Nancy Mitchell

Partner

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Nancy A. Mitchell brings a unique combination of finance, restructuring, corporate and public policy skills to her representations of clients in complex restructurings, workouts, and Chapter 11 proceedings. Nancy’s clients include private equity and funds, debtors, creditors, and governmental actors that draw on her expertise honed over 30 years as a lawyer and an investment banker.

Nancy has counseled clients on some of the most complex bankruptcies including representing Governor Gavin Newsom in advancing California’s interests in the PG&E Corp. case and working with the Puerto Rico Electric Power Authority in its ongoing restructuring. Nancy’s experience includes representations in bankruptcy cases such as Exide Technologies, General Motors, United Airlines, AbitibiBowater, and Satélites Mexicanos, as well working with the government of Puerto Rico in the largest municipal restructuring in history.

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Corporate & Government Experience

  • Executive Director, CIBC World Market Corp.

Honors & Awards

  • Global M&A Network, “USA: Top Women Dealmakers,” 2020
  • Turnarounds & Workouts, “Outstanding Restructuring Lawyers,” 2020
  • Recognized as Highly Regarded by IFLR1000 for Restructuring and Insolvency (2021)
  • Law360, Bankruptcy MVP, 2019
  • Recommended in Restructuring & Insolvency by Who's Who Legal , 2019
  • Crain’s New York Business, Leading Women Lawyers in New York City, 2018
  • New York Law Journal, “Distinguished Leaders,” 2018
  • Leading Lawyers Network, 2007-2018
  • Chambers USA and Chambers Global, 2005-2008 and 2019-2020, 2011-2020
  • The Legal 500 United States, 2012-2019
  • The Best Lawyers in America®, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2007-2021
  • Euromoney Legal Media Group’s Americas Women in Business Law Awards, “Best in Insolvency & Restructuring,” (Shortlisted) 2016-2018
  • Super Lawyers magazine, New York Metro Super Lawyers, 2006-2017
  • Euromoney’s Expert Guides: Women in Business Law, “Guide to the World’s Leading Women in Business Law,” 2014 and 2017
  • Global M&A Network’s Turnaround Atlas Awards, “Top 100: Restructuring & Turnaround Professionals,” 2014, 2016

Admissions

Bar Admissions

  • Illinois
  • New York

Court Admissions

  • US District Court, Central, Southern, and Northern Districts of California, New York, Northern District of Illinois, Eastern District of Michigan, and District of Colorado
  • US Court of Appeals, First, Ninth, and Eleventh Circuits

Education

  • University of Michigan, J.D., 1987: cum laude; Contributing Editor, The Michigan Law Review
  • Indiana University, B.A., English and History, 1984

Professional Activities

Member

  • American Bar Association
  • American Bankruptcy Institute

Author

  • Pacific Gas and Electric Company. Led the team assembled by California Governor Gavin Newsom to develop a legal and regulatory plan to right the state’s teetering electric utilities in the wake of the state’s deadly wildfires. The work led to legislation Newsom signed into law that created a groundbreaking fund to stabilize the investor-owned utility market in California and provided a framework for PG&E Corp. to emerge from chapter 11.
  • PREPA. Leads the ongoing representation of the Puerto Rico Electric Power Authority in restructuring approximately US$8 billion in indebtedness.
  • Puerto Rico. Leads the team working with the Puerto Rico Aqueduct and Sewer Authority and the University of Puerto Rico. Works as part of the overall O’Melveny team on the continuing representation of Puerto Rico’s Fiscal Agency and Financial Advisory Authority with respect to the financial restructuring of Puerto Rico’s debt obligations.
  • Remington Outdoor Company. Part of the O’Melveny team representing Remington in its ongoing chapter 11 proceeding.
  • Exide Technologies. Leads the ongoing representation of the California Department of Toxic Substances Control in the Exide Technologies chapter 11 case pending in Delaware.
  • Verity Health Systems. Led the team that acquired two hospitals out of bankruptcy as part of California’s response to the COVID- 19 pandemic.
  • Q’Max Solutions. Led the team that represented Palladium Equity Management in acquiring the assets of Q’Max out of an operating chapter 7 proceeding.
  • Hartford, CT. Led the team the represented the City of Hartford in refinancing its indebtedness.

Nancy has also represented companies in a variety of industries in restructurings both in and outside of court including:

  • Aerospace Holdings, Inc. in the restructuring of its debt and the company’s recapitalization.
  • Midas, Inc. in a $172.5 million out-of-court refinancing.
  • Syntax-Brillian as a debtor in its Chapter 11 case.
  • Backyard Burgers in its Chapter 11 case.
  • Liberty Healthcare Group as a debtor in its Chapter 11 case.
  • Chem Rx Corp. as a debtor in its Chapter 11 case.
  • TestAmerica Corporation in its restructuring.
  • Ultimate Escapes, Inc. in its Chapter 11 case.
  • Last Call Guarantor, LLC and several affiliates, the owners of Fox & Hound and Champps Kitchen & Bar restaurant chains, in its Chapter 11 case
  • D + W Fine Pack in its out-of-court restructuring.
  • Allens, Inc. as a debtor in its Chapter 11 filing and subsequent sale of the company.
  • Atlantis Plastics as a debtor in its Chapter 11 case.
  • Stant Corporation as a debtor in its Chapter 11 case.
  • Goldman Industrial Group, Inc. and its subsidiaries as debtors in connection with a Chapter 11 filing and subsequent sales of assets.
  • Optima Specialty Steel as a debtor in its Chapter 11 case.
  • Indiana Downs, LLC as a debtor in its Chapter 11 case.
  • GameTech International, Inc. and its affiliates as debtors in their Chapter 11 cases.
  • SFX Entertainment Inc. and several affiliates, an electronic dance music festival promoter, in its Chapter 11 cases.
  • Satélites Mexicanos S.A. de C.V. in its restructuring and prepackaged plan.
  • MIG, Inc. as a debtor in its Chapter 11 case.
  • FriendFinder Networks Inc. as a debtor in its Chapter 11 case.

Nancy has already represented creditors in a variety of matters including:

  • Gordon Brothers Finance Company in its pre-petition revolver and equipment term loan to JW Resources, Inc. and its affiliates, a coal company located in Kentucky and Tennessee.
  • Elliott Management Corp. as a member of the creditors committee in the Lehman Brothers’ Chapter 11 case.
  • Conceco Finance Company Unsecured Creditors Committee in Conseco’s Chapter 11 case.
  • Textron Financial in connection with its investment in Westgate Resorts, LLC.
  • Smurfit-Stone Container Corporation ad hoc bondholder group in Smurfit’s Chapter 11 case.
  • AbitibiBowater ad hoc bondholder group in AbitibiBowater’s Chapter 11 case.
  • Werner Ladder Official Committee of Unsecured Creditors in Werner Ladder Corp.’s Chapter 11 case.
  • SportsDirect in the restructuring of Eastern Outfitters LLC.
  • Metropolitan Life Insurance Company as a creditor in General Growth Properties’ Chapter 11 filing.
  • General Motors Corp. ad hoc bondholder group in GM’s Chapter 11 Case.
  • City of Chicago in the United Airlines chapter 11.
  • American Fiber Resources ad hoc bondholder group.

Nancy’s experience also involves representing investors in number cases including:

  • Bayside Capital in the Protocol Communications, Inc. Chapter 11 reorganization.
  • Bayside Capital in its investment in Aluminum Shapes.
  • Allied Capital Corporation in restructuring its investment in Jakel, Inc.
  • Allied Capital Corporation in its investment in Ace Products.
  • Gibson Guitar in its purchase of the assets of Baldwin Piano & Organ out of a Chapter 11.
  • H.I.G. Capital in its investment in Personal Optics and its investment in Rennhack Marketing Services.
  • Salus Capital Partners in the restructuring of its loan to Frederick’s of Hollywood.
  • Salus Capital Partners in its pre-petition and debtor-in-possession financing to Anna’s Linens.
  • Ultimate Resorts in its acquisition of the Tanner & Haley assets out of Chapter 11.
  • Larry Winget as the equity owner in the Venture Industries Chapter 11 case.

Alerts and Publications

The Cramdown Podcast: Lender On Lender Violence

December 3, 2020

The Cramdown Podcast: Financial Distress in Higher Education

October 2, 2020

The Cramdown: A New Podcast from O’Melveny’s Restructuring Group

September 14, 2020

Private Equity: Distress Implications of COVID-19

July 24, 2020

The Wall Street Journal: Viewpoint- Sports Venues Face Possibility of Restructuring Amid Coronavirus Fallout

May 26, 2020

Bankruptcy Courts Are Split on Whether a Chapter 11 Debtor Is Eligible for a PPP Loan Under the CARES Act

May 12, 2020

Steps and Measures for Lenders During COVID-19 Part I: Lender Liability

April 1, 2020

Fiduciary Duties in Sponsor-Owned Companies: COVID-19

March 26, 2020

Practical Considerations for Directors: COVID-19

March 25, 2020

The Sixth Circuit Shifts Some Power from the Bankruptcy Court Back to FERC in Determining Whether Rejection of Power Purchase Agreements Is Appropriate

December 18, 2019

In the News

Law360: MVP - O’Melveny’s Nancy Mitchell

October 22, 2020

Law360: Remington’s Ch. 11 Sale OK’d Over Sandy Hook Objections

September 29, 2020

Debtwire Radio: Absolute Priority: Debtor Eligibility for the Paycheck Protection Program

May 27, 2020

Daily Journal: ‘Meeting the moment’: O’Melveny resuscitates hospitals

April 8, 2020

The Wall Street Journal: Newsom Slams PG&E Insurance Deal as Wildfire Settlement Takes Shape

December 4, 2019

Law360: PG&E Judge Worries Victims May Wait 10 Years On Payouts

December 4, 2019

Law360: MVP: O’Melveny’s Nancy Mitchell

December 3, 2019

Law360: Law360 MVP Awards Go To Top Attorneys From 76 Firms

November 11, 2019

S&P Global: ‘What Happens if We Do Nothing?’: Calif. Senators Weigh Wildfire, Utility Crises

May 9, 2019

Los Angeles Times: Newsom’s Office Implores Court to Give Wildfire Victims a Voice in PG&E Bankruptcy Case

February 1, 2019

San Francisco Chronicle: Newsom Asks PG&E Bankruptcy Judge to Include Customers, Employees

February 1, 2019

Crain’s New York Business: Crain’s 2019 Notable Women in Law

December 31, 2018

Press Releases