Anthony L. Greene - New York, NY

Experienced restructuring attorney who represents a wide array of clients in connection with complex Chapter 11 cases, out-of-court restructurings, distressed transactions, and other insolvency scenarios from start to finish. Anthony routinely directs strategy, coordinates and oversees specialists, and leads the representation of a full suite of distressed situations for companies, acquirers, secured and DIP lenders, creditors, and fiduciaries.

Biography

Anthony L. Greene is a restructuring attorney who leads complex, in and out-of-court matters from start to finish. Clients turn to Anthony to take ownership of a case, drive its strategy, and coordinate the multidisciplinary team (including financial advisors, investment bankers, and specialist and local counsel) that a distressed situation requires, moving even the most contested Chapter 11 and litigation matters efficiently toward resolution. He combines hands-on, day-to-day case management with the initiative and judgment to anticipate problems before they arise.

Much of Anthony’s practice is spent navigating complex bankruptcy proceedings, including DIP and cash-collateral disputes, 363 and Chapter 11 plan sales, plan confirmation, and intercreditor and lien-priority battles.

On the company side, Anthony advises debtors and their boards through Chapter 11 reorganizations, going-concern and Section 363 sales, out-of-court restructurings, and wind-downs. He also has significant experience on both sides of the table, representing strategic and financial acquirers (including credit-bid and stalking-horse buyers and plan sponsors) as well as sellers and estates, in the purchase and sale of distressed assets and enterprises.

Anthony and the Togut team are regularly entrusted with mandates that demand independence and credibility, serving as counsel to special committees of boards of directors, official creditors’ committees, examiners, and liquidating and litigation trustees, including in investigations and prosecutions of estate claims against parents, sponsors, and insiders.

Anthony’s experience spans a wide range of sectors, including healthcare, hospitals, and medical devices; real estate and hospitality; retail and apparel; telecommunications and fiber/broadband; oil and gas and offshore energy; technology and software; cryptocurrency and digital assets, including decentralized finance (DeFi); financial services; food, beverage, and consumer products; manufacturing; mass-tort and talc liabilities; aviation; railroads and transportation; and education and nonprofit institutions. He prides himself on a client-centric, commercial approach that builds consensus and implements efficient solutions to achieve his clients’ objectives.

Anthony has been recognized in Best Lawyers: Ones to Watch in America (2022–2026). In 2014, he received the American Bankruptcy Institute (ABI) Medal of Excellence. He is active in the ABI, the Turnaround Management Association (TMA), and the American Bar Association (ABA). From 2014 through 2016, Anthony served as judicial clerk to the Honorable Catherine E. Bauer, U.S. Bankruptcy Court.

Practice Focus

• Roles: Debtor and company counsel · Buy- and sell-side distressed M&A, including strategic and financial acquirers, Section 363, credit-bid, and stalking-horse buyers, and sellers · Chapter 11 plan sponsor · Secured lender, DIP lender, and administrative agent · Bondholder and monoline insurer · Official creditors’ committee · Trade vendors and creditors · Special-committee and independent-director counsel · Examiner and conflicts counsel · Liquidating and litigation trustee
• Industries: Healthcare, hospitals, and medical devices · Real estate and hospitality · Retail and apparel · Telecommunications and fiber/broadband · Oil and gas and offshore energy · Technology and software · Cryptocurrency and digital assets / DeFi · Financial services · Food, beverage, and consumer products · Manufacturing · Mass-tort and talc liabilities · Aviation · Railroads and transportation · Education and nonprofit
• Matter types: Complex and contested Chapter 11 · Out-of-court restructurings · DIP and exit financing · Section 363 sales, credit bids, and stalking-horse transactions · Plans of reorganization and liquidating/litigation trusts · Intercreditor and lien-priority disputes · Adversary proceedings and bankruptcy litigation · Fraudulent-transfer, preference, and avoidance-action prosecution and defense · Equitable subordination · Estate-claims investigations against parents, sponsors, and insiders · Chapter 15 cross-border insolvency · Proxy contests and shareholder activism

Representative Cases

Complex & Contested Chapter 11, Cross-Border & Bankruptcy Litigation

• Celsius Holdings, Inc. and its subsidiary Alani Nutrition LLC (maker of the Alani Nu functional-beverage brand), as defendants, in the defense of avoidance and preference claims brought by the post-confirmation litigation trust (RAD Sub-Trust A) in the Rite Aid Chapter 11 cases
• A prominent monoline insurer in the restructuring of billions of dollars of bonds issued by the Commonwealth of Puerto Rico and its instrumentalities, including the Puerto Rico Electric Power Authority (PREPA)*
• A financial services holding company, as creditor, in a billion-dollar fraud involving a hedge fund and a scheme to defraud investors that resulted in a Chapter 15 cross-border bankruptcy filing*
• The former chairman and CEO of a cryptocurrency platform in connection with the company’s Chapter 11 proceedings, which resulted in a distribution of over $3 billion in cryptocurrency and fiat to creditors*
• A major movie studio creditor in insolvency proceedings throughout the United States*

Fiduciary & Independent Mandates

• BMI Oldco Inc. (f/k/a Barretts Minerals Inc.), a producer of industrial talc, as counsel to the Special Committee of the Board of Directors charged with the independent investigation of estate claims in its Chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of Texas
• The estate of Manhattan Country School, a historic Upper West Side educational institution, in the administration and wind-down of its assets, directing the preservation and value-maximizing sale of its principal asset (a landmarked Upper West Side schoolhouse)
• The official committee of unsecured creditors of Hebrew Hospital Home of Westchester Inc., a nursing-home facility in Westchester, New York, and thereafter the liquidation trustee*

Company-Side & Debtor Representations

• Brooks Brothers Group, Inc. and its affiliates, the oldest apparel company in the United States, in their Chapter 11 cases and the subsequent wind-down of their estates*
• Fieldwood Energy LLC, a Gulf of Mexico offshore oil and gas exploration and production company, in its second Chapter 11 cases involving approximately $1.8 billion in debt (Law360 Bankruptcy Group of the Year)*
• A Louisiana-based hospital in connection with its Chapter 11 bankruptcy filing and Section 363 sale*

Distressed M&A: Buy-Side and Sell-Side (Section 363)

• Wood Lane Partners, LP, a Houston-based real estate developer, as Plan Sponsor in the Chapter 11 case of Platinum Heights, LP in the U.S. Bankruptcy Court for the Southern District of Texas
• The UK Government in its acquisition of the business of OneWeb Global Ltd. for more than $1 billion through a Chapter 11 auction and as a Chapter 11 plan sponsor*
• A strategic acquirer in its purchase of certain assets of Delta Apparel through a Section 363 sale*
• A strategic acquirer in its bid to purchase the assets of a medical device company developing simultaneous MRI-guided adaptive radiation therapy technology*
• A strategic acquirer in its bid to acquire the assets of a provider of fiber-based internet services for residential, multi-family, and commercial office properties*
• A New York City real estate owner and developer in the acquisition of mortgage loans and a DIP facility totaling approximately $50 million, used to acquire title to the debtor’s building through a Chapter 11 free-and-clear sale in the U.S. Bankruptcy Court for the Southern District of New York*

Secured Lenders, DIP Lenders, Agents & Other Creditors

• Grand Avenue Investment LP, as secured lender, in the Chapter 11 case (of Flipcause, Inc., a nonprofit fundraising-software company, in the U.S. Bankruptcy Court for the District of Delaware
• Citibank, N.A., as administrative agent under the DIP credit facility, in the Chapter 11 cases of Garrett Motion Inc. and its affiliates*
• Credit Suisse, as administrative agent and lead lender, in a $1.9 billion DIP loan to Chapter 11 debtor Walter Investment Management Corp.*
• A private equity fund in connection with a $120 million DIP facility for a leading healthcare apparel company*
• Citizens Bank, as lead arranger, in the closing of a $350 million term loan facility for a leading small-business software provider*
• Wells Fargo Bank, N.A. in the out-of-court restructuring of a $550 million credit facility*
• The senior lender in connection with the default, exercise of remedies, and intercreditor-related issues on a defaulted loan secured by a major hotel in New York City*
• A secured creditor and DIP lender in the Chapter 11 case of one of the largest independent ticket-brokerage businesses*
• A prominent REIT focused on investing in luxury hotels and resorts in the southern United States in connection with a longstanding proxy fight*
• A Cleveland, Ohio-based asset manager in connection with its $1 billion investment in a Class I railroad and a subsequent proxy campaign for operational and safety-focused change*
• Part of the team serving as national bankruptcy counsel for a leading hotel franchisor*
• Numerous national lenders in connection with out-of-court restructurings*

* Denotes experience while at a prior firm.