC, Reddaway, Holland, and Yellow Logistics, Yellow was a storied trucking and logistics company with a 100-year history and one of the largest less-than-truckload networks in North America. Yellow entered Chapter 11 with approximately $1.2 billion in prepetition funded debt. Yellow secured a $1.525 billion stalking horse bidder for its owned real estate assets and, through its Chapter 11 cases, will conduct a marketing and sale process for some or all of its real estate and rolling stock assets, followed by an orderly liquidation of any remaining assets.
HONX, Inc., a wholly owned subsidiary of Hess Corporation, in its successful Chapter 11 case filed in the United States Bankruptcy Court for the Southern District of Texas. HONX and its corporate predecessors had for decades been subject to thousands of asbestos-related personal injury claims in connection with HONX’s former ownership and operation of an oil refinery on St. Croix, in the U.S. Virgin Islands. HONX filed its Chapter 11 bankruptcy case in April 2022 with the goal of fully and finally resolving all asbestos-related personal injury claims that were or could be asserted against HONX and Hess in one forum, using section 524(g) of the Bankruptcy Code. HONX confirmed its plan utilizing a section 524(g) channeling injunction in less than two years at a confirmation hearing jointly presided over by Judge Alfred H. Bennett of the U.S. District Court for the Southern District of Texas and Judge Marvin P. Isgur of the U.S. Bankruptcy Court for the Southern District of Texas. Pursuant to the plan, HONX established a settlement trust, funded with up to $190 million from Hess, to satisfy all valid current and future asbestos claims, which resulted in prompt and fair compensation for claimants and finality from current and potential future asbestos tort litigation for HONX and Hess.
Nordic Aviation Capital Designated Activity Company and its subsidiaries in connection with their prearranged Chapter 11 cases in the U.S. Bankruptcy Court for the Eastern District of Virginia. NAC, an Irish company, is the largest regional aircraft lessor in the world with more than 475 aircraft. With over $7.7 billion of liabilities, NAC was the largest Chapter 11 filing in 2021.
Europcar Mobility Group S.A. (“Europcar”), a Paris based global leader in the mobility services industry in its Chapter 15 case before the United States Bankruptcy Court for the Southern District of New York. The Chapter 15 case was part of a comprehensive restructuring strategy to raise €480 million in new financing, equitize €1,100 million in corporate indebtedness, and refinance Europcar’s €670 revolving credit facility through an accelerated financial safeguard proceeding under French law. Europcar and its subsidiaries together operate through four major brands — Europcar, Goldcar, InterRent, and Ubeeqo — to provide mobility service solutions to over 9.5 million customers in over 140 nations, including France, the United Kingdom, Ireland, Australia, and the United States.
Selecta Group B.V (“Selecta”), which employs 10,000 employees, is the world’s largest provider of vending machines, coffee and convenience food distribution in over 475,000 points of service in 16 foreign countries. The Chapter 15 proceeding filed in the Southern District of Texas is part of a comprehensive restructuring strategy to deleverage Selecta’s balance sheet, increase liquidity, extend maturity dates on its revolver and its 3 tranches of senior secured notes and to change the governing law for its funded debt obligations from New York to UK law. The overall restructure involves out-of-court arrangements with the revolving credit facility lenders and liquidity facility lenders, a new equity investment by the private equity owner, a formal Scheme of Arrangement in the UK and a US Chapter 15 proceeding to implement the foreign proceeding in the United States.
PizzaExpress Financing 2 plc (“PizzaExpress”) in its Chapter 15 proceeding in the United States Bankruptcy Court for the Southern District of Texas for recognition of proceedings in the United Kingdom in connection with its restructuring plan under the new Part 26A of the Companies Act 2006. PizzaExpress is the second company to use the Part 26A restructuring plan, which provided £144 million in new financing, gave holders of the existing senior secured notes new debt instruments and equity in the restructured group, and gave holders of the existing senior unsecured notes equity in the restructured group. PizzaExpress is part of the PizzaExpress Group, one of the largest and leading casual dining restaurant groups in the world with over 500 restaurant locations in the United Kingdom, Ireland, and internationally.
Technicolor S.A. (“Technicolor”), a Paris-based global leader in content creation to distribution for Hollywood studios, independent filmmakers, music producers, and video game and software developers in its Chapter 15 proceeding pending before the United States Bankruptcy Court for the Southern District of Texas. The Chapter 15 proceeding is part of a comprehensive restructuring strategy to raise €420 million in new financing and refinance Technicolor’s existing $477.8 million and €977 million of funded debt through an accelerated financial safeguard proceeding under French law. Technicolor and its subsidiaries together employ more than 14,000 artists, experts, engineers, and innovators operating in 27 key media markets worldwide, including the United States, Canada, France, and the United Kingdom.
AllSaints, the British fashion retailer, in its parallel company voluntary arrangements (CVA) for two of its English tenant companies, and its Chapter 15 proceeding in the United States, which marked the first time a CVA has compromised a company’s lease liabilities in North America. Founded in 1994, AllSaints has approximately 3,000 employees across the world and has 255 directly operated stores, franchises, concessions and outlets across 27 countries.
Ultra Petroleum Corp. and its affiliates in their comprehensive deleveraging and balance-sheet restructuring, accomplished through prepackaged Chapter 11 cases filed in the U.S. Bankruptcy Court for the Southern District of Texas and a parallel Canadian recognition proceeding filed in the Supreme Court of Yukon in 2020 and previously in the U.S. Bankruptcy Court for the Southern District of Texas in 2017. Ultra is one of the largest oil and natural gas exploration and production companies in Wyoming.
Longview Power, LLC and its affiliates in connection with their prepackaged Chapter 11 cases involving the restructuring of approximately $355 million in funded debt. Longview operates a 710 net megawatt supercritical coal fired power generation facility in Maidsville, West Virginia that is at the forefront of the clean coal movement.
NRG REMA LLC and its direct subsidiaries in Chapter 11 cases filed in the Southern District of Texas that are jointly administered with the GenOn Chapter 11 cases. REMA is a wholesale power generation company headquartered in Dallas, Texas that owns or operates 15 power plants throughout Pennsylvania and New Jersey. The REMA cases were filed with a prepackaged plan of reorganization that consensually restructured three leveraged lease structures.
GenOn Energy, Inc. and certain of its affiliates in connection with their prearranged Chapter 11 cases filed in the United States Bankruptcy Court for the Southern District of Texas. GenOn is a wholesale power generation company headquartered in Princeton, New Jersey, with a focus on operations in the Mid-Atlantic region of the United States—primarily operating in Pennsylvania and Maryland—and in California. Through the Chapter 11 cases, GenOn restructured approximately $2.5 billion in funded indebtedness.
Caesars Entertainment Operating Co. Inc. (CEOC), a majority owned subsidiary of Caesars Entertainment Corporation, in its Chapter 11 restructuring. CEOC provides casino entertainment services and owns, operates or manages 44 gaming and resort properties in 13 states of the United States and in five countries primarily under the Caesars, Harrah's and Horseshoe brand names. CEOC and its debtor subsidiaries had more than $18.4 billion in funded debt obligations as of the commencement of their Chapter 11 cases. In 2018, the Turnaround Management Association recognized the successful restructuring of Caesars Operating Entertainment Co. Inc. with its “Mega Company Turnaround of the Year Award.”
Edison Mission Energy and certain subsidiaries (EME) in its Chapter 11 restructuring of approximately $5.0 billion of bond and project finance debt. EME, through its subsidiaries, owns or leases and operates a portfolio of more than 40 electric generating facilities powered by coal, natural gas, wind and biomass, as well as an energy marketing and trading operation.
Corus Bankshares, Inc., formerly the bank holding company of Corus Bank, N.A., a federally chartered bank with approximately $7 billion in assets, in its successful Chapter 11 restructuring.
North American Petroleum Corporation USA, an independent exploration and production company that predominantly engages in unconventional well drilling operations for natural gas extraction in certain locations in Oklahoma, United States and Alberta, Canada, in the reorganization of its operations and debt.
Japan Airlines Corporation, Asia's largest air carrier with a fleet of more than 270 aircraft, as international restructuring counsel advising JAL on all aspects of the restructuring of its global operations and representing it in connection with Chapter 15 cases pending before the U.S. Bankruptcy Court for the Southern District of New York.
The Official Committees of Trust Preferred Securities Holders in the Chapter 11 Cases of Mercantile Bancorp, Inc. and First Place Financial Corp., involving the disposition of their bank subsidiaries.
Tropicana Entertainment, LLC, a leading domestic casino operator, and thirty-three of its affiliated entities, which at the time of its filing was the largest Chapter 11 case of 2008.
Calpine Corporation and its affiliates in its Chapter 11 case, which at the time of filing, was the sixth largest case to file Chapter 11 in U.S. history.
United Air Lines, Inc. and its affiliates in the largest airline bankruptcy in history.
Visteon Corporation, a Fortune 500 global automotive supplier that designs and manufactures climate, interior, electronic, and lighting produced for vehicle manufacturers, with approximately 31,000 employees and operations in 27 countries, in its Chapter 11 reorganization.
Trans World Airlines, Inc. and its affiliates in its Chapter 11 cases, including the sale of substantially all of its assets to American Airlines, Inc.
The Joint Provisions Liquidators of Lehman Brothers Australia, the Australian-based subsidiary of Lehman Brothers Holdings, Inc., in connection with its Australian proceedings and a corresponding U.S. Chapter 15 case.
The Joint Provisional Liquidators of Lehman Re, Ltd., a Bermuda-based reinsurance subsidiary of Lehman Brothers Holdings, Inc., in a U.S. Chapter 15 case and with respect to the Lehman Brothers' U.S. Chapter 11 case.
United Artists Theatre Company and its affiliates, one of the largest movie theater chains in the country at the time, in connection with their pre-arranged plan of reorganization.
The post-bankruptcy entities resulting from the Guaranty Financial Group, Inc. and First Federal Financial Corp. Chapter 11 cases, in connection with various tax and litigation matters.
Babcock & Wilcox, Inc. and its affiliates, an approximately $1.5 billion revenue worldwide manufacturer of boilers and other products, in its Chapter 11 cases chiefly involving hundreds of thousands of asbestos claims.
Monomoy Capital Partners in multiple purchases of distressed assets pursuant to Section 363 of the Bankruptcy Code.
Alpine Confections in its purchase of substantially all assets of Fannie May, one of Chicago's oldest and well-known candy manufacturers.
Honeywell International, Inc., a multibillion dollar, international conglomerate, in multiple bankruptcy and creditors' rights related matters.
AmeriServe Food Distributors, Inc., and its affiliates, the $9 billion leading fast food distribution company, in its Chapter 11 cases.
Harrah's Jazz Company, the owner of the sole land based casino in New Orleans, in its Chapter 11 restructuring.
Equity owners of Liberty House Inc., the oldest Hawaiian department store chain, in its Chapter 11 restructuring.
Official committee of unsecured creditors of Handy Andy Home Improvement Centers, Inc. in their Chapter 11 cases.
Chapter 7 trustee of Thousand Adventures, Inc., one of the country's largest RV/mobile home membership park and resort systems.
Various creditors in multi state and international complex creditors' rights actions.
Clerk & Government Experience
Law ClerkHonorable Amy N. DeanEleventh Judicial Circuit of FloridaSummer 1994
Prior Experience
Jenner & Block, Chicago, IL (1996–2000). Associate, Commercial Law, Financial Restructuring, and Insolvency Group.
The Honorable Amy N. Dean, 11th Judicial Circuit of Florida (1994). Judicial clerk.
Kozyak Tropin Throckmorton & Humphreys, P.A., Miami, FL (1994). Project assistant.
Bingham Dana, Boston, MA (1991). Paralegal intern.
Office of U.S. Senator Bob Graham, Miami, FL (1988–1989). Political Refugee Liaison and Intern.
Hopkins Center Design Studio, Hanover, NH (1989–1993). Graphic designer.
Pro Bono
More
Thought Leadership
Publications
“No Recognition of Solvent ‘Foreign Proceedings’ in the UK,” Golden Flag International Law Firm Alert, January 2020.
Contributing Editor, Norton Journal of Bankruptcy Law & Practice
"WaMu Court's Decision A Lesson for Hedge Funds," Golden Flag International Law Firm Alert, September 2011.
"Circuits Split Over Credit Bidding in Sales Under Chapter 11 Plans," Golden Flag International Law Firm Alert, July 2011.
"Treatment of Prepayment Prohibitions in Bankruptcy Is Proving to be a Tough Call for Courts," Pratt's Journal of Bankruptcy Law, 2010.
"The race to the starting line: Developing prepackaged and prenegotiated reorganization plans to maximize value." Navigating Today's Environment, The Directors' and Officers' Guide to Restructuring, 2010.
"Decision Clarifies Scope of Chapter 15 "Stay" of Non-U.S. Lawsuits," Golden Flag International Law Firm Alert, September 2010.
"Break-Up Fee Denied for Stalking-Horse Bidder in Bankruptcy Asset Sale," Golden Flag International Law Firm Alert, February 2010.
"District Court Limits the Right to Credit Bid in Asset Sale Conducted Under Chapter 11 Plan," Golden Flag International Law Firm Alert, November 2009.
"Substantial Contribution Claims Require Intent to Benefit Estate," Golden Flag International Law Firm Alert, October 2009.
"Jury Finds Ex-Kmart CEO Liable for Making Misleading Statements About Kmart's Liquidity Months Before its 2002 Bankruptcy Filing," Golden Flag International Law Firm Alert, June 2009.
"Insiders' Last Resort Secured Loan to Cash-Strapped Company Cannot Be Equitably Subordinated Without Specific Evidence of Actual Harm to Creditors," Golden Flag International Law Firm Alert, August 2008.
"Pension Termination Premium Is Prepetition Unsecured Claim," Golden Flag International Law Firm Alert, April 2008.
"Mesa Air Ordered to Pay $80 Million for Misusing Confidential Investment Material Obtained in Hawaiian Airlines Chapter 11 Case," Golden Flag International Law Firm Alert, November 2007.
"Bankruptcy Court Denies Chapter 15 Protection for Hedge Fund," Golden Flag International Law Firm Alert, October 2007.
"Bankruptcy Judge Rejects Claims Based on Loss of Note Conversion Rights," Golden Flag International Law Firm Alert, August 2007.
"Increased Scrutiny Placed on Trading by Members of Creditors' Committees," Golden Flag International Law Firm Alert, August 2007.
"ABI's Pension Manual: A Practical Guide to Pension Issues Arising in Business Bankruptcy Cases," 2007 (Contributing Editor).
"Recent Developments in Pension Restructuring," Golden Flag International Law Firm Alert, August 2006.
"Undoing Chapter 11: Learning from the United Airlines Deal," Financial Executive, June 2006.
"Restructuring Aircraft Fleets under Section 1110 of the Bankruptcy Code: Selected Issues," Air and Space Lawyer, Winter, 2005 (Author's Advisor).
Contributing Editor: Norton Bankruptcy Law Treatise, 2003–2005.
"Better Scarf it Down; The Third Circuit Applies PACA to Restaurants," American Bankruptcy Institute Journal, May, 2000.
"Enforcing Judgments Against Property Held in Tenancy by the Entirety," 196 Ill. B.J. 87, 1999.
"Between Iraq and a Hard Place: Letter of Credit Litigation Following the Gulf War," 6 U. Miami Bus. L. Rev. 143, 1997.
Seminars
“Distressed Investing,” Tuck School of Business at Dartmouth College, February 2019, Hanover, New Hampshire.
“Caesars: Lessons Learned,” American Bankruptcy Institute 34th Annual Spring Meeting, April 20–23, 2017, Washington, D.C.
“Pension Tension: Dealing with Plans in the Restructuring World,” American Bankruptcy Institute Webinar, February 26, 2017, Webinar.
"Case Study: Edison Mission Energy," University of Pennsylvania Law School, Distressed Dealmaking: Chapter 11 and Out-of-Court Restructuring, October 6, 2014, Philadelphia, Pennsylvania.
"Navigating Recent Bankruptcy Law Trends," The University of Chicago Booth School of Business 9th Annual Credit, Restructuring, Distressed Investing & Turnaround Conference, April 4, 2014, Chicago, Illinois.
"Intellectual Property Rights in Chapter 11 and the Limits of Section 365 (n)," 87th Annual National Conference of Bankruptcy Judges, October 30–November 2, 2013, Atlanta, Georgia.
"Legal Restructuring Panel — Recent Trends," The University of Chicago Booth School of Business 8th Annual Credit, Restructuring, Distressed Investing & Turnaround Conference, April 5, 2013, Chicago, Illinois.
"Chapter 11 – 101," Chicago/Midwest Turnaround Management Association Nuts and Bolts Program, October 14, 2010, Chicago, Illinois.
"Litigating the Section 1113 Dispute," American Bankruptcy Institute 28th Annual Spring Meeting, April 29–May 2, 2010, National Harbor, Maryland.
"Trends in Cross-Border Insolvency from the U.S. and Canadian Perspectives," Turnaround Management Association Spring Conference 2010, April 22, 2010, New York, New York.
"The US Bankruptcy Code - What Canadian Practitioners Need to Know," Osgoode Hall Law School of York University Intensive Short Course in Corporate Insolvency & Restructuring, November 19–20, 2009, Toronto, Canada.
"Situation Report: Calpine," Renaissance American Management and Beard Group 10th Annual Conference on Corporate Reorganizations, June 21–22, 2007, Chicago, Illinois.
American Bankruptcy Institute 25th Annual Spring Meeting, April 12–15, 2007, Washington, D.C.
“Negotiating Complex Deals in Corporate Restructuring,” NYU Law School, Fall Semester 2006, New York, New York.
"Selected Topics in Restructuring," Association of Insolvency and Restructuring Advisors 22nd Annual Bankruptcy & Restructuring Conference, June 7–10, 2006, Seattle, Washington.
"Airline Reorganizations, Part I — The Takeoff: First-day Orders, DIP Financing and Beyond," American Bankruptcy Institute 15th Annual Winter Leadership Conference, December 4–6, 2003, La Quinta, California.
Memberships & Affiliations
American Bankruptcy Institute, Business Reorganization and Finance and Banking Committees.
Turnaround Management Association.
INSOL International.
Dartmouth Lawyers Association.
Chicago Bench and Bar Liaison Committee, Founding Member.
American Jewish Committee
Tourette’s Syndrome Association, Advisory Council
Credentials
Admissions & Qualifications
- 1996, Illinois
- 1998, Florida (inactive)
- 2011, New York
Languages
- English
- Spanish
Education
- University of Miami School of LawJ.D.summa cum laude1996
Class Rank 5/392
Editor, University of Miami Law Review
Dean’s Honor Full Scholarship Recipient, 1993 through 1996
Order of the Coif
Dean’s Certificate for Academic Excellence in the following courses: Corporate, Tax, and Antitrust Aspects of Mergers and Acquisitions; Trial Litigation Skills Program; Pretrial Litigation Skills Program
American Jurisprudence and Corpus Juris Secundum Book Awards
Semifinalist, First Year Moot Court Competition
- Dartmouth CollegeA.B.cum laude1993
Government major with concentration in international economic development, comparative government, and Middle East politics
Rufus Choate Scholar, 1990 through 1993
Editorial Board, World Outlook Journal of International Relations
- London School of Economics and Political Science; Hebrew University of Jerusalem1991; 1992