Jeffrey B.Ellman (Jeff)

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Atlanta + 1.404.581.8309

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Jeff Ellman has 30 years of experience representing parties in large corporate and municipal restructurings, with a focus on debtor representations in bankruptcy. He served as debtors' counsel in the historic bankruptcy and sale of Chrysler at the peak of the financial crisis and represented the City of Detroit in the largest chapter 9 case in history. Jeff serves as the Business Restructuring & Reorganization practice leader in Atlanta and also has extensive experience representing asset purchasers, significant creditors, secured lenders, and equity sponsors in distressed situations. In addition, he has counseled numerous clients on environmental issues in bankruptcy and boards on fiduciary duty issues.

Jeff currently represents Bestwall and DBMP in their innovative asbestos mass tort bankruptcies. Previously, he represented Alpha Natural Resources, one the country's largest coal companies in its chapter 11 case, involving successful asset sales, resolutions of complex environmental obligations, and restructuring more than $7 billion in debt. His representations of distressed asset purchasers include International Steel Group, which purchased steel assets out of various chapter 11 cases. Jeff also has represented some of the country's largest banks as secured lenders and served as national counsel on lease issues for a major shopping center investor.

Jeff is a member of the American Bankruptcy Institute and serves on the boards of the Southeastern Bankruptcy Law Institute and the Emory Bankruptcy Developments Journal. He has served on nonprofit boards addressing arts, education, and greenspace issues and currently is on the boards of Park Pride and GALEO (Georgia Association of Latino Elected Officials). He is a 2014 graduate of Leadership Atlanta.

Experiencia

  • Bestwall successfully defends preliminary injunction staying litigation against affiliated third parties during Chapter 11 bankruptcy caseJones Day represents Bestwall LLC, a Georgia-Pacific affiliate, in its Chapter 11 bankruptcy case in the Western District of North Carolina seeking to resolve significant asbestos liabilities by creating a trust under 11 U.S.C. § 524(g) to compensate current and future claimants.
  • Bestwall wins Fourth Circuit decision upholding sanctions against claimants and counsel for violating discovery orderJones Day represented Bestwall LLC, a Georgia-Pacific affiliate, in defeating an appeal by asbestos tort claimants and their counsel of orders holding them in contempt and sanctioning them in Bestwall's ongoing Chapter 11 bankruptcy case in the Western District of North Carolina.
  • Bestwall obtains reversal of collateral attack on bankruptcy court subpoenasJones Day represented Bestwall, LLC, a Georgia-Pacific affiliate, in successfully opposing a collateral attack by asbestos tort claimants and trusts on subpoenas issued in Bestwall’s ongoing Chapter 11 bankruptcy case in the Western District of North Carolina.
  • Georgia-Pacific completes offering of $2.5 billion Senior NotesJones Day represented Georgia-Pacific LLC, a subsidiary of Koch Industries, Inc., in connection with its Rule 144A and Regulation S offering of $900 million aggregate principal amount of 1.750% Senior Notes due 2025, $600 million aggregate principal amount of 2.100% Senior Notes due 2027, and $1.0 billion aggregate principal amount of 2.300% Senior Notes due 2030.
  • Exide Technologies completes $1.1 billion comprehensive new financing and recapitalizationJones Day represented Exide Technologies, a global leader in stored energy solutions for the automotive and industrial markets, in connection with a comprehensive new financing and recapitalization transaction.
  • Alpha Natural Resources plan confirmed by U.S. Bankruptcy CourtOn July 12, 2016, the United States Bankruptcy Court for the Eastern District of Virginia entered an order confirming the Second Amended Joint Plan of Reorganization of Alpha Natural Resources, Inc. and 148 of its debtor affiliates, less than one year after Alpha, one of the largest coal companies in the United States, entered chapter 11 with liabilities of approximately $7.1 billion amidst the most challenging economic environment for coal producers in decades.
  • Alpha Natural Resources plan goes effective; Sale of certain assets to Contura Energy Inc. closesJones Day represented Alpha Natural Resources Inc., which emerged from bankruptcy on July 26, 2016, less than one year after the commencement of its chapter 11 cases.
  • Alpha Natural Resources sells Pennsylvania Land ResourcesJones Day assisted Alpha Natural Resources in the $339.5 million sale of certain oil and natural gas assets in Southwest Pennsylvania to Vantage Energy Appalachia II, LLC in connection with Alpha's chapter 11 cases.
  • Alpha Natural Resources closes $692 million DIP financing packageJones Day represented Alpha Natural Resources Inc. ("ANR"), a large diversified coal supplier, and substantially all of its subsidiaries in connection with their $692 million debtor-in-possession superpriority secured financing arrangement.
  • Alpha Natural Resources files for bankruptcy with $10.1 billion in assets and over $7 billion in liabilitiesJones Day represented Alpha Natural Resources, the second-biggest coal company in the U.S. in its chapter 11 bankruptcy case which was filed in Richmond, Virginia with assets of $10.1 billion and liabilities of $7.1 billion.
  • AFA Foods retains Jones Day in chapter 11 casesJones Day represents AFA Foods, Inc. and eight affiliated entities ("AFA") in their chapter 11 cases, which were filed in the United States Bankruptcy Court for the District of Delaware.
  • City of Detroit's chapter 9 plan of adjustment confirmedJones Day served as lead restructuring counsel to the City of Detroit in connection with its chapter 9 bankruptcy case filed in July 2013 and its ongoing restructuring efforts.
  • Old Carco Liquidation Trust successfully resolves environmental challengeOn behalf of Old Carco Liquidation Trust, successor in interest to Chrysler LLC, Jones Day successfully resolved litigation by and against Old Carco as a result of the City of Kenosha, Wisconsin’s efforts to block the Trust’s disposition of a former Chrysler Engine Plant.
  • AFA Foods sells its Forth Worth facility to CargillJones Day represented AFA Foods in a section 363 sale of its Forth Worth, Texas beef facility.
  • AFA Foods sells King of Prussia beef processing plantJones Day assisted AFA Foods, one of the largest ground beef processing enterprises in the United States, with the sale of its King of Prussia, Pennsylvania ground beef processing facility to CTI Foods Holding Co.
  • AFA Foods sells its Georgia plant to FPL FoodJones Day advised AFA Foods in the sale of its Thomasville, Georgia ground beef processing plant to FPL Food LLC for $7.3 million and assumed liabilities.
  • AFA Foods sells beef processing plant to Tri West InvestmentsJones Day advised AFA Foods in the $4.4 million sale of its Los Angeles, California ground beef processing plant to Tri West Investments LLC in a section 363 sale.
  • Chrysler sold to Fiat-led "New Chrysler" after historic court proceedingsAfter a historic battle all the way to the United States Supreme Court, Chrysler LLC sold substantially all of its assets to Fiat-led "New Chrysler" (Chrysler Group LLC) on June 10, 2009, providing the opportunity for its iconic brands and U.S. operations to survive.
  • Georgia Gulf completes successful debt-for-equity exchangeJones Day represented Georgia Gulf Corporation in its successful exchange of 92% of the aggregate outstanding principal amount of $736 million owing in respect of three series Senior Notes.
  • KeyBank brings federal court action regarding $170 million construction loanJones Day represented KeyBank National Association in foreclosure and related litigation arising from the borrower's default on a $170 million construction loan to build the Perkins Rowe development in Baton Rouge, Louisiana.
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    April 2020 Commentary

    "Temporary" Suspension of Bankruptcy Cases in the COVID-19 Crisis

    January 2019 Commentary

    Fifth Circuit Suggests Claims for Make-Whole Amounts Should Be Disallowed

    July/August 2017 Newsletters

    Two Recent Decisions Demonstrate Continued Disagreement Over Whether Economic Value or Face Amount of Liens Is Appropriate Metric in Authorizing Free and Clear Bankruptcy Sale

    September 2013 Alert

    Expansion by the Acquisition of Financially Distressed Health Care Facilities and Companies: Opportunities and Challenges

    November/December 2012 Jones Day Publications

    Stockton, California, Ruling: Bankruptcy Court Powerless to Prevent Retiree Benefit Reductions by Municipal Debtor

    March/April 2012 Jones Day Publications

    Chapter 9 Descends Into the Sewer to Clean Up

    November/December 2011 Jones Day Publications

    Is Chapter 9 the Next Chapter in the Municipal Saga?

    August 2011 External Publications

    Pensions and Chapter 9: Can Municipalities Use Bankruptcy to Solve Their Pension Woes?, Emory Bankruptcy Developments Journal, 27 Emory Bankr. Dev. J. 365 (2011)

    September/October 2010 Jones Day Publications

    Municipal Bankruptcies: A Horse of a Different Color

    Publicaciones adicionales

    • January 18, 2013
      Putting the Stockton Bankruptcy in Perspective, Bankruptcy Law360, California Law360
    • May 2012
      Bankruptcy Code Preemption of State Law, 21 Norton Journal of Bankruptcy Law & Practice 3, Art. 2
    • September/October 2009
      Tactical Options for Addressing Personal Injury Tort and Wrongful Death Claims in Bankruptcy Court, Pratt's Journal of Bankruptcy Law
    • Fall 2000
      As Directors Approach the ‘Zone of Insolvency,’ Directors & Boards
    • October 22, 1999
      Unique Issues Arising in the Bankruptcy Process of Healthcare Debtors, Houlihan Lokey/Jones Day Healthcare Bankruptcy Seminar
    • September/October 1999
      Understanding Reclamation Claims in Bankruptcy: Hidden Complexity in a Simple Statute, Journal of Bankruptcy Law and Practice
    • April 27, 1999
      Issues Confronting Lenders to Healthcare Debtors, Robert Morris Associates' Third Annual Health Care Conference, Nashville, Tennessee
    • November 7, 1994
      Looking in From the Outside — A Bankruptcy Lawyer's Perspective on Securities Laws Issues in the Prepackaged Plan of Reorganization Process, 1994 Ohio Securities Conference
    • September 28-30, 1994
      Prepackaged Plan of Reorganization — An Overview and Comparison to Other Restructuring Alternatives, Midwest Regional Bankruptcy Seminar
    • August 16, 1994
      Section 366 of the Bankruptcy Code — The Debtor's Perspective, Third Annual Gas and Electric Utility Bankruptcy Program, Richmond, Virginia

    • March 21, 2017
      ABI Bankruptcy Battleground West, "Pension, Retirement Issues in Bankruptcy".
    • December 1, 2015
      Surviving Bankruptcy: A Review of the Legal Challenges That Detroit Faced, Jones Day Cleveland CLE
    • November 20, 2015
      Doing Distressed Deals Without Getting Sued, Atlanta Turnaround Management Association, Distressed Investing Panel Breakfast
    • April 23, 2015
      The Decline and Rebirth of Detroit
    • February 26, 2014
      Ethical Behavior in the Trenches: When Rules of Conduct and Rules of Engagement Collide, Jones Day Atlanta CLE
    • October 31, 2013
      Pension Plans and Retiree Benefits in Municipal Bankruptcies, ABA Chapter 9 Subcommittee of the Business Bankruptcy Committee at the National Conference of Bankruptcy Judges, panel member
    • February 29, 2012
      Buying Assets in Bankruptcy, Jones Day Atlanta CLE
    • February 29, 2012
      How Many Hats Can One Lawyer Wear?, Jones Day Atlanta CLE
    • October 28, 2009
      Assets Sales and Rejections: New Paradigm for Chapter 11 Cases, National Association of Attorneys' General Bankruptcy Seminar
    • May 8, 2007
      Twenty Day Claims, Beard Audio Conference
    • September 28, 2005
      The Business Provisions of the 2005 Bankruptcy Code Amendments, Jones Day CLE Program
    • February 5, 2005
      Bankruptcy and Restructuring and Their Impact on the American Labor Force: Pensions, Retiree Benefits and Collective Bargaining Agreements Under the Glare of Insolvency, DSI 2005 Mid-Winter Aloha Weekend
    • September 1, 2004
      Licensing Intellectual Property To and From Financially-Troubled Companies, presented with Michelle M. Harner, Chicago
    • November 12, 1997
      Collateral Valuation and Other Current Issues in Chapter 11 Bankruptcies, Jones Day CLE Program

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