Russell C Silberglied

Ranked in 1 Practice Areas

Band 2

Bankruptcy/Restructuring

Delaware

15 Years Ranked

About

Provided by Russell C Silberglied

USA

Practice Areas

Bankruptcy & Corporate Restructuring

Career

Russell Silberglied is “a brilliant litigator” who is “very conscientious, hard-working, detail-oriented and really smart” (Chambers USA). Russ’s bankruptcy practice includes both core chapter 11 work and litigation. His litigation practice includes breach of fiduciary duty suits, equitable subordination and recharacterization litigation, valuation fights, and contested plan confirmation and DIP financing hearings.

In core bankruptcy matters, Russ represents debtors and creditors in chapter 11 and chapter 15 cases, and also advises troubled companies on non-bankruptcy solutions. His peers consider him “one of these guys who knows everything—an encyclopedia for case law” (Chambers USA).

In addition, Russ regularly advises boards of directors of troubled companies concerning their fiduciary duties and corporate governance issues. He frequently lectures and publishes articles on these topics.

Professional Memberships

Jewish Federation of Delaware, Chair of the Board of Directors

Jewish National Fund/Delaware Chapter, Board of Directors and Lawyers for Israel Co-Chair

Lex Mundi, Bankruptcy, Insolvency and Restructuring Group, Former Chair

Publications

"Protecting Mediation Communications in Bankruptcy Cases," Norton Journal of Bankruptcy Law and Practice, August 2022

"Determining Whether or Not to Seek Court Approval of a Sale in a Delaware Assignment for the Benefit of Creditors Case," DailyDAC, August 4, 2021

"Can a Lower Bid for a Debtor’s Assets Be Approved as 'Better' Because It Saves More Jobs than the Higher Bid?," The Business Lawyer, Summer 2021

“Court of Chancery Permits $4.3 Billion Interim Distribution in Altaba Dissolution,” Delaware Business Court Insider, November 4, 2020

“Asset Purchase Agreements in Section 363 Sales Should Address Who Controls the Attorney-Client Privilege and Whether the Privilege is Waived Post-Sale,” Norton Journal of Bankruptcy Law and Practice, June 2020

“Questions Remain About When to Appeal an Order, Citing Debtor’s Need for a Breathing Spell,” American Bankruptcy Institute Journal, April 2020

“Claims Trading of Notes of a Debtor Might Become More Difficult After Woodbridge,” DailyDAC, November 1, 2019

“Happy Jack’s Opinion Adds to Split of Authority Over Who Holds Priority Between a DIP Lender’s Superpriority Claim and Administrative Expenses Incurred in a Subsequently Converted Chapter 7 Case,” Norton Journal of Bankruptcy Law and Practice, August 2019

"Creditors’ Committee Cannot Obtain Derivative Standing to Sue Fiduciaries of an LLC,” American Bankruptcy Institute Journal, April 2018

“Was ATP Oil Correctly Decided? Fifth Circuit Affirms Dismissal of Challenges to Dividends Declared on Eve of Bankruptcy,” American Bankruptcy Institute Journal, February 2018

“AE Liquidation: WARN Act Comfort for Debtors Attempting a 363 Sale, or Just the ‘Vladimir Putin Exception’?,” The Bankruptcy Strategist, October 2017

“When Are Goods “Received by the Debtor” for a Section 503(b)(9) Claim?,” DailyDAC, August 7, 2017

“Can an Executive Exert Control of Corporate Attorney-Client Privilege?,” DailyDAC, April 17, 2017

“Delaware’s Long-Form Dissolution Statute: An Underutilized Alternative,” MorrisAnderson, September 1, 2015

“Litigating Fiduciary Duty Claims in Bankruptcy Court and Beyond: Theory and Practical Considerations in an Evolving Environment,” Journal of Business & Technology Law, March 27, 2015

“Second Circuit and Delaware Bankruptcy Court Take Different Views of Whether a Foreign Debtor Must Have Assets in the United States to Be Eligible for Recognition under Chapter 15,” Commercial Insolvency Reporter, April 2014

“Is a Foreign Debtor with No Assets in the U.S. Eligible for Chapter 15 Relief?,” The Bankruptcy Strategist, February 2014

“In What State Is the Harm Felt When a Derivative Suit Is Pursued By Creditors?,” The Bankruptcy Strategist, December 2013

Work Highlights

Represented WMC Mortgage, LLC, one of the largest subprime lenders, as debtor’s counsel. As part of this representation, also represented the special committee of WMC’s board of directors in investigating and settling possible claims against its parent.

Represented Phoenix Payment Systems, Inc., a/k/a EPX, as debtors’ counsel in the $50 million sale of substantially all of its assets to EPX Acquisition Company, LLC, an affiliate of North American Bancard, LLC. The purchase price exceeded all expectations at the commencement of the marketing process and the transaction was named the 2014 M&A Advisor “Distressed M&A Deal of the Year ($25mm to $100mm).”

Represented F-Squared Investment Management as debtor’s counsel in a Section 363 sale.

Represented Homer City Generation in its prepackaged chapter 11 case.

Represented Velocitel, Inc. in complex, multi-party litigation in the Open Range Communications bankruptcy case resulting in a favorable settlement with the United States (among others).

Represented Tennenbaum Capital Partners in its successful defense at trial of claims brought by a creditors committee for breach of fiduciary duty, recharacterization and equitable subordination in the Radnor Holdings bankruptcy case.

Expert in these Jurisdictions

United States Court of Appeals, Third Circuit, 2002

United States District Court, District of Delaware, 1996

Delaware, 1996

Pennsylvania, 1996

Education

University of Pennsylvania Law School

J.D.

1995

Cornell University

B.S., with honors

1992

Awards

Chambers USA

The Best Lawyers in America, including Wilmington, DE Bankruptcy Litigation Lawyer of the Year

Super Lawyers

Who’s Who Legal

Delaware Today Top Lawyer

“Outstanding Young Restructuring Lawyer – 2005,” Turnaround and Workouts

Filter by

Delaware

Bankruptcy/Restructuring

Mark D Collins

Star Individuals

Russell C Silberglied

USA Guide 2023

Band 2 : Bankruptcy/Restructuring

About

Practice Areas

Career

Professional Memberships

Publications

Work Highlights

Expert in these Jurisdictions

Education

Awards

Discover other Lawyers at Richards, Layton & Finger PA

Delaware

Discover other Lawyers at
Richards, Layton & Finger PA