Mr. Ortiz provides efficient and practical advice to debtors, creditors, and other parties in interest in corporate restructurings, both in- and out-of-court.
Mr. Ortiz has represented debtors in some of the largest and most complex chapter 11 cases of the past decade, including: Pacific Drilling, Westinghouse, Toisa, SunEdison, Aeropostale, American Airlines, and Lehman Brothers Holdings, Inc. Mr. Ortiz has also represented creditors and lenders in the financial services and real estate sectors. Mr. Ortiz's pro bono work has been recognized by both the Legal Aid Society and the New York State Bar Association.
Mr. Ortiz is a frequent lecturer and author on a range of bankruptcy topics. In 2018 Mr. Ortiz was named by the American Bankruptcy Institute as one of its 40 Under 40 Rising Stars in the restructuring community and by Finance Monthly as Restructuring Lawyer of the Year. In 2019, Mr. Ortiz received an Emerging Leaders Award from The M&A Advisor, which recognizes and celebrates the achievements of outstanding young M&A, financing, and turnaround professionals who have reached a significant level of success while still under 40.
Prior to beginning his legal career, Mr. Ortiz founded Operation ASHA in Cambodia, an arm of the worldwide tuberculosis treatment organization, Operation ASHA. Operation ASHA in Cambodia has grown to over 50 tuberculosis treatment centers serving over a million people in 1283 villages in and around Cambodia's capital, Phnom Penh. Mr. Ortiz currently sits on the U.S. Board of Directors for Operation ASHA Worldwide.
- LATAM Airlines: Co-counsel to the debtors, Latin America’s leading airline group, in its chapter 11 bankruptcy cases filed in May 2020.
- The McClatchy Company: Co-counsel to the debtors, a 163-year-old family-controlled public company that provides independent local journalism to 30 communities in 14 states through its local newspapers, including well-respected publications such as the Miami Herald, The Kansas City Star, The Sacramento Bee, The Charlotte Observer, The (Raleigh) News & Observer, and the (Fort Worth) Star-Telegram, as well as national news coverage through its Washington, D.C. bureau, in restructuring approximately $1.6 billion in debt.
- Trident Holding Company, LLC: Co-counsel to the debtors, the leading national provider of bedside diagnostic and related services in the United States operating in 35 states, in the restructuring of approximately $700 million in liabilities.
- Synergy Pharmaceutical: Co-counsel to the debtors, biopharmaceutical companies focused on the development and commercialization of novel gastrointestinal therapies. The debtors consummated a chapter 11 restructuring through a section 363 sale of a majority of their assets to Bausch Health within four months.
- Pacific Drilling: Counsel to the debtors, which specialize in ultra-deep water drilling for a myriad of the largest oil and gas companies in the world, in the restructuring of more than $3 billion in liabilities.
- Westinghouse: Counsel to Toshiba Nuclear Energy Holdings (UK) Limited, one of the debtors and the parent company of the international arm of Westinghouse’s global nuclear power business, in connection with the restructuring of over $9 billion in debt between Toshiba Nuclear Energy Holdings (UK) Limited and the 31 other Westinghouse debtors.
- Toisa Limited: Counsel to the debtors, 24 international shipping companies involving 46 vessels and the restructuring of more than $1 billion in liabilities.
- Aeropostle, Inc.: Counsel to the debtors, a teen clothing retail chain of more than 800 stores involving the restructuring of approximately $260 million in liabilities. Co-counsel to Plan Administrator post confirmation.
- SunEdison, Inc.: Co-counsel to the debtors, one of the world's leading developers of renewable-energy solutions, involving the restructuring of more than $16 billion in liabilities.
- Relativity Fashion, LLC: Counsel to the Official Committee of Unsecured Creditors of 143 debtors engaged in motion picture and television production and distribution, resulting in the restructuring of liabilities exceeding $750 million.
- Corporate Resource Services, Inc.: Counsel to chapter 11 trustee in cases involving $100 million tax fraud by professional employer organization.
- MolyCorp: Counsel to the Official Committee of Unsecured Creditors in the restructuring of 1.7 billion in debt of rare earths mining company.
- Endeavour Operating: Texas-based exploration and production company, focused in the Gulf of Mexico and the North Sea, in its sale of its North Sea assets to its existing lenders in connection with a structured dismissal of its chapter 11 cases.
- American Airlines: Counsel to the debtors in chapter 11 restructuring of $24 billion in debt and the $32 billion merger with U.S. Airways to create the largest airline in the world.
- Lehman Brothers: Counsel to the debtors in the largest chapter 11 case ever filed, with over $600 billion in liabilities.
*Denotes experience while at a prior firm
- Co-Author with Frank A. Oswald and Katherine A. Crispi: "M&As in Bankruptcy and Reorganization: The Implications on M&A, Mergers & Acquisitions: A Practitioner’s Guide to Successful Deals at 471-93" , Harvey A. Poniachek ed., 2019
- Co-Author with Sarah Denis and Raphael X. Zahralddin-Aravena "NBC Proposes Revisions to Chapter 15 of the Bankruptcy Code", XXXVII ABI Journal 10, 8, 79, October, 2018
- "Moving The Needle For Prepetition Waiver Permissibility", Law360, January, 2015
- "ABI Commission Opts to Assume the Current State of the Law on Executory Contracts and Leases", Weil Bankruptcy Blog, April, 2015
- "Second Circuit Holds Secured Creditor to Errant Termination Statement Filing", Weil Bankruptcy Blog, February, 2015
- "ABI Chapter 11 Reform Commission Series: Venue and Core and Noncore Matters", Weil Bankruptcy Blog, January, 2015
- "Postpetition Ratification of Prepetition Stay Waivers – A Possible End Around of the General Prohibition Against Prepetition Waivers of Bankruptcy Rights?", Weil Bankruptcy Blog, January, 2015
- "You Can’t Get Around the Automatic Stay by Filing an Action Against the Debtor in Another Bankruptcy Case Before the Same Bankruptcy Court. Or Can You?", Weil Bankruptcy Blog, October, 2014
- Co-Author with Doron P. Kenter "Back to School: Circuit Courts Provide “Cheat-Sheet” on Stern Consent Issues in Advance of the Supreme Court’s Consideration of Wellness Int’l Network v. Sharif", Weil Bankruptcy Blog, September, 2014
Awards / Recognition
- New York Super Lawyer, 2017
- The M&A Advisor, Emerging Leader Award, 2019
- The Global M&A Network, Top 50 Rising Deal Maker, 2019
- American Bankruptcy Institute, 40 Under 40, 2018
- Finance Monthly, Restructuring Lawyer of the Year – USA, 2018
Kyle J. Ortiz
- New York
- U.S. District Court Southern District of New York
- University of Chicago Law School, Chicago, Illinois
- J.D. - 2009
- Honors: Edmund Spencer Scholar
- Harris School of Public Policy, University of Chicago
- M.P.P. - 2006
- Northern Michigan University
- B.S. - 2004
- Honors: Outstanding Graduating Male
- Honors: Student Body President
- Honors: Student Commencement Speaker
- Weil, Gotshal & Manges LLP