Anne H. Pak
Anne’s practice focuses on corporate restructuring and distressed M&A transactions, including distressed loan and claims trading. Anne regularly represents secured and unsecured creditors, debtor-in-possession lenders, private equity investors, creditor, bondholder and equity committees, and administrative agents and indenture trustees in complex in-court and out-of-court restructurings throughout the United States and internationally.
Anne is lead counsel for investment funds and financial institutions in the acquisition of billions of dollars of claim in bankruptcy and insolvency proceedings worldwide (US, Europe and Asia) including the proceedings of Lehman Brothers, Madoff, Enron, MF Global, American Airlines and LightSquared. The amount of transactions closed to date exceeds forty billion, and the claims purchased are diverse in nature – prime brokerage claims, derivative claims, guarantee claims, litigation claims, general unsecured claims, customer property claims, bonds and structured security claims, net equity claims, as well as other types of claims and interests. The transactions Anne leads involve the largest and most complex distressed trades in the marketplace.
Anne also specializes in debt finance, representing lenders in senior and subordinated credit facilities, including mezzanine financings.
- Represented The Official Committee of Unsecured Creditors of RH Donnelley in its successful restructuring.
- Counseled Bank of New York, Deutsche Bank Trust Company Americas, HSBC Bank USA, N.A. and Wilmington Trust, N.A. in various fiduciary and agency capacities on behalf of lenders of billions in debt.
- Certain bondholders as DIP and exit lenders in the Chapter 11 case of Port Townsend, Inc. and IdleAire Technologies Corporation.
- Advised a private equity fund, American Industrial Partners, in its successful acquisition of a Potomac Supply Corporation, a Virginia based producer and supplier of lumber and lumber treatment products to American and European markets.
- Represented Avaya, a global leader in business communications systems, in its acquisition of the multinational enterprise solutions business of Nortel, North America’s biggest maker of telecom equipment, which involved simultaneous proceedings in the United States, Canada and Europe.
- Counseled Bain Capital, in connection with its $2.15 billion stalking horse bid to acquire substantially all of the assets of the investment management division of Lehman Brothers, Neuberger Berman.
- Advised a project level creditors in the Chapter 11 case of Calpine Corporation.
- Represented JPMorgan Chase in the Chapter 11 case of Enron Corporation.
- Represented Sankaty Advisors, the secured lender and new money investor, in the restructuring of Electrical Components International Inc.