Out-of-the-Ordinary Out-of-Court Restructuring Issues

Andrew M. Simon is a managing director with Oxford Restructuring Advisors in Cincinnati and is an experienced restructuring advisor who has been consulting troubled companies and their stakeholders for more than 20 years. He has practiced both as an attorney and as a certified public accountant in bankruptcy cases and other insolvency proceedings for debtors and creditors.

Mr. Simon has particular experience representing buyers and sellers of distressed assets, as well as troubled companies, lenders, indenture trustees and creditor groups in both ? 363 transactions and out-ofcourt asset sales. He recently represented a secured lender group in the successful appointment of a receiver for the repayment of a health care group’s $75 million loan. Additional recent engagements include advisory work to companies in the mining (three separate gold mining companies, including two publicly traded), oil and gas (E&P company with more than $2 billion in debt), environmental services (privately held remediation company), food (multi-billion dollar cooperatively held beef and pork producer) and hospitality (privately held restaurant group) industries, among others.

Mr. Simon received his B.B.A. in accountancy from the University of Notre Dame in 1998 and his J.D. in 2008 from Northwestern University Pritzker School of Law.

W. Timothy Miller is a partner in the Cincinnati office of Taft Stettinius & Hollister LLP, where he assists business owners, C-level executives and boards of directors in restructuring financially distressed businesses. He has more than 20 years of experience in counseling financially troubled businesses; handling complex out-of-court restructurings, distressed asset acquisitions and dispositions (including UCC Article 9 sales); advising suppliers, factors, asset-based lenders and capital equipment and real estate lessors at the inception of the customer relationship and when the customer defaults; issuing true sale and nonsubstantive consolidation opinions for bankruptcy-remote entities; and representing major constituencies (debtors, official and unofficial committees, significant suppliers and DIP lenders) in chapter 11 bankruptcies. He is Board Certified by in Business Bankruptcy Law and is listed in the 2006-16 editions of Chambers USA: America’s Leading Lawyers for Business, the 2006-16 editions of The Best Lawyers in America, published by Woodward/White, Inc., and the 2005-16 editions of Ohio Super Lawyers. In 2009, he was appointed to the Rules Committee for the U.S. Bankruptcy Court for the Southern District of Ohio, and he has served on the Cincinnati Bar Association’s Bankruptcy Judicial Liaison Committee.

Mr. Miller received his bachelor’s degree cum laude from DePauw University in 1989 with a double major in music and economics/ management, and his J.D. from Cornell Law School in 1992, where he served on the board of editors of Cornell Law Review.

Heather K. Lennox is partner-in-charge in the Cleveland office of Jones Day, where she has played a leading role in representing debtors and potential debtors, creditors’ committees, pre-petition secured lenders, bank groups, DIP lenders, credit card processors and other significant creditors in many of the nation’s largest in- and out-of-court corporate and municipal restructurings. She counsels clients in fraudulent conveyance, illegal dividend, fiduciary duty and piercing-the-corporateveil issues, as well as mass-tort issues in bankruptcy.

Ms. Lennox has represented entities in the structuring and consummation of spin-offs, distressed sales and acquisitions, ring-fencing transactions, and other out-of-court restructuring transactions, including in the cases of Peabody Energy Corp., the City of Detroit, Copperweld Corp., CSC Industries, Dana Corp., Fruehauf Trailer Corp., Great American Communications Co. (a prepackaged case), Hostess Brands, Inc., LTV Steel Co., Metaldyne Corp., Oglebay Norton Co. and St. Mary’s of the Woods (a CCRC) as debtors’ counsel, and significant creditors in the Delta Airlines, Forum Health, HomePlace Stores, Northwest Airlines, Pittsburgh Penguins, R.H. Macy, Southern Air Transport, United Airlines, US Airways and Wornick Co. bankruptcies.

Ms. Lennox has coauthored bankruptcy-related articles published in The Business Lawyer and the Journal of Bankruptcy Law and Practice. She is listed in the Guide to the World’s Leading Insolvency and Restructuring Lawyers, is a Fellow in the American College of Bankruptcy, is a conferee of the National Bankruptcy Conference (2012-present), and is a member of ABI, the Cleveland Metropolitan Bar Association and the Bankruptcy Committee of the New York City Bar Association. Lawdragon 500 listed her among the “Leading Lawyers in America” in 2017, and she has been recognized in the Guide to the World’s Leading Women in Business Law and in Ohio Super Lawyers.

Ms. Lennox received her B.A. summa cum laude from John Carroll University and her J.D. cum laude from Georgetown University.

Damian S. Schaible is a partner with Davis Polk & Wardwell LLP in New York and co-heads its Restructuring practice. He has experience in a wide range of corporate restructurings and bankruptcies, representing debtors, creditors, banks, hedge funds, asset-purchasers and other strategic parties in connection with pre-packaged and traditional bankruptcies, out-of-court workouts, DIP and exit financings, bankruptcy litigation, ? 363 sales and liability-management transactions.

Mr. Schaible has served on ABI’s Executive Committee and on the Executive Committee of the New York City Bar Association as its treasurer. In addition, he has worked with several major financial institutions on their resolution plans (“living wills”) as required under Dodd-Frank.

Mr. Schaible was twice named an “Outstanding Restructuring Lawyer” by Turnarounds & Workouts, most recently in 2020, and was named an “Energy MVP of the Year” by Law360 for 2017. He received his B.A. magna cum laude in political science from the College of the Holy Cross in 1998 and his J.D. magna cum laude from New York University School of Law in 2001, where he was a member of the Order of the Coif and served on the NYU Law Review. After law school, he clerked for Hon. Danny J. Boggs of the U.S. Court of Appeals for the Sixth Circuit.