
30 Rockefeller Plaza New York, NY 10112 United States of America
+1 (212) 408-5361
hseife@chadbourne.com
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Howard
Seife
Partner
Practice Description
Howard Seife, global chair of the Firm’s bankruptcy and financial restructuring practice, has represented clients in reorganizations, both domestically and internationally, of retail, technology, energy, insurance, real estate, leasing, textiles, manufacturing, telecommunications and media companies. He has dealt with virtually every bankruptcy and restructuring situation and is a leader in the use of cross-border ancillary proceedings.
Representative Matters
- Representing the receiver appointed in the Russian bankruptcy proceedings of Yukos Oil Company in the first major test of Chapter 15 of the Bankruptcy Code.
- Representing the ad hoc committee of swap counterparties in the restructuring of the monoline insurance company, ACA Financial Guaranty.
- Represented a number of the largest creditor banks and insurance companies in Enron Corporation’s Chapter 11 and some of the largest creditors and account holders in the Lehman Brothers and Refco Chapter 11s.
- Counseled the Chapter 11 creditors’ committee in Spiegel, Inc./Eddie Bauer Inc.; Parmalat USA Corp.; Metromedia Fiber Network; New York Daily News (Maxwell Newspapers, Inc.); New York Post; and Pocket Communications.
- Advised multiple companies in cross-border insolvency issues, including the European bank group in the Lernout & Hauspie/Dictaphone cases.
- Served as debtor’s counsel in the successful reorganization of ATC Group Services.
- Represented Sabena Airlines in its ancillary bankruptcy proceeding.
- Represents Ernst & Young as the Australian and Bermudian liquidators in the insurance insolvency of New Cap Reinsurance Corporation Ltd.
- Represents PricewaterhouseCoopers as provisional liquidators for Independent Insurance Company, Folksam International Insurance Company Ltd., and Black Sea & Baltic General Insurance Company Ltd.
- Represents KPMG as provisional liquidator for Manhattan Investment Fund and Belvedere Insurance.
- Represented the reinsurer Hopewell International in its ground breaking ancillary bankruptcy where, after an eight-day trial, a U.S. court for the first time recognized and enforced the terms of a scheme of arrangement for a solvent company.
Honors
Mr. Seife’s role as a leader in the innovative use of ancillary bankruptcy proceedings was recently recognized by The Deal’s Bankruptcy Insider, describing him as “the top-ranked U.S. lawyer to foreign debtors.” He was cited in Chambers USA - America's Leading Lawyers for Business (2008) for his work in bankruptcy/restructuring and in New York Super Lawyers (2008) in the areas of bankruptcy and creditor/debtor rights. Mr. Seife was also cited in The Legal 500 for corporate restructuring.
Activities and Affiliations
Mr. Seife is frequently invited to comment on bankruptcy issues on national media networks such as CNN, CNBC, Bloomberg, and PBS and on National Public Radio and is often quoted in The New York Times and The Wall Street Journal.
- Member: International Insolvency Institute – an invitation-only organization of leading insolvency professionals, judges and academics
- Member of the Board of Directors of INSOL International (2007 - )
- Co-Chair, Group of Thirty-Six Committee, INSOL International, 2007
- Chair, American Bankruptcy Institute (ABI), International Insolvency Symposium, panel on new Chapter 15 of the Bankruptcy Code, London, 2006
- Program Chair, INSOL Annual Americas Conference, Scottsdale, 2006
- Chair, INSOL International’s Asian Conference, panel on cross-border insolvency, Beijing, October 2002
- Chair, INSOL International, Technical Research Committee, 2003-2005
- Mediator for the Bankruptcy Court, Southern District of New York, 1996-present
- Arbitrator for the United States District Court, Eastern District of New York, 1985-present
Publications
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"U.S. Courts Should Continue to Grant Recognition to Schemes of Arrangement of Solvent Insurance Companies," Norton Journal of Bankruptcy Law and Practice, August 2008
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"Trustee’s Fraud Claims May Be Barred by 'In Pari Delicto' Doctrine," Banking Law Journal, November/December 2006
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"Creditors' Committees Sharing Information: How Much is Enough?," Banking Law Journal, April 2006
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"The ‘Deepening Insolvency’ Debate," Banking Law Journal, July 2005
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"New Chapter 15 to Replace Section 304," Pratt's Guide to The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, June 2005
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"U.S. Courts Should Continue to Grant Recognition to Schemes of Arrangement of Solvent Insurance Companies," Norton Journal of Bankruptcy Law and Practice, August 2008
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"Trustee’s Fraud Claims May Be Barred by 'In Pari Delicto' Doctrine," Banking Law Journal, November/December 2006
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"Creditors' Committees Sharing Information: How Much is Enough?," Banking Law Journal, April 2006
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"The ‘Deepening Insolvency’ Debate," Banking Law Journal, July 2005
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"New Chapter 15 to Replace Section 304," Pratt's Guide to The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, June 2005
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"U.S. Bankruptcy Code Amendments Affect Ancillary Proceedings: Chapter 15 to Replace Section 304," Client Alert, May 9, 2005
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"Employee Entitlements in the United States," INSOL International, March 2005
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"Solvent Debtors May be Unable to Enter Bankruptcy in Absence of ‘Financial Distress," Banking Law Journal, January 2005
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"Silent Second Liens," Banking Law Journal, October 2004
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"As Latin American Cross-Border Insolvencies Increase, So Do the Questions of Law," The Americas Restructuring and Insolvency Guide, July 2004
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"Valuing a Chapter 11 Debtor for Plan Confirmation," Banking Law Journal, June 2004
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"A Foreign Debtor in a U.S. Bankruptcy Court: Will the Case Be Dismissed?," Banking Law Journal, April 2004
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"Courts Divided on Debtors' Payments to 'Critical Vendors' on Entering Chapter 11," The Banking Law Journal, July 2003
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"Discovery in the United States: What Devices are Available to Assist Foreign Insolvency Proceedings?," Insolvency Intelligence, June 2003
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"Delaware Bankruptcy Court's Rulings Threaten Use of 'Lockup Agreements' in Prenegotiated and Prepackaged Plans," The Banking Law Journal, May 2003
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"Insurance Proceeds in Bankruptcy," Banking Law Journal, September 2002
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"Bondholders, Now Active in U.S. Corporate Restructurings, May Take More Significant Role in the U.K.," The European Restructuring and Insolvency Guide, April 2002
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Cross-Frontier Insolvency of Insurance Companies, (co-author and editor), Sweet & Maxwell, 2001
[ more publications ]
Speeches and Events
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The Global Financial Crisis: Legal And Business Implications,
Mexico, December 3, 2008
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Webinar on Legal Issues Arising from the Financial Crisis of 2008,
October 30, 2008
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National Conference of Bankruptcy Judges: Judicial Co-Operation in Multi Jurisdictional Insolvencies,
Scottsdale, AZ, September 27, 2008
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"Impact of Credit Derivatives on Corporate Restructurings," Shanghai, People's Republic of China, September 16, 2008
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"Exploring the US Exit Strategies Landscape," London, United Kingdom, June 2008
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The Global Financial Crisis: Legal And Business Implications,
Mexico, December 3, 2008
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Webinar on Legal Issues Arising from the Financial Crisis of 2008,
October 30, 2008
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National Conference of Bankruptcy Judges: Judicial Co-Operation in Multi Jurisdictional Insolvencies,
Scottsdale, AZ, September 27, 2008
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"Impact of Credit Derivatives on Corporate Restructurings," Shanghai, People's Republic of China, September 16, 2008
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"Exploring the US Exit Strategies Landscape," London, United Kingdom, June 2008
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"The Future of Solvent Schemes and Part VII Transfers," Arlington, VA, January 2008
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The Coming Wave . . . What the Turmoil in the Credit Markets Means — and What to Expect in 2008,
New York, NY, October 24, 2007
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One Year On: Key Issues and Developments in the First Year of the 2005 Bankruptcy Code Amendments,
New York, NY, October 17, 2006
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INSOL Scottsdale: Cross-Border Insolvency: Cooperation or Conflict?,
Scottsdale, AZ, May 21-24, 2006
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Cross-Border Issues,
New York, NY, September 21, 2005
[ more speeches and events ]
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