Frank A. Oswald - New York, NY

• Partner

• Corporate Reorganization Law
• Bankruptcy Law
• Creditors' and Debtors' Rights Law
• Insolvency Law

• Rubie’s Costume Company, co-counsel to the Debtors, the largest costume manufacturer and distributor in the world, with annual sales of approximately $300 million, in their chapter 11 restructuring.
• McClatchy: Co-counsel to the Debtors, a163-year-old family-controlled public company that provides independent local journalism to 30 communities in 14 states through its local newspapers, including well-respected publications such as the Miami Herald, The Kansas City Star, The Sacramento Bee, The Charlotte Observer, The(Raleigh) News & Observer, and the (Fort Worth) Star-Telegram, as well as national news coverage through its Washington, D.C. bureau, in restructuring approximately $1.6 billion in debt.
• Trident Holding Company, LLC, co-counsel to the debtors, the leading national provider of bedside diagnostic and related services in the United States operating in 35 states, in the restructuring of approximately $700 million in liabilities.
• Pacific Drilling: counsel to the Debtors, which specialize in ultra-deep water drilling for a myriad of the largest oil and gas companies in the world, in the restructuring of more than $3 billion in liabilities
• Toisa Limited: lead counsel to the debtors, 24 international shipping companies involving 46 vessels and the restructuring of more than $1 billion in liabilities
• SunEdison, Inc.: co-counsel to the debtors, one of the world's leading developers of renewable-energy solutions, involving the restructuring of more than $16 billion in liabilities.
• Relativity Fashion, LLC: Counsel to the Official Committee of Unsecured Creditors of 143 debtors engaged in motion picture and television production and distribution, resulting in the restructuring of liabilities exceeding $750 million
• Federation Employment and Guidance Service, Inc, d/b/a FEGS (co-counsel to the Debtor, a not for profit health and human services organization providing a broad range of services to more than 120,000 individuals annually, with assets and liabilities exceeding $100million)
• Sound Shore Medical Center of Westchester et al (counsel to the Purchaser in a section 363 sale of substantially all of the debtors' assets for approximately $60 million. The debtors operate two hospitals and a nursing home).
• Personal Communications Devices (co-counsel to the Debtors, a distributor of specialty mobile devices and accessories which also provides value added services to manufactures and wireless telecom carriers with sales exceeding $1 billion).
• Grubb & Ellis Company (lead counsel to the Debtors, an international real estate brokerage and property management company, with more than 100 offices and revenue exceeding $500 million which was sold as a going concern in a transaction approved by the Bankruptcy Court in less than 45 days following the commencement of the Chapter 11 case)
• Eastman Kodak (co-counsel to the Official Committee of Unsecured Creditors appointed in the Kodak Chapter 11 cases which involves the restructuring of more than $1billion in liabilities)
• Betsey Johnson LLC (co-counsel to the Debtor, a leading designer, marketer, retailer and wholesaler of premier women's contemporary apparel and accessories in its Chapter 11 case involving the orderly liquidation of 63 retail and outlet stores)
• Loehmann's Department Stores (lead counsel to the Debtors, a leading national specialty retailer of designer and brand-name apparel, concerning the restructuring of $190 million in liabilities pursuant to a Chapter 11 plan confirmed by the Bankruptcy Court within 12 weeks of case commencement)
• General Motors (conflicts counsel to the Debtors concerning the largest OME in the United States involving the restructuring of more than $80 billion in liabilities)
• Chrysler, LLC (conflicts counsel to the Debtors in the first Chapter 11 case ever filed by an OME concerning the restructuring of a more than $55 billion in liabilities)
• Charter Communications (counsel to one of the affiliated debtors which together is one of the largest cable/broadband communication companies in the United States, involving the successful restructuring over $22 billion in liabilities)
• Enron Corp. (co-counsel to the Debtors in one of the largest bankruptcy cases ever filed wherein, among other things, the firm prosecuted more than 1,000 adversary proceedings and recovered in excess of $500 million for the estate)
• Our Lady of Mercy Hospital (lead counsel for the Debtor involving more than $100 million in liabilities, successfully consummated the Chapter 11 sale of substantially all of the hospital's assets as a going concern)
• Saint Vincents Hospitals (conflicts counsel to the Debtor hospitals involving the restructuring over $1 billion in liabilities)
• Cabrini Medical Center (lead counsel to the Debtor, which having ceased operations, commenced a Chapter 11 case to maximize asset value through a Section 363 sale process)
• Finlay Jewelry (conflicts counsel to the Debtors, a national chain of retail jewelry stores involving over $385 million in liabilities)
• Tower Automotive (conflicts counsel to one of the largest automotive parts supplier's in the country to tier-one manufacturers)
• MSR Resort Golf Course LLC (conflicts counsel to the Official Committee of Unsecured Creditors)
• Ellen Tracy LLC (counsel to the Chapter 7 Trustee in litigation against the debtors lenders and directors & officers for, among other things, the recovery of avoidable transfers and breach of fiduciary duties resulting in settlements valued at approximately $20 million for the estate).
• Corporate Resource Services, Inc.: Counsel to Chapter 11 trustee in cases involving $100 million tax fraud by professional employer organization
• City of Detroit: Counsel to Chapter 9 municipality, responsible for investigation and prosecution of preferential transfer claims
• Aeropostle, Inc.: co-counsel to the Debtors, a teen clothing retail chain of more than 800 stores involving the restructuring of approximately $260 million in liabilities

• Grubb & Ellis Co., et al.,, Case No. 12-10685 (MG), 478 B.R. 622 (Bankr. S.D.N.Y. 2012) (Memorandum Opinion and Order Denying Former Agents' Motion for Administrative Expense Claims)
• Grubb & Ellis Co., et al.,, Chapter 11 Case No. 12-10685 (MG), 2012 WL 1036071 (Bankr. S.D.N.Y. March 27, 2012) (Memorandum Opinion Approving the Sale of Substantially All of the Debtors' Assets)
• Cabrini Medical Center, et al.,, Chapter 11 Case No. 09-14398 (AJG), 2012 WL 527711 (Bankr. S.D.N.Y., February 16, 2012) (Opinion Denying Mannucci Parties' Motions for Summary Judgment)
• Cabrini Medical Center, et al.,, Chapter 11 Case No. 09-14398 (AJG) (Bankr. S.D.N.Y. June 15, 2012) (Memorandum of Decision denying renewed motion for relief from automatic stay by the Mannucci Parties)
• Narumanchi vs Saint Vincents Catholic Medical Centers of New York ( Saint Vincents Catholic Medical Centers of New York, No. 11 Civ. 9431 (ER) (SDNY Sept. 27, 2012) (affirming Bankruptcy Court's Order denying relief from automatic stay)
• Enron Corp. v. J.P. Morgan Sec., Inc. (Enron Corp.), 388 B.R. 131 (S.D.N.Y. 2008)
• Saint Vincent's Catholic Med. Ctrs. of N.Y., No. 05 B 14945(ASH), 2007 WL 2492787 (Bankr. S.D.N.Y. Aug. 29, 2007)
• Enron Corp. v. Bear, Stearns Int'l Ltd. (Enron Corp.), 323 B.R. 857 (Bankr. S.D.N.Y. 2005), appeal denied, No. M-47, 01-16034, 03-93371, 03-93388, 03-93373, 2006 WL 1222035 (S.D.N.Y. May 3, 2006), adhered to on reconsideration by No. M-47(LBS), 01-16034, ADV. 03-93388, 2006 WL 1724516 (S.D.N.Y. June 19, 2006)
• LFD Operating, Inc. v. Ames Dep't Stores, Inc. (Ames Dep't Stores, Inc.), 144 F. App'x 900 (2d Cir. 2005), aff'g No. 02 Civ. 6271(SHS), 01-42217(REG), 01-8139A(AJG), 2004 WL 1948754 (S.D.N.Y. Sept. 1, 2004), aff'g 274 B.R. 600 (Bankr. S.D.N.Y. 2002)
• Joan and David Halpern Inc., 248 B.R. 43 (Bankr. S.D.N.Y. 2000)

• New York, 1986
• New Jersey, 1986
• U.S. District Court Southern District of New York, 1987
• U.S. District Court Eastern District of New York, 1987
• U.S. District Court District of New Jersey, 1987
• U.S. Court of Appeals 2nd Circuit, 2005
• Supreme Court of the United States of America, 2009

• U.S. Bankruptcy Court EDNY Chapter 11 Lawyers Advisory Committee
• Bankruptcy Lawyers Bar Association (Member)
• American Bankruptcy Institute and Health Care Subcommittee (Member)
• Turnaround Management Association (Member)
• New York City Bar Association (Bankruptcy Committee Member)
• AIRA - Association of Insolvency and Restructuring Advisors
• Turnaround Management Association New York Chapter (Executive Board Member, General Counsel/Governance Committee)
• Practical Law Bankruptcy Advisory Service, 2016 - Present (Board Member)
• New York State Bar Association (Member)
• American Bar Association (Member)

• Business Bankruptcy 101 for Small/Mid-Size Firm and Solo Practitioners, New York City Bar webinar, March 2021
  
• ABI New York Conference, Health Care and Education Panel, May 2017
  
• Wharton Restructuring and Distressed Investing Conference, Strategies to Exit Administratively Insolvent Chapter 11 Cases, February 2017
  
• Alternatives to Chapter 11, ABI New York Conference, - 2015
  
• Health Care on the Front Lines, ABI 29th Annual Spring Meeting, Washington, D.C., April 2011
  
• Is Bankruptcy the Right Prescription for Distressed Health Care Providers, NYC Bar Association, New York, NY, March 2011
  
• Use of Valuations in Fraudulent Conveyance Cases, AIRA's 10th Annual Advanced Restructuring and Plan of Reorganization Conference, 2011
  
• Health Care Triage 2009, ABI Health Care Conference, Loyola University Chicago, June 2009

• Elizabeth Seton Pediatric Center, Board Member, 2009 - Present
• Jewish Community Center of Staten Island, Board Member, 2016

• Hon. Cecelia H. Goetz, U.S. Bankruptcy Judge, Eastern District of New York, Student Law Clerk, 1984
• Hon. Conrad B. Duberstein, Chief U.S. Bankruptcy Judge, Eastern District of New York, Student Law Clerk, 1984 - 1985

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• (212) 201-5590

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• https://www.togutlawfirm.com

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View the profile for Frank A. Oswald on Super Lawyers

• Named a Super Lawyer every year since 2010
• Ranked lawyer in Chambers USA
• Recognized in Best Lawyers in America for New York City
• AV Preeminent Rating - Martindale-Hubbell Pier Review, 1996 - Present