Kyle J. Ortiz

Partner

Biography

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.

Representative Cases

  • Acorda Therapeutics: Conflicts counsel to Acorda Therapeutics, a biopharmaceutical company that has developed breakthrough products, therapies, and biotechnology to restore function and improve the lives of people with neurological disorders, in their chapter 11 cases to effectuate a $185 million sale to Merz Pharmaceuticals. Post-confirmation retained as counsel to the Litigation Trustee
  • Mercon Coffee: Conflicts Counsel to Mercon Coffee, a 150 year old green coffee supplier, in the restructuring of roughly half a billion in funded debt
  • Benitago: Counsel to the Debtors, a large e-commerce brand incubator and aggregator that sells nearly 1,000 products across dozens of brands covering a wide range of products, in their successful restructuring of nearly $100 million in debt
  • Eletson Holdings: Counsel to Petitioning Creditors in successful involuntary petitions against holding company of global holding company of fleet of tanker vessels
  • JPA: Counsel to the Debtors, owners of two Airbus A350 Widebody aircraft operated by Vietnam Airlines, in a restructuring that provide 100% returns to creditors
  • Philippine Airlines: U.S. Bankruptcy Law Expert in connection with the recognition of the Debtors’ chapter 11 proceedings by the Philippines Regional Trial Court
  • Greensill Capital: Debtors’ counsel to the U.S. Parent following the collapse of the multibillion dollar global Greensill supply chain finance and factoring enterprise
  • LATAM Airlines: Co-counsel to the debtors, Latin America’s leading airline group, in its chapter 11 bankruptcy cases filed in May 2020.
  • 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

Published Works

  • 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

Speaking Engagements

  • October 15, 2024: Global Restructuring Review Live, Restructuring in the Americas, New York, New York: U.S. Restructuring Tools Make Their Way to Europe: the UK RP and Other European Restructuring Processes
  • November 3, 2023: American Bankruptcy Institute International Insolvency & Restructuring Symposium, Lisbon, Portugal: America Now! Seasoned Professionals Discuss Recent Trends in the U.S.
  • September 20, 2023: Global Restructuring Review Live, Restructuring in the Americas, New York, New York: The Crypto Winter, Key Takeaways
  • June 9, 2023: International Insolvency Institute Conference, Amsterdam, Netherlands: Credible Plan B
  • December 1, 2022: Asset Recovery Americas Conference, New York, New York: Regulators, SIPC trustees, and Crashing Cryptocurrencies
  • November 14, 2022: American Bankruptcy Institute Cross-Border Insolvency Program, New York, New York: Cryptocurrency and Cross-Border Insolvency Law
  • October 6, 2022: Global Restructuring Review Live, Restructuring in the Americas, New York, New York: Looking Ahead, What’s on the Horizon?
  • June 10, 2022: American Bankruptcy Institute New York City Bankruptcy Conference, New York, New York: Revisiting Bad-Faith Filings: Exiting Chapter 11
  • December 10, 2021: American Bankruptcy Institute Winter Leadership Conference, Los Angeles, California: Chapter 11 and the Airline Industry
  • November 17, 2021: American Bankruptcy Institute International Insolvency & Restructuring Symposium, Virtual: Comparative Analysis of Centralized v. Decentralized Cross-Border Proceedings
  • June 10, 2021: INSOL International Virtual 2021, Virtual: Export Ban on the US Bankruptcy Code
  • November 7, 2019: American Bankruptcy Institute Cross-Border Insolvency Program, New York, New York: IP Licenses Across Borders
  • November 7, 2018: American Bankruptcy Institute Cross-Border Insolvency Program, New York, New York: Retail Without Borders

Awards / Recognition

  • New York Super Lawyer, every year since 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
Rated By | Super Lawyers | Rising Stars | Kyle J. Ortiz | SuperLawyers.com
Photo of Kyle J. Ortiz

Kyle J. Ortiz

Partner

Contact:

Bar Admission

  • New York
  • U.S. District Court Southern District of New York

Education

  • University of Chicago Law School, Chicago, Illinois
    • J.D. - 2009
    • Honors: Edmund Spencer Scholar
  • Northern Michigan University
    • B.S. - 2004
    • Honors: Outstanding Graduating Male
    • Honors: Student Body President
    • Honors: Student Commencement Speaker
  • Harris School of Public Policy, University of Chicago
    • M.P.P. - 2006

Past Positions

  • Weil, Gotshal & Manges LLP
Photo of Kyle J. Ortiz

Kyle J. Ortiz

Partner

Contact:

Bar Admission

  • New York
  • U.S. District Court Southern District of New York

Education

  • University of Chicago Law School, Chicago, Illinois
    • J.D. - 2009
    • Honors: Edmund Spencer Scholar
  • Northern Michigan University
    • B.S. - 2004
    • Honors: Outstanding Graduating Male
    • Honors: Student Body President
    • Honors: Student Commencement Speaker
  • Harris School of Public Policy, University of Chicago
    • M.P.P. - 2006

Past Positions

  • Weil, Gotshal & Manges LLP

Kyle J. Ortiz

Partner

Biography

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.

Representative Cases

  • Acorda Therapeutics: Conflicts counsel to Acorda Therapeutics, a biopharmaceutical company that has developed breakthrough products, therapies, and biotechnology to restore function and improve the lives of people with neurological disorders, in their chapter 11 cases to effectuate a $185 million sale to Merz Pharmaceuticals. Post-confirmation retained as counsel to the Litigation Trustee
  • Mercon Coffee: Conflicts Counsel to Mercon Coffee, a 150 year old green coffee supplier, in the restructuring of roughly half a billion in funded debt
  • Benitago: Counsel to the Debtors, a large e-commerce brand incubator and aggregator that sells nearly 1,000 products across dozens of brands covering a wide range of products, in their successful restructuring of nearly $100 million in debt
  • Eletson Holdings: Counsel to Petitioning Creditors in successful involuntary petitions against holding company of global holding company of fleet of tanker vessels
  • JPA: Counsel to the Debtors, owners of two Airbus A350 Widebody aircraft operated by Vietnam Airlines, in a restructuring that provide 100% returns to creditors
  • Philippine Airlines: U.S. Bankruptcy Law Expert in connection with the recognition of the Debtors’ chapter 11 proceedings by the Philippines Regional Trial Court
  • Greensill Capital: Debtors’ counsel to the U.S. Parent following the collapse of the multibillion dollar global Greensill supply chain finance and factoring enterprise
  • LATAM Airlines: Co-counsel to the debtors, Latin America’s leading airline group, in its chapter 11 bankruptcy cases filed in May 2020.
  • 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

Published Works

  • 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

Speaking Engagements

  • October 15, 2024: Global Restructuring Review Live, Restructuring in the Americas, New York, New York: U.S. Restructuring Tools Make Their Way to Europe: the UK RP and Other European Restructuring Processes
  • November 3, 2023: American Bankruptcy Institute International Insolvency & Restructuring Symposium, Lisbon, Portugal: America Now! Seasoned Professionals Discuss Recent Trends in the U.S.
  • September 20, 2023: Global Restructuring Review Live, Restructuring in the Americas, New York, New York: The Crypto Winter, Key Takeaways
  • June 9, 2023: International Insolvency Institute Conference, Amsterdam, Netherlands: Credible Plan B
  • December 1, 2022: Asset Recovery Americas Conference, New York, New York: Regulators, SIPC trustees, and Crashing Cryptocurrencies
  • November 14, 2022: American Bankruptcy Institute Cross-Border Insolvency Program, New York, New York: Cryptocurrency and Cross-Border Insolvency Law
  • October 6, 2022: Global Restructuring Review Live, Restructuring in the Americas, New York, New York: Looking Ahead, What’s on the Horizon?
  • June 10, 2022: American Bankruptcy Institute New York City Bankruptcy Conference, New York, New York: Revisiting Bad-Faith Filings: Exiting Chapter 11
  • December 10, 2021: American Bankruptcy Institute Winter Leadership Conference, Los Angeles, California: Chapter 11 and the Airline Industry
  • November 17, 2021: American Bankruptcy Institute International Insolvency & Restructuring Symposium, Virtual: Comparative Analysis of Centralized v. Decentralized Cross-Border Proceedings
  • June 10, 2021: INSOL International Virtual 2021, Virtual: Export Ban on the US Bankruptcy Code
  • November 7, 2019: American Bankruptcy Institute Cross-Border Insolvency Program, New York, New York: IP Licenses Across Borders
  • November 7, 2018: American Bankruptcy Institute Cross-Border Insolvency Program, New York, New York: Retail Without Borders

Awards / Recognition

  • New York Super Lawyer, every year since 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
Rated By | Super Lawyers | Rising Stars | Kyle J. Ortiz | SuperLawyers.com