Andrew M. Simon
Andrew Simon’s practice focuses on bankruptcy and restructuring matters and on corporate transactions, including mergers and acquisitions, debt financings and general corporate governance matters. Andrew’s experience includes providing crisis management advisory services to troubled companies, lenders and creditor groups; advising on executory contract matters and section 363 transactions; and advising creditor groups for multibillion-dollar airline and food companies. He has also advised both owners and secured lenders of troubled real estate assets and counseled clients in the financial services, healthcare and auto industries.
Much of Andrew’s practice has concentrated on advising parties to derivative securities contracts who seek to enforce their contractual rights to termination, transfer or setoff in Chapter 11 bankruptcy cases. He also has experience advising clients regarding other claim litigation matters.
Andrew has written on various bankruptcy and restructuring topics including FDIC bankruptcy claims and asset sales under section 363 of the Bankruptcy Code. He is a co-author of “Options for Selling Distressed Assets,” published in Financier Worldwide Magazine
(March 2011) and “Not Every Promise is a Capital Commitment – Litigating Section 365(o) Claims by the FDIC,” published in Pratt’s Journal of Bankruptcy Law
(January 2013). He also co-authored portions of a forthcoming treatise on bankruptcy law concerning bankruptcy claims trading and the modification of retiree benefits under section 1114 of the Bankruptcy Code.
Prior to a career in law, Andrew was a financial analyst at a boutique investment bank focused on providing advisory services to troubled companies and creditor groups. He also worked in the transaction advisory services group of one of the Big 4 accounting firms.
- Advising the owner of a portfolio of mixed-use real estate assets in evaluating and preparing options for conducting a comprehensive financial restructuring.
- Acting as counsel to the owners of a multi-state chain of fast-casual restaurants and completed a successful section 363 sale.
- Representing a national bank regarding defaulted loans to a large, regional real estate development company, which were secured by distressed residential and commercial real estate.
- Representing the Ad Hoc Committee of Chrysler Affected Dealers regarding dealer contract termination issues.
- Advising the secured lender of a troubled real estate developer by analyzing collateral portfolio and imposing new credit restrictions.
- Advising an unsecured creditors’ committee of a major US-based airline by analyzing business plans and merger proposals.
- Representing the Official Committee of Bondholders of a multibillion-dollar food producer by analyzing asset sales and assisting in the development of the debtors’ plan of reorganization.