Theresa A. Driscoll is a Partner of the firm where she serves as Chair of the firm’s Creditors’ Rights, Restructuring & Bankruptcy Practice Group. She concentrates her practice on chapter 11 and out of court financial restructurings and represents various parties in interest including businesses and business owners, officers and directors, banks and private lenders, equipment lessors, landlords, trustees and unsecured creditors in all phases of bankruptcy cases spanning a wide range of industries from retail, commercial real estate, financial services, digital assets, healthcare, and entertainment. Over the past 24 years, Ms. Driscoll has obtained favorable outcomes for stakeholders in distressed situations and has also aided in the successful reorganization of businesses.  Ms. Driscoll has significant experience conducting 363 sales of businesses in chapter 11 as well as representing trustees and defendants in adversary proceedings in bankruptcy courts throughout the United States.  Ms. Driscoll is also a NYS Part 36 Fiduciary and is eligible to serve as a court-appointed receiver and referee. Additionally, Ms. Driscoll is a Certified Bankruptcy Mediator and is on the Roster of Neutrals for the Nassau County Supreme Court– Commercial Division.

Prior to joining the firm in 2008, Ms. Driscoll was an associate at a prominent international law firm where she represented debtors in several of the country’s largest and most notable chapter 11 bankruptcy and cross-border insolvency cases.

Education

St. John’s University School of Law, J.D. 2000 cum laude
Associate Editor, St. John’s Law Review
Villanova University, B.A. 1994

Admissions

Ms. Driscoll is admitted to practice in New York. She is also admitted to the U.S. District Courts for the Southern and Eastern Districts of New York.

Affiliations

Ms. Driscoll is a member of the TMA (Turnaround Management Association) Long Island Chapter and currently serves on its Board of Directors, having previously served in various executive roles since 2012 including Chapter President in 2020.  She is also a member of the American Bankruptcy Institute and IWIRC (International Women’s Insolvency & Restructuring Confederation), is a Second Circuit Editor for the ABI’s online Circuit Court Reporter, Volo and is on the Board of Editors of The Bankruptcy Strategist.

Recognitions

2024-New York Super Lawyers® Top Women In The New York Metro Area
2023-New York Super Lawyers®
2023-Lawdragon 500 Leading U.S. Bankruptcy & Restructuring Lawyers
2022-New York Super Lawyers®
2022-Top Power 25 In Law Long Island Business News
2021-Long Island’s Top 50 Most Influential Women In Business, Long Island Business News
2021-New York Super Lawyers®
2020-New York Super Lawyers®
2020- Who’s Who In Professional Women Services, Long Island Business News
2020-SFNet Top Women In Commercial Finance
2017-New York Super Lawyers®
2016-New York Super Lawyers®
2015 ALM Top-Rated LI Lawyer Annual Legal Leaders Guide

Representative Debtor Matters

• Debtor representation of DPNY, Inc. (franchisee of four Domino’s Pizza Franchisees in NYC) (S.D.N.Y. Bankr. 2015)
• Debtor representation of Dial-A-Mattresset al. in connection with chapter 11 filing and 363 sale to an affiliate of Sleepy’s LLC (E.D.N.Y. Bankr. 2009)
• Foreign debtor representation of Air Canadain connection with chapter 304 proceeding (S.D.N.Y. Bankr. 2003)*
• Debtor representation of Livent (U.S.) Inc.in connection with cross-border solicitation chapter 11 liquidating plan (S.D.N.Y. Bankr. 2003)*
• Special debtor representation of Global Crossing(S.D.N.Y. Bankr. 2002)*
• Debtor representation of Adelphia Comm.Corp. (S.D.N.Y. Bankr. 2002)*
• Debtor representation of AMF Bowling (E.D.Va. Bankr. 2001)*
• Debtor representation of Schwinn/ GT Corp. (Bankr. D. Co. Bankr. 2001)*

Representative Creditor Matters

• Several landlords in the Rite Aid chapter 11 cases (Bankr. N.J. 2022)
• Certain aircraft lessors in the Air Methods Corporation chapter 11 cases (Bankr. S.D. Tex. 2022)
• Equipment lender in the Core Scientific chapter 11 cases (Bankr. S.D. Tex. 2022)
• Equipment lessor in the Unconditional Love chapter 11 case (Bankr. S.D.N.Y. 2022)
• Equipment lender in the Phoenix Services chapter 11 cases (Bankr. Del. 2022)
• Represented mortgagees in multiple single asset chapter 11 cases throughout country.
• In re Diocese of Rockville Centre, Chapter 11 (Bankr. S.D.N.Y. 2021)- Represent several parishes.
• In re National Museum of American Jewish History, (Bankr. E.D. Pa. 2020)- Represented majority bondholder and mortgagee in connection with mortgagor chapter 11. Successfully challenged Debtor plan valuation after a six-day trial as well as on appeal to E.D. Pa.
• In re East Orange General Hospital, Inc. et al., (Bankr. D.N.J. 2015)- Represented DIP lender in chapter 11 case through 363 asset sale.
• In re The Farber Center for Radiation Oncology (Bankr S.D.N.Y. 2013) – Represented radiation oncology machinery manufacturer and lessor through 363 sale in chapter 11.
• In re Peninsula Hospital Center, (Bankr. E.D.N.Y. 2013) – Represented Defendant President and CEO of Hospital Debtor in chapter 11 trustee adversary proceeding asserting claims for breach of fiduciary duty.
• In re Highgate LTC Management, LLC, et al., (Bankr. N.D.N.Y. 2007) – Successfully defended lender liability litigation against lender commenced by purchaser of Debtor assets and obtained affirmance on appeal to N.D.N.Y.

*matters denoted with an asterisk reflect work handled prior to joining the firm.