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Dion W. Hayes

Partner

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Practices
Industries
Education
  • The College of William & Mary Law School, JD, 1992
  • University of Virginia, BA, 1989
Admissions
  • New York
  • District of Columbia
  • Maryland
  • Virginia
  • U.S. Court of Appeals for the 2nd Circuit
  • U.S. Court of Appeals for the 4th Circuit
  • U.S. Court of Appeals for the 5th Circuit
  • U.S. Court of Appeals for the 7th Circuit
Affiliations

Member, American Bankruptcy Institute

Member, Section of Bankruptcy, Virginia State Bar

Member, New York State Bar Association

Member; Past Chair, Section of Bankruptcy, Richmond Bar Association

Board of Editors, The Bankruptcy Strategist, Law Journal Newsletters

Associate Editor, American Bankruptcy Institute Journal

Past Director, American Board of Certification

Past President and Director, Virginia Business Finance and Turnaround Association

Advisory Board, "Views from the Bench" Annual Seminar, American Bankruptcy Institute and Georgetown University Law Center

Certified in Business Bankruptcy Law by the American Board of Certification, an affiliate of the American Bankruptcy Institute and Commercial Law League of America (there is no procedure in the Commonwealth of Virginia for approving certifying organizations).

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Dion serves as chair of the firm's restructuring and insolvency department, which has approximately 35 attorneys. For 20 years, he has focused his practice on insolvency law and financial restructuring, including bankruptcy, out-of-court workouts, distressed asset acquisitions and recapitalizations, and related litigation. He is experienced in representing corporate debtors, official and unofficial committees of creditors or equity holders, asset acquirers, post-confirmation plan administrators, liquidating trustees, indenture trustees, secured lenders, and other stakeholders, in bankruptcy courts and other courts throughout the United States. He has recently appeared in bankruptcy courts and other federal courts in Delaware, New York, Texas, and Virginia. He also has substantial cross-border insolvency experience.

vCard
T: +1 804 775 1144F: +1 804 698 2078dhayes@mcguirewoods.comOne James Center
901 East Cary Street
Richmond, VA 23219-4030
T: +1 212 548 2100F: +1 212 548 21501345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

Wintergreen Partners, Inc. in distress merger with affiliate of James C. Justice Companies, Inc.

Commodity customers with substantial claims in MF Global Inc. SIPA proceeding (S.D. N.Y), MF Global Holdings Ltd. Chapter 11 case (S.D. N.Y.), and MF Global UK Limited insolvency special administration (UK).

Plan Administrator in ASARCO LLC Chapter 11 case (S.D. Tex.).

Special Counsel for Qimonda North America Corp. and Qimonda Richmond, LLC in Chapter 11 cases (D. Del.) and in Qimonda A.G. Chapter 15 case (E.D. Va.).

Greenbrier Hotel Corporation as Chapter 11 debtor (E.D. Va.).

S&K Famous Brands, Inc. as Chapter 11 debtor (E.D. Va.).

LandAmerica Financial Group, Inc. as Chapter 11 debtor (E.D. Va.).

Circuit City Stores, Inc. as Chapter 11 debtor (E.D. Va.).

Canadian-chartered bank or its affiliates as creditor, derivative counterparty, and/or adversary defendant in Lehman Bros. Chapter 11 cases (S.D. N.Y.), Lehman Bros. International (Europe) insolvency (UK), Enron Corporation Chapter 11 case (S.D. N.Y.), Adelphia Communications Corporation Chapter 11 case (S.D. N.Y.), and Kaupthing Bank insolvency (Iceland), and Rothstein Rosenfeldt Adler, P.A. (S.D. Fla.).

Several unsecured creditors in Calpine Corporation Chapter 11 case (S.D. N.Y.).

AMF Bowling Worldwide, Inc. as Chapter 11 debtor (E.D. Va.).

Majority equity holder in Heartland Automotive Services, Inc. Chapter 11 case (N.D. Texas).

Best Products as Chapter 11 debtor (E.D. Va.).

Heilig-Meyers Company as Chapter 11 debtor (E.D. Va.).

Motient Corporation as Chapter 11 debtor (E.D. Va.).

Unsecured creditors committee in U.S. Energy Biogas Corp. Chapter 11 case (S.D. N.Y.).

Unsecured creditors committee in Schwinn Bicycle Company Chapter 11 case (N.D. Ill.).

Unsecured creditors committee in Fasmart Convenience Stores Chapter 11 case (E.D. Va.).

Joint Liquidators for Bermuda reinsurance company as petitioners in Section 304 ancillary proceeding (E.D. Va.).

Post-confirmation Liquidating Trustee in The Austin Company Chapter 11 case (N.D. Ohio).

Section 363 acquirer of fossil fuel power plants in USGen New England, Inc. Chapter 11 case (D. Md.).

Section 363 acquirer in Environmental Elements Corporation Chapter 11 case (D. Md.).

Unsecured creditor and adversary defendant in Mirant Corporation Chapter 11 case (N.D. Tex.).

Bank in Open Plan Systems, Inc. Chapter 11 case (E.D. Va.).

Trade claimant with setoff claim in WorldCom, Inc. Chapter 11 case (S.D. N.Y.).

Several out-of-court acquisitions or recapitalizations of privately held companies in financial distress in various industries, including health care, manufacturing, and marketing services.

Shareholders in closely held Michigan corporation in transferee liability suit in U.S. Tax Court.

Underwriter and indenture trustee as plaintiffs in U.S. District Court (W.D. Va.) action against issuer of defaulted municipal bonds.

Selected for inclusion in The Best Lawyers in America, Bankruptcy and Creditor/Debtor Rights, Woodward/White, Inc., 2006-2013

Named to "Virginia Super Lawyers," Bankruptcy & Creditor/Debtor Rights, Banking, Business Litigation, Super Lawyers, Thomson Reuters, 2007-present

Named to Virginia's "Legal Elite," Bankruptcy Law, Virginia Business, 2007-present

Co-author, "Damages Control: How to Use Nonbankruptcy Claims Facilities to Resolve Mass Tort Liabilities," Corporate Counsel, March 2011
Co-author, "Reorganization," Bankruptcy in Virginia, Virginia CLE, The Virginia Law Foundation, Chapter 10, 2011
Co-author, "Substantial Contribution Claims: Causation is Outcome Determinative," The Bankruptcy Strategist, (Law Journal Newsletters), December 2010
Co-author, "The Return of the Solvent Debtor Doctrine?: Claims of Oversecured Creditors for Unreasonable Prepayment Penalties," The Bankruptcy Strategist, (Law Journal Newsletters), February 2008
Speaker, "Current Issues in 363 Sales," Tidewater Bankruptcy Bar Association, January 25, 2008
Speaker, "Complex Financial Restructuring Program," American Bankruptcy Institute, September 7, 2007
Speaker, "Bankruptcy Litigation," American Bankruptcy Institute, July 28, 2007