L. John Bird
Throughout his career, John has dedicated his practice to representing clients in corporate restructuring and complex bankruptcy matters, specifically the Chapter 11 process. His diverse experience also extends to commercial bankruptcy, restructurings, insolvencies, liquidations, commercial litigation and preference and fraudulent conveyance litigation matters.
John’s wide range of clients – which includes debtors, creditors’ committees, trustees, unsecured creditors, financial institutions, purchasers and litigants in federal and state courts – rely on his strategic counsel to help navigate the complex issues and sensitivities surrounding bankruptcy cases. He has handled matters for clients in the automotive, technology, real estate and manufacturing industries.
Among the matters John has handled, he has served as:
- Debtor’s Delaware counsel in the iGPS bankruptcy.
- Debtors’ counsel in the Coda Automotive bankruptcy (7 debtors).
- Counsel to numerous preference defendants in cases including, but not limited to, DBSI, Buffets, NewPage, Fujitsu, WL Homes, and DHP Holdings.
- Counsel to the Litigation Trust in the CRC Parent Corporation bankruptcy.
In addition to his restructuring practice, John also handles matters before the Delaware Court of Chancery – widely considered the preeminent forum for resolving disputes involving internal affairs of Delaware corporations and other business entities – representing individuals and business organizations litigating over the provision of equitable relief.
Before Fox Rothschild
Prior to joining the firm, John handled complex bankruptcy matters as a bankruptcy associate with a Delaware-based law firm. He was also a summer associate with a regional firm in Philadelphia where he assisted in a real estate investment trust (REIT) security offering involving more than 20 properties.
While in law school, John interned with the Philadelphia Volunteer Lawyers for the Arts, assisting low-income artists with intellectual property law issues. He also served as technology editor and associate editor for the university’s Journal of Business Law.
Delaware Bankruptcy Litigation Blog
John shares his knowledge of Delaware bankruptcy proceedings in a blog entitled, "Delaware Bankruptcy Litigation." He offers his take on corporate bankruptcy proceedings not only in Delaware but throughout the United States, as well as industry insight on topics such as preference litigation, tenant bankruptcy and defending avoidance litigation.
A Preference Reference: Common Issues that Arise in Delaware Preference Litigation
Under Chapter 5 of the Bankruptcy Code, a trustee, debtor or assignee of the debtor may recover payments made by the debtor during the ninety days prior to the commencement of a bankruptcy proceeding. The policy behind allowing plaintiffs to bring preference claims is twofold: (i) to discourage creditors from aggressive attempts at collecting from a debtor and (ii) to distribute assets evenly among all creditors by recovering payments that constitute “avoidable transfers.”
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