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Gittings Global - NE132062

Abigail O'Brient

Partner

Los Angeles +1 424 332 4826

  • About
  • Representative Matters
  • Credentials
  • About

    Abby O'Brient’s wide-ranging restructuring and creditor rights litigation practice focuses on representation of secured and unsecured creditors in insolvency cases and other proceedings nationwide. She routinely represents parties in litigation related to insolvency and distressed debt in state and federal court, as well as purchasers and sellers of distressed assets and fiduciaries in bankruptcy cases and other insolvency matters. Outside of the insolvency arena, Abby has significant judgment enforcement and asset recovery experience. Her clients value her practical, business-oriented approach to resolving legal issues and her ability to coordinate and manage proceedings pending in multiple courts to achieve positive litigation outcomes.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Represented DIP lender and chair of Official Committee of Unsecured Creditors in chapter 11 case of fintech company serving cryptocurrency industry. (In re Prime Core Technologies Inc., et al., Bankr. D. Del.)
    • Represented litigation trustee and asset recovery manager in post-confirmation administration of trust and related entities formed to recover hundreds of millions owed to creditors of failed investment funds. (In re Zohar III Corp, et al., U.S. Bankr. Ct., D. Del.)
    • Represented liquidating trustee in post-confirmation administrative and litigation matters arising from failed oil refinery in U.S. Virgin Islands, including over $1 billion of asserted claims. (In re Limetree Bay Services, LLC et al., U.S. Bankr. Ct., S.D. Tex.)
    • Represented post-confirmation plan administrator in matters arising from failed offshore oil and gas exploration and development companies, including tens of billions of dollars of asserted claims. (In re Fieldwood Energy III LLC, et al., U.S. Bankr. Ct., S.D. Tex.)
    • Represented liquidating trustee in post-confirmation administration of trust and litigation matters arising from failed healthcare insurance technology company. (In re Benefytt Technologies, Inc., et al., U.S. Bankr. Ct., S.D. Tex.)
    • Represented secured creditors of municipal borrower in pre-bankruptcy litigation, successfully obtaining judgment and appointment of post-judgment receiver to enforce judgment; chapter 9 case; and post-bankruptcy receivership to liquidate collateral. (In re City of Stockton, Bankr. N.D. Cal.)
    • Represented family office in enforcing $30 million fraud judgment, successfully seizing assets sufficient to pay judgment and post-judgment interest in full.
    • Represented litigation trustee in fraudulent transfer case to recover over $140 million of transfers by debtors engaged in onshore oil and natural gas acquisition, exploitation, exploration and production. (In re Alta Mesa Resources, Inc., et al., U.S. Bankr. Ct., S.D. Tex.)
    • Represented family office in obtaining successive dismissals, prior to discovery, of $50 million fraudulent transfer case brought by post-confirmation liquidating entity. (Stillwater Liquidating LLC v. Chernyakova, et al., Los Angeles Sup. Ct. (Complex Div.))

    • Represented numerous creditors and potential avoidance action defendants in various cryptocurrency bankruptcy cases.
    • Represented commodity vendor in cross-border litigation against customer.
    • Chaired Official Committee of Unsecured Creditors in chapter 11 cases of health insurance technology company.(In re Benefytt Technologies, Inc., et al., U.S. Bankr. Ct., S.D. Tex.)
    • Represented member of Official Committee of Unsecured Creditors in chapter 11 cases of operators of on-demand office and co-working spaces. (In re RGN-Group Holdings, LLC., et al., Bankr. D. Del.)
    • Represented landlord and member of Official Committee of Unsecured Creditors in chapter 11 cases of data center operators. (In re Cyxtera Technologies Inc., et al., Bankr. D.N.J.)
    • Represented purchaser of bankrupt cellulosic ethanol plant and cogeneration facility for $48.5 million. (In re Abengoa Bioenergy and Biomass of Kansas LLC, Bankr. D. Kan.)
    • Represented secured creditor in defending litigation filed by former director/officer of borrower in connection with assignment for the benefit of creditors.
    • Represented directors of venture capital firm in defending litigation filed by state regulator with respect to environmental liabilities of insolvent portfolio company.
    • Represented director/officer in obtaining dismissal of breach of contract, fraudulent transfer, and breach of fiduciary duty claims by assignee for the benefit of creditors.
    • Represented senior secured lender, DIP lender, and stalking horse purchaser in chapter 11 case of professional services firm with nationwide operations. (In re EYP Group Holdings, Inc., et al., Bankr. D. Del.)
    • Represented indenture trustees and master trustees in connection with receivership and bankruptcy proceedings in California and Florida to recover hundreds of millions of dollars in debt.
    • Represented real estate investor in enforcement of $20 million judgment against former business associate, and amended judgment to include alter egos.
    • Represented competitor and creditor of debtor in large utility bankruptcy.
    • Represented unsecured creditor of wholesale pharmacy in successful pre-bankruptcy litigation and in bankruptcy case. Obtained conversion of the case, on an emergency basis, shortly after petition date to staunch ongoing theft and fraud by former management.
    • Represented unsecured creditors in confirming creditor chapter 11 plan in contested bankruptcy case of failed real estate developer.
    • Represented secured creditor in purchase of substantially all assets of bankrupt developer of membranes for industrial separation and purification processes, and in settlement with committee and aggressive undersecured junior creditors – with sale and settlement consummated within sixty days after petition date.
    • Represented chapter 11 trustee in sale of water utility and numerous real estate assets.
    • Represented supervisory board of liquidating trust in obtaining dismissal of claims for equitable subordination and breach of fiduciary duty.
    • Represented luxury boutique hotel in selling assets and confirming chapter 11 plan during heavily contested bankruptcy case, including preventing confirmation of secured creditor’s competing plan, allowing equity holders to receive significant distribution.
    • Represented Chapter 7 trustee in successfully prosecuting and collecting millions of dollars in judgment and settlements in fraudulent transfer litigation arising out of failed equipment leasing company. (In re Creative Capital Leasing Group, LLC, U.S. Bankr. Ct., S.D. Cal.)
    • Advised numerous publicly-traded and private company Boards of Directors and executive management teams regarding insolvency issues, including potential workouts or insolvency proceedings, distressed dispositions/acquisitions of assets, fiduciary duties, and creditor rights.

    Areas of Expertise

  • Credentials
    Education
    • University of California, Berkeley School of Law, J.D.
    • Washington and Lee University, B.A.
        • magna cum laude
    Bar Admissions
    • California
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. District Court, Central District of California
    • U.S. District Court, Eastern District of California
    • U.S. District Court, Northern District of California
    • U.S. District Court, Southern District of California
    Accolades
    • Best Lawyers in America, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (2023-2024)
    • Los Angeles Times Banking and Finance Magazine: Trends, Updates and Visionaries, Visionary (2021-2022)
    • Los Angeles Business Journal, Women of Influence - Attorneys (2021)
    • Los Angeles Times Business of Law, Finalist Visionaries Leadership Award (2021)
    • Los Angeles Business Journal, Top Women Attorneys (2020)
    • Los Angeles Business Journal, Leaders in Law - Firm Attorney Nominees (2019); Finalist - Bankruptcy (2020-2021)
    • Southern California Super Lawyers, Rising Star: Bankruptcy (2019)
    • Southern California Super Lawyers, Top Women Attorneys Rising Star: Bankruptcy (2019)
    • San Diego Super Lawyers, Rising Star: Bankruptcy (2018)
    • One of 40 attorneys selected to participate in the National Conference of Bankruptcy Judges' Next Generation Program (2016)

    Areas of Expertise

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