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Dion W. Hayes
Partner 
One James Center
dhayes@mcguirewoods.com901 East Cary Street Richmond, Virginia 23219-4030 F: 804.698.2078
1345 Avenue of the Americas
7th Floor New York, New York 10105-0106 F: 212.548.2150    |
For 20 years, Mr. Hayes 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, having handled insolvency matters involving proceedings in Bermuda, Canada, Germany, Iceland, and the United Kingdom.
- 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 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)
- 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
- Named One of the "Best Lawyers in America," Bankruptcy and Creditor/Debtor Rights, Woodward/White, Inc., 2006-present
- Named a Virginia "Super Lawyer," Bankruptcy and Creditor/Debtor Rights, 2007-present
- Named One of Virginia's "Legal Elite," Bankruptcy Law, Virginia Business, 2007-present
- "Reorganization," Co-author, Bankruptcy in Virginia, Virginia CLE, The Virginia Law Foundation, Chapter 10, 2011
- "Damages Control: How to Use Non-bankruptcy Claims Facilities to Resolve Mass Tort Liabilities," Co-author, Corporate Counsel, March 2011
- "Substantial Contribution Claims: Causation is Outcome Determinative" Co-authored with K. Elizabeth Sieg, The Bankruptcy Strategist (Law Journal Newsletters), December 2010
- "The Return of the Solvent Debtor Doctrine? Claims of Oversecured Creditors for Unreasonable Prepayment Penalties," Co-authored with Aaron G. McCollough, The Bankruptcy Strategist (Law Journal Newsletters), February 2008
- "The Calpine Case: Court Lacks Subject Matter Jurisdiction to Approve Rejection of Wholesale Power Contracts," The Bankruptcy Strategist (Law Journal Newsletters), Co-authored with Joseph S. Sheerin and Aaron G. McCollough, May 2006
- "Inequitable Subordination," The Bankruptcy Strategist (Law Journal Newsletters), Co-authored with Aaron G. McCollough, January 2006
- "Disallowance and Subordination of Transferred Claims: Looking for Certainty in an Information-Based Marketplace," The Bankruptcy Strategist (Law Journal Newsletters), Co-authored with Aaron G. McCollough, December 2005
- "Perspectives on the Brave New World of Electronic Filing," Co-authored with the Hon. Stephen S. Mitchell, Virginia Lawyer, October 2003
- "Riding the Merry-Go-Round of Financial Advisor Indemnification," Bankruptcy Law News, Virginia State Bar, Fall 2003
- "Bankruptcy Lawyers Better Tune Up Their ADR Skills: Best Products is One Case Where Mediation Really Worked," American Bankruptcy Institute Journal, June 1999
- "Current Developments in Commercial Bankruptcy Cases," Co-authored with John H. Maddock, III, Continuing Legal Education Seminar, Bankruptcy Section, Richmond Bar Association, April 15, 1999
- "Virginia District Court Narrows Scope of Seminole," Cracking the Code, American Bankruptcy Institute, August 28, 1998
- "The Rights of a Non-Bankrupt Defendant in the Event of Bankruptcy of Another Party to Civil Litigation," Co-author, VADA Journal, Fall 1995
- "Bankruptcy: Its Effect on Enforcement of Liens and Judgments," Co-author, Virginia CLE, 1994-Present
- "Current Issues in 363 Sales," Tidewater Bankruptcy Bar Association, Norfolk, Virginia, January 25, 2008
- "Complex Financial Restructuring Program," American Bankruptcy Institute, Las Vegas, Nevada, September 7, 2007
- "Bankruptcy Litigation," Southeast Bankruptcy Workshop, American Bankruptcy Institute, Kiawah, South Carolina, July 26-28, 2007
- "2005 Business Bankruptcy Reform," Virginia Society of CPAs, Williamsburg, Virginia, May 2006
- "Transactional and Jurisdictional Issues in Energy Insolvencies," State Capital Global Law Firm Group, Toronto, Ontario, September 2005
- "2005 Business Bankruptcy Reform," Virginia Society of CPAs, Charlottesville, Falls Church, Richmond, Virginia, September 2005
- "Bankruptcy Issues Relating to Environmental Obligations," Richmond Bar Association, Richmond, Virginia, February 17, 2005
- Panelist, "Workouts, Restructurings and M&A Transaction Alternatives: The Dealmaker's Perspective," Association of the Bar of the City of New York/American Bankruptcy Institute, Investment Banking Committee, New York, New York, September 20, 2004
- "Indemnification and Exculpation of Financial Advisors in Chapter 11," Richmond Bar Association, Richmond, Virginia, January 7, 2003
- Panelist, "Proposed Bankruptcy Reform Legislation," 17th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice, Virginia Law Foundation, Charlottesville, Virginia, September 27, 2002
- Certified in Business Bankruptcy Law by the American Board of Certification, 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.)
- 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
- Past Chair, Richmond Bar Association, Section of Bankruptcy
- Advisory Board, "Views from the Bench" Annual Seminar, American Bankruptcy Institute and Georgetown University Law Center
- American Bankruptcy Institute
- Virginia State Bar, Section of Bankruptcy
- New York State Bar Association
- Richmond Bar Association, Section of Bankruptcy
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EDUCATION William & Mary School of Law, Williamsburg, Virginia, J.D., 1992 University of Virginia, Charlottesville, Virginia, B.A., 1989 ADMITTED New York Virginia Maryland District of Columbia 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 |