Richard H. Howell

Richard Howell focuses his practice on corporate business restructuring and reorganization, cross-border insolvency proceedings, and bankruptcy litigation.

Most recently, Richard has played a role in the Firm's representation of debtor Diebold Nixdorf in a complex, cross-border restructuring that included filing a chapter 11 case and seeking chapter 15 recognition. In addition, Richard has been involved in representing debtors in several diocesan bankruptcies.

Richard maintains an active pro bono practice counseling veterans who have filed appeals before the U.S. Court of Appeals for Veterans Claims.

Experience

Educational nonprofit restructures debt and achieves workouts with its lender and major creditorsJones Day successfully assisted pro bono a Virginia-based 501(c)(3) educational organization in restructuring its balance sheet, negotiating and documenting new financing, facilitating settlements with major secured and unsecured creditors, navigating non-profit governance issues, addressing real estate concerns, and resolving labor and employment issues.

Singapore Liquidator for Wayne Burt Pte Ltd (in Liquidation) obtains recognition of Singapore default judgment requiring turnover of estate assetsJones Day represented Farooq Ahmad Mann, in his capacity as foreign representative (the "Foreign Representative") of Wayne Burt Pte Ltd (in Liquidation) ("Wayne Burt"), the subject of a Singapore liquidation proceeding commenced in November 2018, in what appears to be the first-ever recognition of a Singapore default judgment issued in connection with a Singapore liquidation process. Jones Day filed a chapter 15 petition on October 8, 2024, in the United States Bankruptcy Court for the District of New Jersey (the "Bankruptcy Court") and obtained recognition of the Singapore liquidation proceeding as a foreign main proceeding on November 7, 2024.

Spark Networks obtains chapter 15 recognition of first-ever cross-border restructuring under German StaRUGJones Day represented Spark Networks SE in the first-ever cross-border restructuring under the recently enacted German restructuring law ("StaRUG") and chapter 15 of the U.S. Bankruptcy Code involving over $100 million of funded debt issued by a U.S.-based credit fund and guaranteed by other German and U.S. entities.

Diebold Nixdorf obtains $1.25 billion senior secured exit credit facilityJones Day represented Diebold Nixdorf, Incorporated, a multinational financial and retail technology company that specializes in the sale, manufacture, installation, and service of self-service transaction systems (such as ATMs and currency processing systems), point-of-sale terminals, physical security products, and software and related services for global financial, retail, and commercial markets, in connection with a new $1.25 billion senior secured term loan facility as part of it’s emergence from chapter 11 bankruptcy and other domestic and foreign court-supervised restructuring proceedings.

Diebold Nixdorf successfully restructures over $2.7 billion in funded debt and completes the first-ever dual proceeding under the U.S. bankruptcy code and Dutch restructuring law in 71 daysIn the first-ever cross border restructuring involving dual main proceedings under chapter 11 of the U.S. Bankruptcy Code and a scheme of arrangement (the "Dutch Scheme") under the Dutch Act on Confirmation of Extrajudicial Plans (Wet Homologatie Onderhands Akkoord ("WHOA")), and the first-ever chapter 15 recognition of Dutch Scheme proceedings and a sanctioned WHOA reorganization plan (the "WHOA Plan"), Jones Day represented Diebold Nixdorf, Incorporated ("Diebold") and certain of its U.S. and Canadian subsidiaries (the "Debtors") in connection with (i) the prepackaged chapter 11 cases of In re Diebold Holding Company, LLC, et al., (Case No. 23-90602-DRJ) commenced on June 1, 2023, in the United States Bankruptcy Court for the Southern District of Texas (the "Bankruptcy Court"); (ii) the Dutch Scheme, commenced on June 1, 2023 by Diebold Nixdorf Dutch Holding B.V. (the "Dutch Issuer") in the District Court of Amsterdam (the "Dutch Court"), and (iii) the chapter 15 proceedings before the Bankruptcy Court commenced by the foreign representative of the Dutch Issuer, wherein the Bankruptcy Court recognized the Dutch Scheme proceeding as a foreign main proceeding and recognized and extended comity to the WHOA Plan that was sanctioned by the Dutch Court.

Diebold Nixdorf obtains $1.25 billion senior secured superpriority DIP credit facilityJones Day is representing Diebold Nixdorf, Incorporated (the “Company”), a multinational financial and retail technology company that specializes in the sale, manufacture, installation, and service of self-service transaction systems (such as ATMs and currency processing systems), point-of-sale terminals, physical security products, and software and related services for global financial, retail, and commercial markets, and certain of its domestic and foreign subsidiaries (collectively, the “Debtors”) in (i) a pre-packaged chapter 11 proceeding in front of the U.S. Bankruptcy Court for the Southern District of Texas (the “Bankruptcy Court”), (ii) a scheme of arrangement by Diebold Nixdorf Dutch Holding B.V. (the “Dutch Issuer”) and the related voluntary proceeding in front of the District Court of Amsterdam under the Dutch Act on Confirmation of Extrajudicial Plans (Wet Homologatie Onderhands Akkoord), and (iii) an anticipated proceeding commenced by the Dutch Issuer under chapter 15 in the Bankruptcy Court, seeking recognition of such scheme of arrangement.

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New Jersey Bankruptcy Court: Motion Not Necessary to Assume Unexpired Lease

Chapter 15 Recognition Is No Rubber Stamp: Recent Trends Regarding Foreign Main and Nonmain Recognition

Texas Bankruptcy Court: Debtor's Non-Economic Rights Under LLC Agreement Are Estate Property Protected by Automatic Stay

Richard H. Howell

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