Lawyers / Professionals

 
Douglas M. Foley       
Partner
World Trade Center
101 West Main Street, Suite 9000
Norfolk, Virginia 23510-1655
T: 757.640.3715
F: 757.640.3957
dfoley@mcguirewoods.com

One James Center
901 East Cary Street
Richmond, Virginia 23219-4030
T: 804.775.1150
F: 757.640.3957
 

Chairman of the firm's Restructuring and Insolvency Department, Mr. Foley has substantial experience representing large and small creditors and debtors in a variety of business chapter 11 proceedings throughout the United States. He has had significant involvement in many of the largest chapter 11 cases filed in the Eastern District of Virginia, including Circuit City Stores, Inc., Movie Gallery, Inc., Rowe Furniture, Inc., US Airways Group, Inc.; AMF Bowling Worldwide, Inc.; Best Products Company, Inc.; Heilig-Meyers Company; Trak Auto Corporation; and FasMart Convenience Stores.

In 2001, he became certified in business bankruptcy law by the American Board of Certification Standards Committee, an affiliate of the American Bankruptcy Institute. He focuses his practice on all aspects of insolvency and debtor-creditor issues and has spoken at various bankruptcy bar and trade association meetings on bankruptcy topics.

He is a past president of the Tidewater Bankruptcy Bar Association and is a past member of the Virginia Bar Association Bankruptcy Law Section Council from 2000-2004. He is also a current member of the Virginia State Bar Bankruptcy Law Section Board of Governors.


Practices & Industries
Firm Management
  • Chair, Restructuring & Insolvency Department

Honors
  • AV Rated, Martindale-Hubbell
  • Named One of the "Best Lawyers in America," Woodward/White, Inc., 2005-2011
  • Named One of Virginia's "Legal Elite," Virginia Business, Business Law, 2006; Bankruptcy and Creditors' Rights, 2003-2010
  • Named a Virginia "Super Lawyer," Law & Politics, 2006-2010; Corporate Counsel Edition, 2009-2010

Previous Experience
  • Law Clerk, the Hon. Loren A. Smith, Chief Judge, U.S. Court of Federal Claims, Washington, D.C., 1993-1994
  • Law Clerk, the Hon. Douglas O. Tice, Jr., Chief Judge, U.S. Bankruptcy Court, Eastern District of Virginia, 1992-1993

Publications
  • "The Demise of Credit Bidding at Plan Sales: So What Constitutes the 'Indubitable Equivalent' of a Secured Creditor's Claim?" Virginia Lawyer (Volume 59/No. 1) June/July 2010
  • "New Dilemmas for Vendors in Retail Bankruptcies," Bankruptcy Law News (Volume XXIV, No. 2) Summer 2009
  • "Prepacks on the Rise in Chapter 11 Bankruptcies - Prenegotiated Plans Can Accelerate Reorganizations" (Co-authored with James E. Van Horn, Esq.), The Journal of Corporate Renewal (TMA), August 2008
  • Enforcement of Judgments and Liens in Virginia, Virginia CLE, The Virginia Law Foundation, Chapter 2, "Enforcement of Security Interests," 2006
  • "Enforcing Divorce Contracts in Bankruptcy: Catron vs. Catron," Virginia Bar Association Journal, Summer 1994
  • "Infants, Lost Earning Capacity, and Statistics: Sound Methodology or Smoke and Mirrors?," 13 Geo. Mason U. L. Rev. 827, 1991

Speaking Engagements
  • "Retail Bankruptcies: Is Reorganization a Thing of the Past?" 15th Annual Southeast Bankruptcy Workshop, Amelia Island, Florida, July 14-17, 2010
  • "Ethics: Conflicts of Interests Issues and Related Matters," TBBA 18th Annual Tidewater Bankruptcy Conference, Norfolk, Virginia, January 22, 2010
  • "Retail Bankruptcies Revisited Post-BAPCPA - A New Paradigm for Reclamation Creditors and Vendors? Part I," 24th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice, The Boar's Head Inn, Charlottesville, Virginia, September 24-26, 2009
  • "Landlord vs. Debtor Tenant: Does the Landlord Have a Fighting Chance?, Part II," 24th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice, The Boar's Head Inn, Charlottesville, Virginia, September 24-26, 2009
  • "To Pay or Not to Pay - The Great Stub-Rent Debate: Application of §365(d)(3) to Commercial Leases in Bankruptcy" at the 12th Annual Bankruptcy Law Conference, Duck, North Carolina, April 25, 2009
  • "Hit the Brakes: Why Bankruptcy Beats Auto Bailouts," Heritage Foundation, Washington, D.C., February 27, 2009
  • "Bankruptcy Appeals and Litigation Issues," 17th Annual TBBA Seminar, Norfolk Waterside Marriott, February 6, 2009
  • "Venue Issues in Chapter 11 Filings," ABI's 13th Annual Southeast Bankruptcy Workshop (Panel Moderator), Amelia Island, Florida, July 16-19, 2008
  • "Recent Developments in Business Bankruptcy Law," Northern Virginia Bankruptcy Bar Association Meeting, Army Navy Country Club, Fairfax, Virginia, October 18, 2007
  • "Recent Development in Business Bankruptcy," 22nd Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice, The Boar's Head Inn, Charlottesville, Virginia, September 28-29, 2007
  • "Recent Developments & Recurring Issues in Bankruptcy Ethics," VBA's 10th Annual Bankruptcy Law Conference, The Tides Inn, Irvington, Virginia, April 20-21, 2007
  • "Ten Major Themes in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 for Business Bankruptcies and a Few Other Issues of Interest," ABI's 10th Annual Southeast Bankruptcy Workshop (Panel Speaker), Kiawah Island, South Carolina, July 29, 2005
  • "The Crossroads Between Bankruptcy Law and Non-Bankruptcy Litigation: How to Plan for and Deal with the Bankruptcy of the Litigant," Virginia State Bar 67th Annual Meeting, June 17, 2005
  • "Electronic Filing - Ethical Issues for Today's Bar," VBA's 8th Annual Bankruptcy Law Conference, April 15-16, 2005
  • "Ethical Issues and Considerations with Respect to Case Management and Electronic Case Filing," TBBA 13th Annual Bankruptcy Conference, Norfolk, Virginia, December 3, 2004
  • "Recent Developments," 19th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice, The Boar's Head Inn, Charlottesville, Virginia, September 10-11, 2004
  • "Ethical Issues in Bankruptcy Auction Sales," VBA's 7th Annual Bankruptcy Law Conference, April 23-25, 2004
  • "Litigious Issues in Chapter 11," TBBA 12th Annual Bankruptcy Conference, Norfolk, Virginia, December 5, 2003
  • "CM/ECF - Adjusting to the 'Paperless' Courthouse," ABI's 8th Annual Southeast Bankruptcy Workshop, Amelia Island, Florida, August 2, 2003

Certifications
  • Certified, Business Bankruptcy Law, American Board of Certification, Affiliate of the American Bankruptcy Institute and Commercial Law League of America, 2001-Present

Professional Affiliations
  • American Bankruptcy Institute
  • Board of Governors, Virginia State Bar Bankruptcy Law Section, 2006-Present
  • Bankruptcy Law Section Council, Virginia Bar Association, 2001-2004
  • Past President, Tidewater Bankruptcy Bar Association, 2002-2003
  • Leadership Hampton Roads, Class of 2000
 

EDUCATION

George Mason University School of Law, Arlington, Virginia, J.D., with Distinction (top 5%), 1992

  • Production Editor, George Mason Law Review, 1991-1992
  • Member, George Mason Law Review, 1990-1992

University of Mary Washington, Fredericksburg, Virginia, B.A., cum laude, 1988

 
 

ADMITTED

U.S. Supreme Court 2000

Virginia 1992 (All State and Federal Courts)

North Carolina 1999 (All State and Federal Courts)

New York 2010

U.S. Court of Appeals for the 4th Circuit 1993

U.S. Court of Appeals for the Federal Circuit 1994

U.S. Court of Federal Claims 1994

 

PLACE OF BIRTH

Yokosuka, Japan (United States Naval Hospital)