Brian F. Moore
Sr. Counsel
Biography
Mr. Moore provides efficient and practical advice to debtors, creditors, and other parties in interest in corporate restructurings both in- and out-of-court.
Over the last twenty years, Mr. Moore has represented debtors, creditors, and parties-in-interest in all aspects of sophisticated business reorganizations and restructurings, from the preparation and filing of chapter 11 petitions, first day motions and orders through the negotiation and confirmation of chapter 11 plans of reorganization. He has negotiated DIP financing credit facilities and cash collateral stipulations, drafted and negotiated plans of reorganization and disclosure statements, litigated adversary proceedings and contested claims, and worked on mediations and appeals.
Representative Cases
- Counsel for Vice Group Holding Inc., a global, digital media company with an enterprise once valued at $5.7 Billion. Successfully obtained confirmation of a chapter 11 plan after a court approved settlement to resolve a joint venture, and a $350 million "credit bid" to a consortium of stalking horse purchasers, including Fortress Investment Group, Soros Fund Management and Monroe Capital (the “Purchasers,” which also provided financing). Under the Plan, the Plan Administrator was funded with reserve for unsecured creditor recoveries, and approximately $1.5 million to allow the Plan Administrator to pursue retained causes of action and complete the wind down and administration of the chapter 11 cases.
- Counsel for Pareteum Corporation, a global cloud communications platform company, Confirmation of Debtors' plan less than five months after the bankruptcy cases were filed following Bankruptcy Court approval of the sale of substantially all of the Debtors’ assets on a going concern basis to stalking horse purchasers. Pursuant to the sale, more than 1,000 contracts were assumed and assigned to the purchasers and the Debtors were able to maintain nearly 100% of their workforce as all employees were offered new positions with the purchasers. Formed a liquidation trust was to allow a liquidating trustee to effectively pursue certain retained causes of action on behalf of unsecured creditors and to complete the administration of the Debtors’ chapter 11 cases.
- Counsel for Rubie’s Costume Company, the world’s largest designer, manufacturer, and distributor of costumes and related accessories with manufacturing and distribution operations in fifteen countries and revenue of approximately $300 million. Obtained court approval for a $45 million debtor-in-possession financing facility after a multi-day contested hearing and numerous depositions and discovery, and negotiated the terms of a "stalking horse” Asset Purchase Agreement to sell the company as a going concern in excess of $100 million, which would pay secured creditors in full.
- Counsel for Toisa Limited, a diversified and international shipping business – negotiated and obtained court approval of numerous consensual cash collateral arrangements with the Debtors’ prepetition lenders; obtained court approval for, and assisted in the closing of, the sales of the Debtors’ fleet consisting of 20 oceangoing vessels, 26 offshore vessels, and construction contracts for six vessels, for total proceeds exceeding $550 million; resolved hundreds of millions of dollars of claims against the Debtors.
- Counsel for Dewey & Lebeouf, the largest U.S. law firm to file chapter 11 bankruptcy – negotiated and obtained court approval for law firm’s use of cash collateral with its secured lenders to wind down the affairs of the firm and implement plan of liquidation; prosecuted objections and negotiated agreements to resolve claims asserted against the estate, including $475 million in malpractice claims; coordinated the solicitation of acceptance of chapter 11 plan of liquidation.
- Counsel for Loehmann’s, legendary fashion retailer – negotiated successful chapter 11 reorganization of client through a $25 million debt to equity plan of reorganization and advised client on day-to-day business matters.
- Counsel for Lehman Brothers’ affiliate – negotiated and obtained court approval for $5 million credit facility to implement the sale of the client’s hotel and condominium assets.
- Counsel for a New York hospital – negotiated and obtained court approval for $4.5 million credit facility to facilitate client’s purchase of a dormant hospital ravaged by “Superstorm Sandy.”
- Counsel for court-appointed Retiree Committee to obtain settlement of terminated retiree benefits in excess of $80 million.
- Co-counsel for “Big 3” automobile manufacturer – responsibilities included coordination, negotiation and transition of approximately 20,000 contracts with almost 10,000 vendors and customers to “New Chrysler.”
Published Works
- Brian F. Moore and John C. Gallego, “Pavarotti Is Pavarotti” – Vice: An Exploration of Personal Services Contract Assignment, Intellectual Property & Technology Law Journal, Vol. 36, No. 10 (Nov-Dec 2024)
- "Home Alone: Considerations on Efforts to Limit Venue," Pratt’s Journal of Bankruptcy, Vol. 19, No. 5 (July-Aug. 2023)
- "Bankruptcy Rule 2004: Recalibrating the Time Table," The Bankruptcy Strategist, Vol. 31, No. 12 (2014)
- "Deemed If You Do: Third Circuit Rejects Substantive Consolidation in Owens Corning," BNA Bankruptcy Law Reporter, Vol. 17, No. 35 (2005)
- “Assigning Moral Culpability in F. Scott Fitzgerald’s The Great Gatsby,” Rutgers Law Review, Vol. 50, No. 2 (1998)
Professional Associations
- Member of the American Bar Association
- Member of the Friendly Sons of St. Patrick in the City of New York
Awards / Recognition
- New York Super Lawyers, every year since 2016
Notable Decisions
- In re Vice Grp. Holding, 652 B.R. 423 (Bankr. S.D.N.Y. 2023)
- In re Sunedison, Inc., 562 B.R. 243 (Bankr. S.D.N.Y. 2017)
- In re SunEdison, Inc., 557 B.R. 303 (Bankr. S.D.N.Y. 2016)
- Narumanchi v. Saint Vincents Catholic Med. Ctrs. of N.Y. (In re Saint Vincents Catholic Med. Ctrs. of N.Y.), 11 Civ. 9431 (ER) (S.D.N.Y. Sep. 27, 2012)
Brian F. Moore
Sr. Counsel
Contact:
Bar Admission
- New York, 1999
- New Jersey, 1998
- U.S. District Court Southern District of New York, 2001
- U.S. District Court Eastern District of New York, 2001
- U.S. District Court District of New Jersey, 1998
Education
- Rutgers, The State University of New Jersey School of Law – Newark, Newark, New Jersey
- J.D. – 1998
- Law Review: Rutgers Law Review, Volume Fifty, Editor-in-Chief
- Rutgers, The State University of New Jersey, New Brunswick, New Jersey
- B.A., With High Honors – 1993
Clerkships
- Hon. Irwin I. Kimmelman, New Jersey Appellate Division, Law Clerk, 1998 to 1999
Brian F. Moore
Sr. Counsel
Contact:
Bar Admission
- New York, 1999
- New Jersey, 1998
- U.S. District Court Southern District of New York, 2001
- U.S. District Court Eastern District of New York, 2001
- U.S. District Court District of New Jersey, 1998
Education
- Rutgers, The State University of New Jersey School of Law – Newark, Newark, New Jersey
- J.D. – 1998
- Law Review: Rutgers Law Review, Volume Fifty, Editor-in-Chief
- Rutgers, The State University of New Jersey, New Brunswick, New Jersey
- B.A., With High Honors – 1993
Clerkships
- Hon. Irwin I. Kimmelman, New Jersey Appellate Division, Law Clerk, 1998 to 1999
Brian F. Moore
Sr. Counsel
Biography
Mr. Moore provides efficient and practical advice to debtors, creditors, and other parties in interest in corporate restructurings both in- and out-of-court.
Over the last twenty years, Mr. Moore has represented debtors, creditors, and parties-in-interest in all aspects of sophisticated business reorganizations and restructurings, from the preparation and filing of chapter 11 petitions, first day motions and orders through the negotiation and confirmation of chapter 11 plans of reorganization. He has negotiated DIP financing credit facilities and cash collateral stipulations, drafted and negotiated plans of reorganization and disclosure statements, litigated adversary proceedings and contested claims, and worked on mediations and appeals.
Representative Cases
- Counsel for Vice Group Holding Inc., a global, digital media company with an enterprise once valued at $5.7 Billion. Successfully obtained confirmation of a chapter 11 plan after a court approved settlement to resolve a joint venture, and a $350 million "credit bid" to a consortium of stalking horse purchasers, including Fortress Investment Group, Soros Fund Management and Monroe Capital (the “Purchasers,” which also provided financing). Under the Plan, the Plan Administrator was funded with reserve for unsecured creditor recoveries, and approximately $1.5 million to allow the Plan Administrator to pursue retained causes of action and complete the wind down and administration of the chapter 11 cases.
- Counsel for Pareteum Corporation, a global cloud communications platform company, Confirmation of Debtors' plan less than five months after the bankruptcy cases were filed following Bankruptcy Court approval of the sale of substantially all of the Debtors’ assets on a going concern basis to stalking horse purchasers. Pursuant to the sale, more than 1,000 contracts were assumed and assigned to the purchasers and the Debtors were able to maintain nearly 100% of their workforce as all employees were offered new positions with the purchasers. Formed a liquidation trust was to allow a liquidating trustee to effectively pursue certain retained causes of action on behalf of unsecured creditors and to complete the administration of the Debtors’ chapter 11 cases.
- Counsel for Rubie’s Costume Company, the world’s largest designer, manufacturer, and distributor of costumes and related accessories with manufacturing and distribution operations in fifteen countries and revenue of approximately $300 million. Obtained court approval for a $45 million debtor-in-possession financing facility after a multi-day contested hearing and numerous depositions and discovery, and negotiated the terms of a "stalking horse” Asset Purchase Agreement to sell the company as a going concern in excess of $100 million, which would pay secured creditors in full.
- Counsel for Toisa Limited, a diversified and international shipping business – negotiated and obtained court approval of numerous consensual cash collateral arrangements with the Debtors’ prepetition lenders; obtained court approval for, and assisted in the closing of, the sales of the Debtors’ fleet consisting of 20 oceangoing vessels, 26 offshore vessels, and construction contracts for six vessels, for total proceeds exceeding $550 million; resolved hundreds of millions of dollars of claims against the Debtors.
- Counsel for Dewey & Lebeouf, the largest U.S. law firm to file chapter 11 bankruptcy – negotiated and obtained court approval for law firm’s use of cash collateral with its secured lenders to wind down the affairs of the firm and implement plan of liquidation; prosecuted objections and negotiated agreements to resolve claims asserted against the estate, including $475 million in malpractice claims; coordinated the solicitation of acceptance of chapter 11 plan of liquidation.
- Counsel for Loehmann’s, legendary fashion retailer – negotiated successful chapter 11 reorganization of client through a $25 million debt to equity plan of reorganization and advised client on day-to-day business matters.
- Counsel for Lehman Brothers’ affiliate – negotiated and obtained court approval for $5 million credit facility to implement the sale of the client’s hotel and condominium assets.
- Counsel for a New York hospital – negotiated and obtained court approval for $4.5 million credit facility to facilitate client’s purchase of a dormant hospital ravaged by “Superstorm Sandy.”
- Counsel for court-appointed Retiree Committee to obtain settlement of terminated retiree benefits in excess of $80 million.
- Co-counsel for “Big 3” automobile manufacturer – responsibilities included coordination, negotiation and transition of approximately 20,000 contracts with almost 10,000 vendors and customers to “New Chrysler.”
Published Works
- Brian F. Moore and John C. Gallego, “Pavarotti Is Pavarotti” – Vice: An Exploration of Personal Services Contract Assignment, Intellectual Property & Technology Law Journal, Vol. 36, No. 10 (Nov-Dec 2024)
- "Home Alone: Considerations on Efforts to Limit Venue," Pratt’s Journal of Bankruptcy, Vol. 19, No. 5 (July-Aug. 2023)
- "Bankruptcy Rule 2004: Recalibrating the Time Table," The Bankruptcy Strategist, Vol. 31, No. 12 (2014)
- "Deemed If You Do: Third Circuit Rejects Substantive Consolidation in Owens Corning," BNA Bankruptcy Law Reporter, Vol. 17, No. 35 (2005)
- “Assigning Moral Culpability in F. Scott Fitzgerald’s The Great Gatsby,” Rutgers Law Review, Vol. 50, No. 2 (1998)
Professional Associations
- Member of the American Bar Association
- Member of the Friendly Sons of St. Patrick in the City of New York
Awards / Recognition
- New York Super Lawyers, every year since 2016
Notable Decisions
- In re Vice Grp. Holding, 652 B.R. 423 (Bankr. S.D.N.Y. 2023)
- In re Sunedison, Inc., 562 B.R. 243 (Bankr. S.D.N.Y. 2017)
- In re SunEdison, Inc., 557 B.R. 303 (Bankr. S.D.N.Y. 2016)
- Narumanchi v. Saint Vincents Catholic Med. Ctrs. of N.Y. (In re Saint Vincents Catholic Med. Ctrs. of N.Y.), 11 Civ. 9431 (ER) (S.D.N.Y. Sep. 27, 2012)