David L. Lawton

David Lawton advises private and public bondholder groups, institutional investors and other creditors and counterparties in complex financial transactions and distressed situations of all kinds, including:

• Chapter 11 bankruptcies
• Out-of-court restructuring
• Domestic and cross-border/international insolvency procedures
• Distressed asset sales and other corporate transactions
• Commercial lending and related negotiations

David has represented stakeholders in nearly every level of the capital structure, including lenders and others providing debtor-in-possession financing, first-, second-, and third-lien financing, unsecured, subordinated and mezzanine financing, holdco financing, hedges and other derivatives, and equity.

David’s experience covers a broad range of sectors, including:

David provides advice and guidance to parties in negotiations, disputes and bankruptcy litigation concerning executory contracts, fraudulent transfers, preference actions, leases of real estate and equipment, lender liability claims and more. David advises secured creditors regarding enforcement options, foreclosure and related strategies, and he provides pre-bankruptcy planning and advice for financings, contractual counterparties of distressed borrowers and other stakeholders. He provides advice regarding hedging transactions and derivative setoffs, forward and futures contracts — and advice regarding bankruptcy alternatives such as liquidation, foreclosure, assignment for the benefit of creditors and corporate transactions.

David has deep experience with Australian restructurings and proceedings, including schemes of arrangement, voluntary administration, receivership, out-of-court restructuring and related negotiations in many sectors, including real estate, mining, energy, agriculture and forestry, real estate, manufacturing, retail and infrastructure services. He also advises foreign creditors and counterparties in Chapter 11 proceedings regarding debt claims, asset sales and contracts and in Chapter 15 cross-border proceedings and bankruptcy litigation strategy.

David’s experience includes:

• Ad hoc bondholder group in the restructuring of over $140 billion of obligations of the Commonwealth of Puerto Rico in its PROMESA proceedings
• Foreign and domestic private placement holdco noteholders through implementation of a restructuring and Chapter 11 of a power producer in ERCOT
• Private noteholders in bankruptcy and 363 sale of multiple gas-fired power plants
• Australian broadband provider in U.S. Chapter 11 asset sale
• Secured lenders in the Chapter 11 bankruptcy of EXCO Resources
• Finnish company in counterparty’s Chapter 11 proceedings and related asset sale
• Secured lenders in the Chapter 11 bankruptcy of Warren Resources
• RBL lenders in the Chapter 11 bankruptcy of Penn Virginia
• Private equity fund in the Chapter 11 bankruptcy of Miller Energy
• Ad hoc noteholder group in the restructuring of Elders Limited (Australia)
• Canadian foreign representative in Chapter 15 proceedings
• Ad hoc noteholder group in the restructuring of mining operations in Western Australia
• Ad hoc noteholder group in the cross-border restructuring (Australia-US) of Centro Properties Group
• Ad hoc noteholder group in the restructuring of an Australian steel supplier and manufacturer
• Ad hoc noteholder group in the restructuring of property trust specializing in the education sector
• Several bondholder groups in out-of-court restructurings of multiple tribal gaming authorities and their casino operations
• French investment bank in the Lehman Brothers bankruptcy
• French investment bank in a monoline restructuring