Laura E. Appleby

Partner

Overview

Bondholders regularly look to Laura Appleby in distress situations in the United States and beyond. In reviewing complex financial documents, Laura has a unique skill to quickly assess and translate critical legal issues to help clients understand their risk and develop innovative strategies to protect their investments. Approaching a decade and a half in practice, Laura represents clients in all aspects of complex bankruptcy proceedings, out-of-court restructurings and distressed transactions, to maximize their return and protect their interests. In addition to bondholders, Laura frequently represents indenture trustees, financial institutions and other creditors in special situations. Every situation is unique, and Laura’s experience enables her to guide clients through all aspects of the restructuring and insolvency process with confidence, clarity and control.

Laura is the leader of the firm’s New York City office.

Restructuring Counsel

Laura advises clients on sophisticated restructurings, including those in connection with:

  • Chapter 11 bankruptcy proceedings
  • Out-of-court restructurings
  • Distressed investment opportunities
  • Section 363 sales
  • UCC Article 9 sales
  • Consensual foreclosures
  • Event-driven acquisitions

Laura has experience representing clients in many industries, including the agriculture, chemical, financial services, health care, mining, nonprofits, renewable energy/environmental, retail, senior living facilities and transportation industries. In addition, Laura counsels clients with respect to issues surrounding municipal distress and insolvency.

Representative Experience

  • Represented indenture trustee in restructuring of U.S. debt issued by Brazilian company, resulting in creation of $350 million cross-border liquidating trust.
  • Represented ad hoc bondholder group in Chapter 11 bankruptcy proceeding and restructuring of life settlement company, resulting in restructuring and redomiciling of company.
  • Represented ad hoc bondholder group in connection with Chapter 11 bankruptcy proceeding and restructuring of U.S.-based energy company.
  • Represented indenture trustee in connection with Chilean restructuring proceeding and Chapter 15 bankruptcy involving Chilean casino company.
  • Represented secured lender and debtor-in-possession financier in Chapter 11 bankruptcy proceeding and acquisition of a coal company.
  • Represented securities industry association in drafting and filing amicus briefs with the U.S. Supreme Court and the U.S. Court of Appeals for the First Circuit in relation to Title III proceedings of Puerto Rico and its instrumentalities.
  • Represented ad hoc bondholder group in connection with Chapter 7 bankruptcy proceeding involving an iron-ore mining operation.
  • Represented indenture trustee in Chapter 11 bankruptcy proceeding involving a nonprofit entity leading to the restructuring and reissuance of underlying conduit bond financing.
  • Represented a bondholder in the restructuring of a bond transaction through a conduit issuer involving a nonprofit entity.
  • Represented purchasers of senior living facilities in Section 363 auction processes.
  • Represented a potential purchaser in a Section 363 auction involving a global chemical company that was a debtor in a Chapter 11 proceeding.
  • Represented financial institutions and indenture trustees in complex Chapter 11 proceedings, including with respect to appeals before the U.S. Court of Appeals for the Second Circuit and the U.S. Court of Appeals for the Ninth Circuit.

Prior Experience

Laura served a clerkship with the Honorable Victor J. Wolski of the U.S. Court of Federal Claims. Prior to attending law school, she was a legislative assistant and director of correspondence for U.S. Senator Peter G. Fitzgerald (Ret.).

Credentials

Bar Admissions

Illinois
New York

Court Admissions

U.S. Supreme Court
U.S. Court of Federal Claims
U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Eastern District of New York
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Southern District of New York

Education

University of Michigan Law School
J.D. Michigan Telecommunications and Technology Law Review - Editor-in-Chief (2007)

University of Illinois at Urbana-Champaign
B.S. (2001)

Insights & Events

Other Perspectives

Publications

  • Co-Author, “Delaware Supreme Court Finds COVID-19 Business Adjustments Entitle Company’s Buyer to Terminate Contract,” Republished in Journal of Bankruptcy Law, June 2022 
  • Author, “Vigilant Monitoring Can Provide Long-Term Protection Against Bankruptcy Customers,” Business Credit Magazine. November/December 2019.
  • Co-Author, "First Circuit Panel Upends Protections Available to Special Revenue Bondholders," Pratt's Journal of Bankruptcy Law. July/August 2019.
  • Co-Author, "Appeal of a Municipal Plan of Adjustment Held to Be Equitably Moot by the Ninth Circuit," The Banking Law Journal. July/August 2019.
  • Co-Author, "Second Time's a Charm: First Circuit Finds That Financing Statement Amendments Saved Defective Collateral Description," The Banking Law Journal. July/August 2019.
  • Co-Author, "Opportunistic Investors' Drive to Accelerate Termination of a CDO Hits a Dead End," Real Estate Finance Journal. Spring 2019.
  • Co-Author, "Sixth Circuit Weighs in on the Meaning of 'Governmental Unit,'" Pratt's Journal of Bankruptcy Law. January 2019.
  • Co-Author, "More Cautionary Tales in Puerto Rico's Restructuring," Pratt's Journal of Bankruptcy Law. November/December 2018.
  • Co-Author, "SDNY Decision Could Inject Uncertainty into 363 Sales," Law360. October 11, 2018.
  • Co-Author, "A Valuable Precedent on Bankruptcy Vote Designation," Law360. June 11, 2018.
  • Co-Author, "Municipalities in Distress? How States and Investors Deal with Local Government Financial Emergencies," Chapman and Cutler LLP. 2016 (2d).
  • Co-Author, "The Bankruptcy Eligibility of Quasi-Government Entities," Law360. February 5, 2018.
  • Co-Author, "Puerto Rico Court Recognizes Limit to Bankruptcy Code's Statutory Lien Definition," Westlaw Journal Bankruptcy. October 5, 2017.
  • Co-Author, "Credit Bidding: Has the 'Fisker' Threat Subsided?" Pratt's Journal of Bankruptcy Law. November/ December 2016.
  • Co-Author, "Equitable Mootness in the Municipal Bankruptcy Context," Law360. October 21, 2016.
  • Co-Author, "Leveraged Lending Guidelines, New Debt Structures and Pitfalls in Bankruptcy," AIRA Journal. Vol. 30 No. 2, 2016.
  • Co-Author, "Red or Black? Difficult Decisions Ahead for Atlantic City," Law360. June 23, 2016.
  • Co-Author, "11th Circuit Restricts Equitable Mootness," Law360. January 5, 2016.
  • Co-Author, "Default Interest in Chapter 11: What Sagamore Partners Means for Lenders," Journal of Taxation and Regulation of Financial Institutions. November/December 2015.
  • Co-Author, “The Precedential Value of Sagamore Partners," Law360. July 30, 2015.
  • Co-Author, “Strategies and Limitations of Sponsor Buybacks,” American Bankruptcy Institute Journal. January 2014.

Speeches and Programs

  • Panelist, "Discussion of Particular Challenges Faced in a Secured, Cross-Border Financing," ACIC Fall Annual Meeting and Education Conference. October 17–18, 2019.
  • Panelist, "Recent Developments in Revenue Pledge and Lien Status," The Bond Buyer's Midwest Municipal Market Conference. June 5, 2019.
  • Panel Moderator, "Health Care Restructuring," 2019 TMA NOW Summit. May 7, 2019.
  • Panelist, "Everything You Always Wanted to Know about Muni Workouts, But Were Afraid to Ask," Municipal Analysts of New York. April 12, 2019.
  • Panel Moderator, “Business and Networking,” 2017 TMA NOW Summit. May 16, 2017.
  • Panelist, “Hot Topics Affecting Secured Creditors in Bankruptcy Proceedings,” ACIC CLE Webinar. December 8, 2016.

Leadership & Community

Professional Associations

  • American Bankruptcy Institute
  • National Federation of Municipal Analysts
  • Turnaround Management Association

Firm Leadership

  • Leader, New York City Office, 2023-present

Honors

  • Faegre Drinker — Pro Bono Honor Roll, 2023
  • New York Super Lawyers — 2018-21, 2023
  • American Bankruptcy Institute — "40 under 40" Honoree, 2018
Awards Methodology
No aspect of these recognitions has been approved by the highest court of any state.
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