Judith Elkin

Practices

Industries

Education and Clerkships

J.D., University of Wisconsin, 1981, cum laude

B.A., Binghamton University, State University of New York, 1978, summa cum laude

Bar Admissions

New York

Texas

Court Admissions

New York Court of Appeals

Texas Supreme Court

United States Supreme Court

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Texas

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Western District of Texas

U.S. District Court for the Southern District of New York

Profile

Whether as a creditor or prospective debtor, navigating the complexities of insolvency can be both challenging and stressful.  For more than 30 years, Judith Elkin has provided Haynes and Boone clients with creative advice on restructurings and insolvencies in the U.S. and around the world.  Judy is as comfortable in a U.S. boardroom and courtroom as she is in a Paris conference room.  Judy has served as trusted advisor and counsel to major global financial institutions, assisting them in collecting billions of dollars of obligations due to them and defending major litigation asserted against them. Judy has also counseled debtors in various industries, ranging from oil and gas, coal, airlines, fashion and real estate, enabling them to restructure their operations and capital structure.  She has appeared in trial and appellate courts around the country.

Judy has worked on some of the largest, most contentious and most complex insolvency cases.  She is one of 18 people approved by the bankruptcy court to mediate significant mortgage indemnification claims of Lehman Brothers. She has been retained by Credit Agricole to protect its claims in cases such as Enron, Calpine, MF Global and SemGroup.  In Enron, Judy was responsible for coordinating Credit Agricole’s claims in the proceedings pending in the U.S. and Europe, as well as representing the bank as co-chair of the Unsecured Creditors’ Committee.   In SemGroup, she negotiated Credit Agricole’s participation as a debtor in possession lender and successfully defended the bank in litigation challenging its position as a swap lender, resulting in a global settlement as part of a confirmation hearing conducted simultaneously in the U.S. and Canada.  She defended major avoidance litigation brought against Goldman Sachs arising from the Extended Stay bankruptcy.  Judy has also represented the foreign representatives of foreign debtors seeking the protections of Chapter 15 in the U.S.

Judy recognizes that even the largest corporate client is made of up people who have a vested interest in the successful, practical and cost-effective resolution of financial problems.  Her global view and experience in the trenches on cross-border insolvency matters has led her to be both a prolific writer and a sought after speaker internationally.  She has spoken on lender liability issues in Tokyo, the insolvency of hedge funds in Dublin and distressed M&A in Sao Paulo.  Judy has served as chair of the International Bar Association’s Insolvency Section, chair of the International Women’s Insolvency & Restructuring Confederation (IWIRC), chair of the ABA Litigation Section Bankruptcy & Insolvency Committee and vice-chair of the ABA International Section Secured Transaction & Insolvency Committee.  She also serves as a delegate for several non-governmental organizations to the United Nations Commission on International Trade Law (UNCITRAL).

Judy is most proud of her work with IWIRC, a global mentoring and networking organization for women in the insolvency professions.  As a founding member in 1993, she contributed to the growth of the organization from 30 women meeting in a basement conference room in a Toronto hotel to nearly 1500 members with more than 45 networks worldwide.  In 2013, Judy was the recipient of IWIRC’s Melnik Award for Outstanding IWIRC Member.

When not working on behalf of her human clients, Judy is an advocate for the rights of animals.  She worked with the NYS Bar Association Animal Law Committee preparing analyses of proposed legislation for submission to the NYS legislature, is on the board of directors of her local humane society and is a Patron of the Wildlife Conservation Society as well as a former board member and officer of the Dallas Zoological Society.  Judith’s work and love of travel has taken her to over 100 countries and all seven continents.  Judy believes that through travel we develop a better appreciation and understanding of our shared values which is vital to successful cross border insolvency dispute resolution.

Court Admissions

  • New York Court of Appeals 
  • Texas Supreme Court 
  • United States Supreme Court 
  • U.S. Court of Appeals for the Second Circuit 
  • U.S. Court of Appeals for the Fifth Circuit 
  • U.S. Court of Appeals for the Sixth Circuit 
  • U.S. Court of Appeals for the Tenth Circuit 
  • U.S. Court of Appeals for the Eleventh Circuit 
  • U.S. District Court for the Northern District of Texas 
  • U.S. District Court for the Southern District of Texas 
  • U.S. District Court for the Eastern District of Texas 
  • U.S. District Court for the Western District of Texas 
  • U.S. District Court for the Southern District of New York

Recognition

Best Lawyers

Best Lawyers in America 2015

Best Lawyers® in America, an annual referral guide listing outstanding attorneys throughout the U.S, has once again recognized Haynes and Boone, LLP lawyers. This year the firm increased its honored practices to 56.

Speaking Engagement

Judith Elkin

Practicing Law Institute: Bankruptcy & Reorganizations 2015 - Current Developments

Haynes and Boone Partner Judith Elkin will speak on Cross-Border Insolvencies and Chapter 15 at Practicing Law Institute's Bankruptcy & Reorganizations 2015 Current Developments Conference, scheduled for April 27-28, 2015.

Representative Case Involvement

  • Adelphia Communications Corp. 
  • ASARCO 
  • ATA Airlines, Inc. 
  • Borders, Inc. 
  • Calpine Corporation 
  • Delphi Corp. 
  • El Paso Electric Company 
  • Enron Corporation 
  • Extended Stay Hotels 
  • Federal-Mogul Corporation 
  • General Motors Corp. 
  • Kodak 
  • Mirant Corporation 
  • SemGroup L.P. 
  • United States Brass Corporation

Selected Client Representations

  • Representation of Credit Agricole Corporate and Investment Bank, pre-petition and DIP lender in Chapter 11 case of Trinity Coal.
  • Representation of Archon/Goldman Sachs in multi-billion dollar litigation brought by the post-confirmation trust of Extended Stay Hotels.
  • Representation of RIM in Kodak restructuring case.
  • Representation of various landlords in the Borders' bankruptcy case.
  • Representation of major secured lender in out of court restructuring of a multi-billion dollar time share developer.
  • Representation of Credit Agricole Corporate and Investment Bank as a multi-million dollar senior secured lender, DIP lender and exit lender to various SemGroup entities. SemGroup is a multi-billion dollar global gatherer, distributor, storer, transporter and marketer of crude oil and refined petroleum products.
  • Representation of Bank of America as agent for the $2.6 billion Century Credit Facility in Adelphia Communications Corp. Chapter 11 case.
  • Representation of Credit Agricole Corporate and Investment Bank as a project lender on an electricity generation facility in Missouri, in the Calpine Corp. Chapter 11 case.
  • Representation of Credit Agricole Corporate and Investment Bank as lender and co-chair of the Unsecured Creditors' Committee in Enron Corp. Chapter 11 case.
  • Representation of Mirant Corporation, one of the world's largest generators and marketers of electricity, in its Chapter 11 restructuring.
  • Representation of asset acquirors in numerous bankruptcy cases involving asbestos liability issues, including in the cases of National Gypsum Company and Federal-Mogul Corporation.
  • Negotiation of settlement in excess of $50 million of coverage litigation on behalf of Travelers in conjunction with reorganization of United States Brass, manufacturer of polybutylene pipe.
  • Obtained dismissal of $30 million lawsuit against major accounting firm and successfully defended judgment through denial of petition for writ of certiorari to U.S. Supreme Court.
  • Representation of Highland Capital, a major shareholder and potential acquiror, in Delphi reorganization case. 

Recognition

AV Preeminent® Peer Review Rated

  • Included in the Martindale Hubbell® Law Directory with a Peer Review Rating of AV® Preeminent™.

Professional and Community Activities

  • Co-Chair, International Bar Association's Section on Insolvency Restructuring and Creditors' Rights (SIRC), 2011-2012 
  • Chair, International Women's Insolvency and Restructuring Confederation (IWIRC), 2010-2012, Vice Chair, 2006-2010, Secretary/Treasurer, 2002-2006, Executive Committee Member, Member, New York Network and Founding Member, Dallas Network 
  • Vice-Chair, International Bar Association's Insolvency, Restructuring and Creditors' Rights Section (SIRC), 2009-2010, Co-Chair of SIRC Creditors' Rights Committee, 2007-2008 
  • Co-Chair, American Bar Association, Bankruptcy and Insolvency Litigation Committee, Litigation Section, 1997-2001 
  • Board of Directors and Executive Committee Member, Dallas Zoological Society, 2000-2004 
  • Board of Directors, New Rochelle Humane Society 
  • Patron, Wildlife Conservation Society
  • Turnaround Management Association (TMA) 
  • International Insolvency Institute (III) 
  • American Bankruptcy Institute
  • Bar Association of the City of New York 
  • Association for Corporate Growth
  • 100 Women in Hedge Funds

Honors

Super Lawyers

New York Super Lawyers and Rising Stars Single Out Haynes and Boone Lawyers

A group of well-regarded Haynes and Boone, LLP lawyers have once again been recognized as New York Super Lawyers and Rising Stars.

Professional Recognition

  • Recipient of the Melnik Award for exceptional contributions, International Women's Insolvency and Restructuring Confederation (IWIRC), 2013 
  • Recognized in Who's Who for Insolvency & Restructuring, 2014 
  • Recognized for Insolvency and Restructuring in Expert Guides, 2014 
  • Recognized in Best Lawyers in America - Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2005-2015, Litigation - Bankruptcy, 2012-2015 
  • Recognized as a Super Lawyer - Bankruptcy and Creditor/Debtor Rights Law (2007-2014) 
  • Martindale Hubbell® Law Directory with a Peer Review Rating of AV® Preeminent™

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