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Charles A. Malloy

Of Counsel

Washington +1 202 662 5005

  • About
  • Representative Matters
  • Credentials
  • About

    For more than 20 years, Charles Malloy has represented clients in complex restructuring transactions and commercial and bankruptcy litigation. He advises parties with respect to in-court and out-of-court workouts and restructurings, planning and negotiation of prepackaged or pre-arranged bankruptcy filings, debtor-in-possession financing and use of cash collateral, asset sales, treatment of leases, allowance of and objections to claims, and the negotiation and confirmation of chapter 11 plans.

    Charles has a broad-based litigation practice with an emphasis on representing clients in commercial and bankruptcy-related litigation, as well as in breach of duty, contract, and product liability matters. His experience in bankruptcy litigation includes disputes concerning ownership and title of property, lien priority, fraudulent transfers and preferences, equitable subordination and recharacterization claims, and in litigation related to the termination and close-out of swaps and other derivative contracts. He has litigated bankruptcy appeals involving fraudulent transfers, enforcement of a unilateral option to obtain financing, and bankruptcy court jurisdiction.

    Charles also advises asset purchasers, lenders, lessors, vendors, and strategic investors on structuring and documenting transactions to mitigate insolvency-related risk.
    Charles has a background in healthcare bankruptcy and restructuring, having represented facility owners, lessors, vendors, and suppliers on the creditor side, and hospitals on the debtor side. He also has advised on issues at the intersection of labor law and bankruptcy, including litigation and appeals from the rejection of collective bargaining agreements and modification of retiree benefits.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters

    Bankruptcy, Creditor Rights, and Commercial Litigation  

    • Federal Housing Finance Agency as conservator in federal district court, bankruptcy court, and state court litigation.
    • Healthpeak Properties as lessor in the chapter 11 cases of Sorrento Therapeutics Inc. (Bankr. S. D. Tex. No. 23-90085and Codiak BioSciences, Inc.
    • Altria and affiliates as litigation counsel on products liability matters including Hawai‘i v. Juul Labs Inc. et al. (No. 1CCV-20-0000933) and Minnesota v. Juul Labs, Inc. et al. (No. 27-CV-19-19888).
    • Ad hoc secured first lien lender group in the chapter 11 cases of The Hertz Corporation and its affiliates (Bankr. D. Del. No. 20-11218).
    • The Republic of Colombia in the chapter 11 cases of Avianca Holdings S.A. and its affiliates (Bankr. S.D.N.Y. No. 20-11133).
    • Tiffany and Company in the chapter 11 cases of Miami Metals I, Inc. (Bankr. S.D.N.Y. No. 18-13359).
    • Creditors and avoidance-action defendants in the chapter 11 and 7 cases of Zetta Jet USA, Inc. (Bankr. C.D. Cal. 17-21386).
    • Westpac Banking Corporation in derivatives contract termination and close-out litigation and as a creditor in the Lehman Brothers chapter 11 case.
    • Welltower, Inc. as landlord and secured lender in numerous health care facility operator chapter 11 cases and receivership proceedings.
    • Ad hoc lender group in Cumulus Media Inc. (Bankr. S.D.N.Y. 17-13381).
    • Officer and director of Allied Systems Holdings Inc. in breach of duty litigation arising from ASHINC chapter 11 (Bankr. D. Del. 12-11564).
    • Crocs Inc. in a bankruptcy case related to ongoing patent infringement litigation.
    • The Police and Fire Retirement System of the City of Detroit and the General Retirement System of the City of Detroit regarding treatment of pension obligations in the City of Detroit’s chapter 9 bankruptcy case and related appeals (Bankr. E.D. Mich. 13-53846).
    • Madoff fund investors in appeal to the Second Circuit of decisions enjoining investors’ state law claims against alleged Madoff co-conspirators.
    • Foreign banking institutions and investment funds in connection with claims in U.S. chapter 11 cases.
    • Private equity fund as holder of subordinated debt in contested chapter 11 case, as proponent of competing chapter 11 plan.

    Restructuring Transactions and Counseling on Insolvency Risk

    • U.S. airline regarding restructuring scenarios, credit card processing agreements, and managing liquidity.
    • Government contractors on mitigation of risk related to counterparty and sub-contractor default and insolvency.
    • Foreign securities exchange on U.S. bankruptcy law, including swap and securities contract safe harbor provisions.
    • T. Rowe Price in negotiating treatment of subordinated notes in pre-arranged bankruptcy.

    Debtors and Receiverships

    • In re Quebecor World (USA) Inc. (Bankr. S.D.N.Y. 08-10152). Lead restructuring counsel to commercial printer in chapter 11 cases and joint proceedings under the Canadian Companies’ Creditors Arrangement Act.
    • In re US Airways, Inc. (Bankr. E.D. Va. 04-13819). Lead restructuring counsel in chapter 11 case.
    • Lead counsel to receiver in federal receivership case in the U.S. District Court for the District of Puerto Rico.
    • In re Downey Regional Medical Center (Bankr. C.D. Cal. 2:09-bk-34714). Lead restructuring counsel to regional hospital. 

    Areas of Expertise

  • Credentials
    Education
    • Vanderbilt University Law School, J.D., 2001
        • Vanderbilt Law Review, Managing Editor
        • Moot Court Board
    • The George Washington University, B.A., 1998
        • summa cum laude
    Bar Admissions
    • District of Columbia
    • New York
    • Maryland
    • U.S. District Court, District of Columbia
    • U.S. District Court, Southern District of New York
    • U.S. District Court, District of Maryland
    Pro Bono
    • Community services, education, and outreach organization in Washington, DC in work-out negotiations with office equipment lessor.
    • Educational institution in out-of-court work-out and restructuring of public bond debt.
    • Affordable housing co-op in Southeast Washington, DC. as chapter 11 counsel.
    • Tenants’ association as creditor in landlord’s chapter 11 and chapter 7 cases.
    • Pro bono legal counsel to governmental, public interest and non-profit clients in bankruptcy, restructuring and affordable housing matters.
    Memberships and Affiliations
    • American Bankruptcy Institute – member since 2006; Real Estate Committee Executive Member 2019 to present; past Labor & Employment Committee Membership Relations Director
    • Maryland State Bar Association
    • District of Columbia Bar Association
    • John Carroll Society

    Areas of Expertise

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