John D. Penn

In re FTX Trading Ltd. and In re FTX Digital Markets Ltd.

Represents a depository bank in connection with the FTX Trading Ltd. Chapter 11 cases and the FTX Digital Markets Ltd Chapter 15 case pending in the U.S. Bankruptcy Court for the District of Delaware.

In re Voyager Digital Holdings, Inc. and In re Celsius Network LLC

Advises a number of parties in interest regarding issues arising in the Voyager and Celsius Chapter 11 cases pending in the U.S. Bankruptcy Court for the Southern District of New York.

In re Stone Gate Resources, Inc.

Represented royalty owner in Chapter 11 case that involved in litigation over ownership of the royalty interest.

In re Duer Wagner III Oil & Gas LP

Represented operator in Chapter 11 case involving oil and gas company.

In re CJ Holdings, Inc.

Represented unsecured creditor in Chapter 11 case of oil and gas company.

In re Rincon Island Limited Partnership

Represent DIP lender to the Chapter 11 debtor during its bankruptcy case.

In re Global Geophysical Services, Inc.

Represent unsecured creditor and executory contract party in Chapter 11 restructuring.

Confirmed Hostile Chapter 11 Plan for Oil Wildcatter*

Represented the lender to an oil "wildcatter" in Chapter 11 where a plan resolving a "lender liability" lawsuit was confirmed over the debtor's vigorous objections, which was then affirmed on appeal.

Protected Creditor of Barnett Shale Energy Company in Complex Chapter 11*

Represented the purchaser of a note from an energy company producing oil and gas from the Barnett Shale. Negotiated the resolution of litigation against the purchaser to secure a Chapter 11 plan that provided for the debt to be paid. When the debtor could not perform under the confirmed plan, a renegotiation secured a substantial pay down and the ultimate foreclosure on the producing properties.

Counseled Creditors Committee in Gas Producer Insolvency*

Represented the creditors committee in the Chapter 11 case of a gas producer in the Texas Panhandle.

Served as BK Counsel to Lenders to Oilfield Service and Energy Companies*

Represented lenders in the Chapter 11 cases of a variety of oilfield service companies as well as cases filed by the owners of substantial oil and gas holdings.

Achieved Payment and Reduced Risks for Owner of Decommissioned Power Plant*

Represented the owner of decommissioned electrical power plants that contracted for their demolition and the recovery of scrap metal in a case where the scrap company breached its contracts, created substantial environmental exposure and then filed for Chapter 11. The bankruptcy court approved the lock out of the contractor and dismissed the debtor’s counterclaim litigation. This ultimately provided a resolution for a substantial payment to the owner.

Acted as Lender's Counsel to Forest Products Company in Contentious Chapter 11*

Represented the lender to a large forest products company in Chapter 11 where the debt was collected as a result of the sale of the company’s primary assets after a contested confirmation hearing involving multiple plans of reorganization.

Protected Lender's Interests in Gold Mining Equipment Bankruptcy*

Represented the lender in the Chapter 11 case of an individual who owned gold mining equipment located in Alaska.

Successfully Restructured Distribution Company

Represented Cummins Utility, LP, a large utility supply company, in its insolvency matters.

Representing The Boeing Company in Chapter 11 Cases

• Philippine Airlines, Inc.
• Grupo Aeromexico, S.A.B. de C.V. and its affiliates.
• Avianca Holdings, S.A. and its affiliates.
• LATAM Airlines Group S.A. and its affiliates.
• Miami Air International, Inc. (in both Chapter 11 and converted Chapter 7 case).
• Ravn Air Group, Inc. and its affiliates. 

Represented Aircraft Manufacturer and Defense Contractor

• Obtained removal of company’s work in progress materials from the liquidation of a supplier on a defense contract.
• Obtained the assumption of company’s contract with a defense contractor.
• Secured significant recovery upon a contract rejection claim from the liquidation of a commercial aircraft parts supplier.

Represented Lenders, Debtors, Committees and Trustees in Major Chapter 11 Matters:*

• Represented the bankruptcy trustee for the oldest airline in the United States where the company was sold and airline continues flying. 
• Represented an unofficial committee of noteholders in the Chapter 11 case of Fruehauf Trailers, Inc. 
• Represented Kitty Hawk, Inc., then the nation's largest nonintegrated overnight cargo carrier, which was successfully reorganized under Chapter 11. 
• Served as counsel to the Chapter 11 trustee for Esco Elevators, Inc. 
• Represented the lender in the Chapter 11 case of a company making parts for UH-1 helicopters used by the U.S. military. 
• Acted as counsel to the lender to a manufacturer of meals for military and survival uses; the debt was restructured for a short-term repayment and the subordination attempt by the creditors committee was defeated.

* Prior Experience

Served as Lenders' Counsel in Variety of Real Property Chapter 11 Cases:*

Represented lenders in numerous Chapter 11 cases involving real property assets, including apartment complexes, golf courses, nursing homes, assisted living centers, office buildings, distribution centers, specially constructed buildings, retail centers, strip malls and shopping malls.

* Prior Experience

Provided Counsel in These Chapter 11 and Reorganization Matters:*

• Represented The Bombay Company, Inc. in its Chapter 11 case.
• Served as counsel to the Official Creditors Committees in the Chapter 11 cases of Larry’s Shoes, Inc. and Boot Town, Inc.
• Advised and counseled the primary supplier and franchisor in the Lone Star Lubrication, Inc. Chapter 11 case.
• Represented the primary supplier and franchisor in the Heartland Automotive Holdings Chapter 11 case.

* Prior Experience

Counseled Counterparty to Public Private Partnership Financing

Represented the public entity in addressing the issues regarding a financially distressed counterparty in a public private partnership transaction.

Defended Target in Avoidance Actions

Defended company sued in two different courts regarding its investment in a special purpose entity that was sued on fraudulent conveyance and similar theories (successfully eliminating the risk of duplicate exposure for the same investment).

In re Oak Rock Financial, LLC

Represented Official Committee of Unsecured Creditors in Chapter 11 and adversary proceedings of small business lender.

In re Mt. Gox Co. Ltd.

Represented depositor in virtual currency exchange’s Chapter 15 case of a Japanese company.

Counseled Lender in Bid Opposition in Innkeepers USA Chapter 11*

Represented Midland Loan Services Inc., the servicer for $825 million in mortgage debt, in its opposition to a bid by Innkeepers USA Trust to enter into a plan support agreement regarding a debt-for-equity swap with Lehman Brothers Holdings Inc.'s subsidiary, Lehman ALI, Inc. and Apollo Investment Corporation.

Represented Lender to Construction Equipment Company in BK*

Represented American Bank of Texas in Lewis Equipment Company, Inc. case; Lewis owns, rents and operates a variety of cranes used in a wide variety of construction projects around the USA.

* Prior Experience

In re Amsterdam House Continuing Care Retirement Community, Inc.

Represented Official Unsecured Creditors Committee in Chapter 11 proceeding for nonprofit continuing care retirement community.

In re Verity Health System of California, Inc.

Represented unsecured creditor and executory contract counterparty in obtaining payment of its past due administrative expense claims and its executory contract rejection claim.

In re Thomas Health System, Inc. and its affiliates

Represented unsecured creditor and key service provider to hospital during the Chapter 11 bankruptcy of the hospitals.

In re Walker County Hospital Corporation, d/b/a Huntsville Memorial Hospital

Represented unsecured creditor and key service provider to hospital during the Chapter 11 bankruptcy of the hospital.

In re Morehead Memorial Hospital, d/b/a North Texas Medical Center

Represented unsecured creditor and key service provider to hospital during the Chapter 11 bankruptcy of the hospital.

In re Gainesville Hospital District dba North Texas Medical Center

Represented unsecured creditor and key service provider to hospital during the Chapter 9 bankruptcy of the hospital district.

Advised in One of the Largest Not-for-Profit Chapter 11 Cases*

Served as Creditors' Committee counsel in National Benevolent Association, a not-for-profit corporation that owns and operates senior living facilities and facilities for developmentally disabled adults and juveniles. NBA is one of the largest not-for-profit corporations to seek Chapter 11 relief.

Acted as Counsel to Lender in Hospital BK*

Represented the lender to the regional hospital in Bridgeport, Texas in its Chapter 11 case.

* Prior Experience

Provided Debtor and Lender BK Representation:*

• Represented Affiliated Food Stores, Inc., a Fort Worth grocery distribution coop, in its Chapter 11 case.
• Counseled the lender to Pangburn Candies, Inc. in its Chapter 11 case.
• Represented the Official Committee of Unsecured Creditors of Mrs. Baird’s Bakeries, Inc., in its Chapter 11 case.

* Prior Experience

In re Francis DeLape

Represent media company in quashing subpoena based on “reporter shield” law.