David H. Conaway. Representative Matters
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1 David H. Conaway Partner, Bankruptcy Practice Administrator 101 South Tryon Street Suite 2200 Charlotte, NC Direct Fax David H. Conaway s principal areas of practice are bankruptcy (primarily Chapter 11 proceedings), non-bankruptcy insolvencies or restructurings, and workouts; commercial contracts and business transactions; and international transactions, disputes and insolvencies; and commercial and contract litigation. Industries Banking and Financial Institutions Manufacturing Agriculture Practices Bankruptcy, Insolvency and Creditors' Rights Commercial Transactions Financial Institutions International Transactions Assistant Cheryl Elgin Direct celgin@slk-law.com Education J.D., University of Alabama B.A., University of North Carolina at Chapel Hill Bar and Court Admissions North Carolina David has over 25 years of lead counsel experience representing both secured and unsecured creditors, including lenders, unsecured creditors (including trade creditors, bondholders or other unsecured creditor interests), and unsecured creditors' committees. David also has significant experience in representing parties in the purchase and sale of assets in bankruptcy or insolvency proceedings. His experience includes handling virtually every facet of bankruptcy and insolvency matters including issues relating to relief from stay, reclamations, setoff, critical vendor, avoidance actions, executory contracts, forensic investigations, DIP financing, creditors' committees, and plan confirmation. Representative Matters Allens, Inc. (Arkansas) American Apparel Company (South Carolina) Blue Water Automotive, Inc. (Detroit) Burlington Industries, Inc. (Delaware) Collins & Aikman Inc. (Michigan) Constar International Holdings, LLC (Delaware) Dana Automotive, Inc. (New York) Eastman Kodak Company (New York) Federated Department Stores, Inc. (Ohio) Fruit of the Loom, Inc. (Delaware) GT Advanced Technologies, Inc. (New Hampshire) Harriet & Henderson Yarns, Inc. (North Carolina) Heckler Manufacturing and Investment Group, Inc. (New York) Hines Nursery, Inc. (Delaware) Integrity Packaging, Inc. (Texas)
2 J.A. Jones Construction (Charlotte) Joan Fabrics Corporation (Delaware) K-mart Corporation (Chicago) Laurel Hill Paper Company, Inc. (North Carolina) Levitz Furniture Incorporated (Delaware) Logo Athletics, Inc. (Delaware) The Lovable Company, Inc. (Atlanta) MF Global Inc. (New York) Montgomery Ward (Delaware) Pillowtex, Inc. (Delaware) Polaroid Corporation (Delaware) PTL Heritage USA (South Carolina) Quaker Lace Company, Inc. (Philadelphia) Quebecor, Inc. (New York) SemCrude, L.P. (Delaware) Sheffield Industries, Inc. (Florida) Silk Greenhouses, Inc. (Florida) Smurfit-Stone Container Corporation (Delaware) Spartan International (South Carolina) Stedor Corporation (Gold's Gym Apparel) (South Carolina) United Industries Corporation/Spectrum Brands, Inc. (Texas) Visteon Corporation (Delaware) Wellman, Inc. (New York) Honors AV Peer Review Rated by Martindale-Hubbell Eurofenix, INSOL Europe, Editorial Board Best Lawyers in America, 2016, 2015, 2014, 2013, 2012 North Carolina Legal Elite North Carolina Super Lawyer by Super Lawyers magazine, 2012, 2011, 2010, 2009, 2006 Alabama Law Review, Member and Senior Editor Professional and Community Affiliations American Bankruptcy Institute American Bar Association ASIL (American Society of International Law) INSOL INSOL Europe International Bar Association Inter-Pacific Bar Association Turnaround Management Association
3 News Releases Shumaker, Loop & Kendrick Launches Manufacturing Industry Blog Shumaker, Loop & Kendrick, LLP Attorneys Named Business North Carolina 2016 Legal Elite David H. Conaway to Present to Lyon Furniture Credit Group David H. Conaway to be a Panelist for Turnaround Management Association Carolinas Chapter David H. Conaway to Present to the Association of International Credit and Trade Finance 83 Shumaker, Loop & Kendrick, LLP Lawyers Selected for Inclusion in The Best Lawyers in America 2015 David Conaway to Present to The Credit Research Foundation s Credit and Accounts Receivable Open Forum and Expo David H. Conaway to Present to National Steel Mill Credit Group David H. Conaway to Present to the Commercial Finance Association David Conaway to be a Panelist for 2-day Association of International Credit and Trade Finance Professionals Webcast David Conaway to Moderate and Speak on International Credit and Trade Finance Professionals Webcast 83 Shumaker, Loop & Kendrick, LLP Lawyers Selected for Inclusion in The Best Lawyers in America 2014 David H. Conaway Presented ICTF Webcast on "The Use of Corporate Guarantees in U.S. and Canada" Shumaker, Loop & Kendrick, LLP Lawyers Named Business North Carolina magazine s Legal Elite Shumaker Attorneys Hosted Bankruptcy Seminar 81 Shumaker, Loop & Kendrick, LLP Lawyers Selected for Inclusion in The Best Lawyers in America 2013 David H. Conaway Panelist on "Creditor Participation Rights in Insolvency Proceedings" for University College London Conference David H. Conaway Presented "Cross-Border Insolvency, Chapter 15, and Comparative Analysis of Foreign Countries Insolvency Laws" before the National Paper Packaging Credit Group Five Shumaker Partners Recognized as 2012 North Carolina Super Lawyers 70 Shumaker, Loop & Kendrick, LLP Attorneys Selected for Inclusion in The Best Lawyers In America 2012 David H. Conaway to Present ICTF Webcast on "Chapter 15 - Cross Border Insolvency Issues" Shumaker, Loop & Kendrick, LLP Announces Four Partners Recognized as 2011 North Carolina Super Lawyers David Conaway to Speak Before National Association of Credit Management - Credit & Financial Development Division David H. Conaway to Speak Before Juvenile Products Credit Group David H. Conaway to Speak Before National Paper Packaging Credit Group David Conaway to Speak at NACM Fall Credit Seminar Shumaker, Loop & Kendrick, LLP Attorneys Named to Super Lawyers, Corporate Counsel Edition David Conaway Presents at 2010 Euroadvocaten Meeting David Conaway to Speak Before the Furniture Manufactures Credit Association Shumaker, Loop & Kendrick, LLP Announces Four Partners Recognized as 2010 North Carolina Super Lawyers
4 Blogs Brexit Updates from Pinsent Masons - What Next? Checklist Guide International Sales Contracts: Square Peg, Round Hole Publications "International Sales Contracts: Square Peg, Round Hole" "International Sales Contracts: Square Peg, Round Hole" "When Worlds Collide: Article 2 of The Uniform Commercial Code and Chapter 11" "The Customer Triangle: Who's At Risk" "Working on the Chain Gang: Supply Chain Finance as the New Normal," Greater Charlotte Biz magazine Client Alert: Global Supply Chain Risk - Human Trafficking and Slavery Client Alert: Preferences - Mining the Ordinary Course of Business Defense "Neither a Borrower Nor a Lender be," Credit Research Foundation CRF News, Second Quarter 2015 Client Alert: Hurts So Good - US Supreme Court Rejects Attorneys Fees in Chapter 11 "A Hunt for Justice Erodes the Attorney-Client Privilege" "Neither a Borrower Nor a Lender be...¹ " "Reducing a Customer s Accounts Receivable in the Zone of Insolvency," ICTF World "A hunt for justice erodes the attorney-client privilege;" Eurofenix, Winter 2014/15 "A Hunt for Justice Erodes the Attorney-Client Privilege" "Reducing a Customer's Accounts Receivable in the Zone of Insolvency;" Credit Research Foundation "Reducing a Customer s Accounts Receivable in the Zone of Insolvency;" Eurofenix, Autumn 2014 "Working on the Chain Gang - Supply Chain Finance as the 'New Normal'" "Business Bankruptcy: Executive Summary - Need to Know Bankruptcy Concepts" "Working on the Chain Gang: Supply Chain Finance as the New Normal;" Business Credit, a publication of National Association of Credit Management "Winners and Losers: They Call Alabama the Crimson Tide, Call Me Deacon Blues" "Working on the chain gang: Supply chain finance as the new norm;" Eurofenix, Winter 2013/14 "Snowden... Snail Mail... Surveillance;" The Credit and Financial Management Review, Volume 19, Number 4, Fourth Quarter 2013 "Snowden...Snail Mail...Surveillance"; Eurofenix, Autumn 2013 "A Value Play: Chapter 11 Mergers and Acquisitions" "A Value Play: Chapter 11 Mergers and Acquisitions"; Business Credit, a publication of National Association of Credit Management "The $382,901 Check Really is in the Mail" "A Value Play: Chapter 11 Mergers and Acquisitions ; Charlotte Business Journal "Can't You Hear Me Knocking? The Dreaded Preference Demand"; The Credit and Financial Management Review, Volume 19, Number 1, First Quarter 2013 "Comparative Study Assists Reform of Chapter 11"; Eurofenix, Spring 2013 "Neither a Borrower Nor a Lender Be: Sources of Working Capital in U.S. and Canadian Insolvencies"; Charlotte Business Journal; The Credit and Financial Management Review "Neither a borrower nor a lender be"; Eurofenix, Winter 2012/13 "USA: The Mexican Hat Dance: the Story of Vitro"; Eurofenix, Winter 2012
5 "Can't You Hear Me Knocking? The Dreaded Preference Demand"; ictfworld.org e-newsletter, The Association of International Credit and Trade Finance Professionals "Can't You Hear Me Knocking? The Dreaded Preference Demand"; insights Newsletter, Fall 2012 "Can't you hear me knocking? The dreaded preference demand." Eurofenix, Autumn 2012 "New York Bankruptcy Court Flexes Global Muscle"; Eurofenix, Summer 2012 "Tousa Update"; Shumaker, Loop & Kendrick, LLP Legal Update "Supply Contract Trumps Preference"; Shumaker, Loop & Kendrick, LLP Legal Update "American Airlines: Who's Flying the Plane?"; Eurofenix, Spring 2012; American Bankruptcy Institute, International Committee, ABI Committee News, Volume 9, Number 2; and insights Newsletter, Fall 2012 "It's Alive! Deepening Insolvency Helps Creditors Recover"; Shumaker, Loop & Kendrick, LLP Newsletter "Chapter 15: International Bankruptcy: Foreign Debtors Get Green Light to Sue U.S. Companies"; Charlotte Business Journal "Chapter 15: International Bankruptcy: Foreign Debtors Get Green Light to Sue U.S. Companies"; Eurofenix, Winter 2011/12 "Foreign Debtors Get Green Light to Sue U.S. Companies"; American Bankruptcy Institute, International Committee, ABI Committee News, Volume 8, Number 5 "Setoff: A 100% Solution"; Shumaker, Loop & Kendrick, LLP Legal Update "Mexican Companies Cross Border for Protection"; ictfworld.org e-newsletter, The Association of International Credit and Trade Finance Professionals "Where is a Company's Centre of Main Interest?"; ictfworld.org, e-newsletter, The Association of International Credit and Trade Finance Professionals "Shareholder LBO: Safe Harbor for Cash Out?"; Shumaker, Loop & Kendrick, LLP Legal Update "Chapter 11: A primer on Preference Claims"; Eurofenix, Spring 2011 "US Sale of the Century: Five Days in September"; Eurofenix, Winter 2010/11 "Elizabethan England to the 2010 Global Recession"; Eurofenix, Autumn 2010 "Payment is not always certain for post-petition sales to a Bankruptcy Debtor"; Eurofenix, Summer 2010 "COMI in the US"; Eurofenix, Spring 2010 "Real Estate Bust Hits Lenders"; Eurofenix, Winter 2009/10 "GM and Chrysler: The Chapter 11 Solution"; American Bankruptcy Institute, ABI Committee News, September 2009 "GM and Chrysler: The Chapter 11 Solution"; Eurofenix, Autumn 2009 "Bankruptcy in the U.S.: The Need to Know Bankruptcy Concepts Part 2"; Eurofenix, Summer 2009 "Distressed Customer Checklist"; Shumaker, Loop & Kendrick, LLP Legal Update "Bankruptcy in the U.S.: The Need to Know Bankruptcy Concepts Part 1"; Eurofenix, Winter 2008/09 "Business Bankruptcy - Executive Summary"; Shumaker, Loop & Kendrick, LLP Legal Update "Command Performance - A Self-Help Remedy Under Uniform Commercial Code 2-609"; American Bankruptcy Institute, ABI Committee News, Volume 6, Number 2 "Beyond New Value and Ordinary Course: An Outside-the-Box Preference Defense"; American Bankruptcy Institute, ABI Committee News, Volume 6, Number 1 "Beyond New Value and Ordinary Course: An Outside the Box Preference Defense"; Shumaker, Loop & Kendrick, LLP Legal Update "Legal Update: Finding the Assets in the Corporate Shell Game: Substantive Consolidation"; American Bankruptcy Institute, ABI Committee News, Volume 5, Number 4
6 "Legal Update: Important Preference Decision"; American Bankruptcy Institute, ABI Committee News, Volume 4, Number 4 "Hot Off the Press - Preference and KERP Developments under BAPCPA?"; American Bankruptcy Institute, ABI Committee News, Volume 4, Number 3 "It's Alive! Critical Vendor Payments Survive Attacks"; American Bankruptcy Institute, ABI Committee News, Volume 4, Number 2 "Bankruptcy Law Cuts Payouts to Execs"; Charlotte Business Journal, Business of Law & Accounting Issue "Failing Firm Holds Danger For Directors"; Charlotte Business Journal, Business of Law Issue "Critical-Vendor Status Key In Bankruptcy"; Charlotte Business Journal, Business of Law Issue Newsletters "insights" Newsletter - June 2016 "insights' Newsletter - Spring 2015 "insights" Newsletter - Spring 2014 "insights" Newsletter Spring 2012 Events and Presentations National Steel Mill Group, Clearwater, Florida Furniture Manufacturers Credit Association, Greensboro, North Carolina International Textile Credit Clearing House, Charlotte, North Carolina "A View from the Middle: Navigating Career Paths and Working Effectively with General Counsel and Management," Charlotte Chapter of the Association of Corporate Counsel Turnaround Management Association, Carolinas Chapter, Charlotte, North Carolina Lyon Furniture Credit Group, Myrtle Beach, South Carolina Association of International Credit and Trade Finance The Credit Research Foundation s Credit and Accounts Receivable Open Forum and Expo, Denver, Colorado National Firearms & Ammunition Manufacturers Credit Group, Baltimore, Maryland The Association of International Credit and Trade Finance Professionals, Chicago, Illinois National Agricultural Manufacturers Credit Association, Las Vegas, Nevada National Paper Packaging Credit Group, Scottsdale, Arizona The Association of International Credit and Trade Finance Professionals (ICTF), webcast Commercial Finance Association (CFA), Charlotte North Carolina National Steel Mill Credit Group, Houston, Texas The Association of International Credit and Trade Finance Professionals (ICTF), webcast J.E. Broyhill Civic Center, Lenoir, North Carolina. International Textile Credit Group, Savannah, Georgia Southern Yarn Credit Group, Concord, North Carolina The Association of International Credit and Trade Finance Professionals (ICTF) Bankruptcy Seminar, Charlotte, North Carolina The Association of International Credit and Trade Finance s ( ICTF s) Annual Credit Symposium, Brussels, Belgium Association of Corporate Counsel, Charlotte, North Carolina Lyon Furniture Credit Group, Asheville, North Carolina
7 International Textile Credit Clearing House Group, Savannah, Georgia University College London, 6th Insolvency Research Conference, UCL Faculty of Laws, London National Paper Packaging Credit Group, San Antonio, Texas National Steel Mill Credit Group, Atlanta, Georgia INSOL Europe Annual Congress, Venice, Italy National Association of Credit Management, 2011 International Business Day, Portland, Oregon The Association of International Credit and Trade Finance Professionals (ICTF) The Association of International Credit and Trade Finance Professionals' Global Credit Professionals Symposium, Chicago, Illinois National Funding Association, Atlanta, Georgia National Metal Producers Credit Group, Sarasota, Florida National Funding Association, Charlotte, North Carolina International Textile Credit Clearing House, Charlotte, North Carolina National Association of Credit Management, NACM Fall Credit Seminar, Charlotte, North Carolina Juvenile Products Credit Group, Las Vegas, Nevada National Paper Packaging Credit Group Furniture Manufacturers Credit Association, Concord, North Carolina American Bar Association, 2009 Annual Meeting, Chicago, Illinois Juvenile Products Credit Group, Louisville, Kentucky National Association of Credit Management Midwest, Rolling Meadows, Illinois National Steel Mill Credit Group, Phoenix, Arizona Mecklenburg County Bar Association Seminar, Charlotte, North Carolina International Textile Credit Clearing House Group, Charlotte, North Carolina National Association of Credit Management, 2008 NACM Central Region Credit Conference The Federation of Credit and Financial Professionals, Baltimore, Maryland National Dye & Pigment Group, Charlotte, North Carolina The International Credit Executives Southeast/The Southeastern Association of Credit Management, Charlotte, North Carolina Broadcast Cable Financial Management Association/Broadcast Cable Credit Association 2004 Conference, Atlanta, Georgia
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