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 is a member of the Firm's Management Committee.
Mr. Seife was recognized in Chambers USA (2012) as "a market authority in Chapter 11 and cross-border restructuring matters" and "especially well versed in representing creditor committees."
Representative Matters
- Represents former Chief Bankruptcy Judge Arthur J. Gonzalez (S.D.N.Y) in his capacity as the court-appointed examiner in the ResCap Chapter 11 case.
- Counseled the Chapter 11 creditors’ committee in Tribune, Spiegel, Inc./Eddie Bauer Inc.; Parmalat USA Corp.; Metromedia Fiber Network; New York Daily News (Maxwell Newspapers, Inc.); New York Post; and Pocket Communications.
- Counsel for Citigroup, as agent for the lender group, in the successful restructuring of Xerium Technologies (through a pre-packaged Chapter 11).
- Counsel for The Royal Bank of Scotland, as agent for the lender group, in the successful Chapter 11 reorganization of PRC, LLC.
- Represented the receiver appointed in the Russian bankruptcy proceedings of Yukos Oil Company in the first major test of Chapter 15 of the Bankruptcy Code.
- Represented 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.
- 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.
- Represented 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.
- Represented KPMG as provisional liquidator for Manhattan Investment Fund and Belvedere Insurance.
- Represented the reinsurer Hopewell International in its groundbreaking 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, a leader in the innovative use of ancillary bankruptcy proceedings, was recognized by The Deal’s Bankruptcy Insider, as “the top-ranked U.S. lawyer to foreign debtors.” Chambers USA - America's Leading Lawyers for Business (2012) found that "sources are unanimous in their praise of his 'calm, level-headed and intellectual demeanor,' traits which 'allow him to get diverse parties to reach a consensus and agreement.'"
Mr. Seife was also cited in New York Super Lawyers (2012) in the areas of bankruptcy and creditor/debtor rights, The Legal 500 for corporate restructuring, Best Lawyers in America (2013) and was named one of the world's leading lawyers in Expert Guide: Insolvency and Restructuring Lawyers (2012).
Activities and Affiliations
Mr. Seife is often invited to comment on bankruptcy issues on national media networks such as CNN, CNBC, Bloomberg, and PBS and on National Public Radio and has been frequently 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, INSOL International, International Cross-Border Insolvency and Restructuring Conference, São Paulo, 2013
- Co-Chair, INSOL International, International Cross-Border Insolvency and Restructuring Conference, Cartagena, Colombia, 2012
- Panel Chair, ABI Annual Mid-Level Conference, "Use of Expert Witnesses in a Contested Chapter 11", 2012
- Co-Chair, INSOL International, International Cross-Border Insolvency and Restructuring Conference, Buenos Aires, 2011
- Chair, INSOL International, International Cross-Border Insolvency and Restructuring Conference, Mexico City, 2010
- Chair, Insurance Insolvency Meeting, Eighth World INSOL International Quadrennial Congress, Vancouver, Canada, 2009
- 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, 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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"Insurers Accorded Standing To Challenge Asbestos Bankruptcy Plan That Potentially Limits Insurers’ Reinsurance Recoveries," Insurance and Reinsurance NewsWire, May 2012
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"Vitro: Defining 'Manifestly Contrary' To US Policy," Law360, May 8, 2012
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"Giving Effect to Debt Compromise Arrangements - Binding the Minority or Out of the Money Classes of Creditors," (co-author), Oxford University Press' The Law and Practice of Restructuring in the UK and US, 2011
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"Litigating Valuation Disputes: A Primer on Preparing Expert Witnesses for Contested Valuations," ABI - Second Annual Mid-Level Professional Development Program, October 2010
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"Negotiating with Lenders: Forbearance, Waivers, Lender Approval and the Collective Action Conundrum," The Directors' and Officers' Guide to Restructuring, July 2010
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"Insurers Accorded Standing To Challenge Asbestos Bankruptcy Plan That Potentially Limits Insurers’ Reinsurance Recoveries," Insurance and Reinsurance NewsWire, May 2012
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"Vitro: Defining 'Manifestly Contrary' To US Policy," Law360, May 8, 2012
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"Giving Effect to Debt Compromise Arrangements - Binding the Minority or Out of the Money Classes of Creditors," (co-author), Oxford University Press' The Law and Practice of Restructuring in the UK and US, 2011
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"Litigating Valuation Disputes: A Primer on Preparing Expert Witnesses for Contested Valuations," ABI - Second Annual Mid-Level Professional Development Program, October 2010
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"Negotiating with Lenders: Forbearance, Waivers, Lender Approval and the Collective Action Conundrum," The Directors' and Officers' Guide to Restructuring, July 2010
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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," Sweet & Maxwell, (co-author and editor), January 2001
[ more publications ]
Speeches and Events
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INSOL International São Paulo One Day Seminar,
June 13, 2013
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"Harmonization of Insolvency Laws," INSOL International, Ninth World Congress, The Hague, May 2013
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"Rhode Island's Break Through Solvent Scheme and its Effect in the U.S. Receivership Market," HB Litigation Conferences 2012 Solvent Scheme Conference, New York, NY, January 24, 2012
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"New Perils in Chapter 11: Distressed Investing After Washington Mutual," Chadbourne CLE Seminar, New York, NY, October 20, 2011
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"Valuation Issues in Chapter 11 Cases," American Bankruptcy Institute's 2nd Annual Mid-Level Professional Development Program, New York, NY, October 28, 2010
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INSOL International São Paulo One Day Seminar,
June 13, 2013
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"Harmonization of Insolvency Laws," INSOL International, Ninth World Congress, The Hague, May 2013
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"Rhode Island's Break Through Solvent Scheme and its Effect in the U.S. Receivership Market," HB Litigation Conferences 2012 Solvent Scheme Conference, New York, NY, January 24, 2012
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"New Perils in Chapter 11: Distressed Investing After Washington Mutual," Chadbourne CLE Seminar, New York, NY, October 20, 2011
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"Valuation Issues in Chapter 11 Cases," American Bankruptcy Institute's 2nd Annual Mid-Level Professional Development Program, New York, NY, October 28, 2010
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Cross-Border Restructurings U.S. and European Perspectives,
New York, NY, October 27, 2010
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"Mexican Bankruptcy - Legislation, Practices, Trends and Cross-Border Issues," Panel Chair, New York, NY, June 1, 2010
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"Storms of the Recent Past and Managing Future Challenges," INSOL Conference, Dubai, UAE, February 23, 2010
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Solvent Schemes of Arrangement: Latest Developments in the U.K. & U.S. Conference,
New York, NY, January 26, 2010
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Biofuel Survival Strategies for a Challenging Market,
New York, NY, March 2, 2009
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"Bankruptcy and Corporate Restructurings in Mexico: Recent Experiences and the Road Ahead," New York, New York, February 2009
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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
[ more speeches and events ]
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