Douglas M. Foley Partner

Doug 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 Toys "R" Us, Inc., Workflow Management Inc., 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. He also served as chairperson of McGuireWoods’ Restructuring and Insolvency Department from September 2006 through August 2012.

In 2011, Doug was inducted into the American College of Bankruptcy (Class XXII) and is currently the Regent for the Fourth Circuit and D.C. He is 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 also a past chairperson of the Virginia State Bar Bankruptcy Law Section Board of Governors.

Following law school, Doug served as a law clerk for the Honorable Loren A. Smith, Chief Judge at the U.S. Court of Federal Claims, and for the Chief Judge Douglas O. Tice Jr. of the U.S. Bankruptcy Court in the Eastern District of Virginia.

Experience

Representing large Chapter 11 debtors, committees, secured lenders, buyers, trustees, trade creditors and landlords in all areas of insolvency and debtor-creditor law.

  • George Mason University School of Law, JD, with Distinction; Member and Production Editor, George Mason Law Review, 1992
  • Mary Washington College, BA, cum laude, 1988

American Bankruptcy Institute, Board of Directors 2017-present

American Bankruptcy Institute, Co-Chair, Legislation Committee 2016-2018

American College of Bankruptcy, Regent (4th Circuit and DC) 2018-present

Fellow, American College of Bankruptcy (Class XXII)

Lifetime Member & Board of Directors, American Bankruptcy Institute

Chairperson, 2012-2013; Board of Governors, Bankruptcy Law Section, Virginia State Bar, 2012-2013

Member, Bankruptcy Law Section Council, Virginia Bar Association, 2001-2004

Past President, Tidewater Bankruptcy Bar Association, 2002-2003

Member, Leadership Hampton Roads, Class of 2000

  • Speaker, "Bankruptcy Litigation – Topics, Trends, Practice Pointers ," 2019 American Bankruptcy Institute Mid-Atlantic Meeting, Hershey, PA, August 2, 2019
  • Speaker, Charlottesville VA CLE, November 2018
  • Panelist, "Anticipating Lender Liability Claims - Predicting Punches," American Bankruptcy Institute 2017 Annual Spring Meeting: What Layers and FAs Must Know to Represent Secured Creditors Successfully, April 22, 2017
  • Moderator, "The Details of Retail: Can You Reorganize Middle Market Retailers?," 12th Annual Mid-Atlantic Bankruptcy Workshop, August 2016
  • Speaker, "Retail Bankruptcy Primer," Retail Bankruptcy: Fundamental Series, Gerson Lehrman Group, Inc. Webcast, March 3, 2016
  • Speaker, Eye on Bankruptcy: Leading Bankruptcy Opinions from 2015 and Looking Ahead to 2016, Bloomberg Law Webinar, January 28, 2016
  • Speaker, "Maximizing The Value of IP Rights For The Benefit of Unsecured Creditors," Winter Leadership Conference, American Bankruptcy Institute, La Quinta, California, December 6, 2014
  • Speaker, "Fraudulent Transfers and Ponzi Schemes," Bankruptcy 2014 Views From The Bench, American Bankruptcy Institute, Georgetown University Law Center, October 24, 2014
  • Panel Speaker, "Issues Arising in a Hypothetical Chapter 11 Bankruptcy of an E-Commerce Company: Corporate Governance, Fiduciary Duties, and Third Party Releases," 29th Annual Mid-Atlantic Bankruptcy Institute on Bankruptcy and Reorganization Practice, Boar’s Head Inn, Charlottesville, Virginia, September 19-20, 2014
  • Speaker, "Shakedowns vs. Pursuing Justice: The Current Landscape of Avoidance Actions Defenses Under 546(e) and 548(c)," United States Law Firm Group, San Francisco, California, September 11-13, 2014
  • Speaker, "CARE Giving: Preserving The Next Generation’s Financial Future," CARE (Credit Abuse Resistance Education); Financial Literacy Conference: School Without Walls, Washington, D.C., September 5, 2014
  • Speaker, "Municipal Insolvencies - The Mystery of Chapter 9 Revealed," The Walter Chandler American Inn of Court, March 19, 2014
  • Speaker, "Individual Chapter 11s: They’re Not Big 13s," Bankruptcy 2013 Views from the Bench, The American Bankruptcy Institute, September 27, 2013
  • Speaker, "Issues Relating to Leveraged Buy-Outs in Chapter 11 and Successor Liability in Section 363 Sales," 28th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice, September 20-21, 2013
  • Speaker, "Views from the Bank: Trends and Views of Lenders on Workouts and Bankruptcy DIP Financing," The American Bankruptcy Institute 9th Annual Mid-Atlantic Bankruptcy Workshop, August 2013
  • Speaker, "Ethics: Who Is the Client? Representation of Creditors in Chapter 11 Cases; and Dealing with Difficult Clients," 26th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice, September 2011
  • Speaker, "Official Committees of Unsecured Creditors and Chapter 11 Cases," Tidewater Bankruptcy Bar Association's Annual Spring Meeting, June 3, 2011
  • Speaker, "Advanced Chapter 11 Issues," 25th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice, September 24-25, 2010
  • Speaker, "Retail Bankruptcies: Is Reorganization a Thing of the Past," 15th Annual Southeast Bankruptcy Workshop, July 17, 2010
  • Speaker, "Ethics: Conflicts of Interests Issues and Related Matters," TBBA 18th Annual Tidewater Bankruptcy Conference, January 22, 2010
  • Speaker, "Landlord vs. Debtor Tenant: Does the Landlord Have a Fighting Chance?," 24th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice, September 26, 2009
  • Speaker, "To Pay or Not to Pay - The Great Stub-Rent Debate: Application of §365(d)(3) to Commercial Leases in Bankruptcy," 12th Annual Bankruptcy Law Conference, April 25, 2009
  • Speaker, Hit the Breaks: Why Bankruptcy Beats Auto Bailout, Heritage Foundation, February 27, 2009
  • Speaker, "Bankruptcy Appeals and Litigation Issues," 17th Annual TBBA Seminar, February 6, 2009
  • Panel Moderator, "Venue Issues in Chapter 11 Filings," 13th Annual Southeast Bankruptcy Workshop, July 19, 2008
  • Speaker, "Recent Development in Business Bankruptcy," 22th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice, September 29, 2007
  • Panel Speaker, "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 , July 29, 2005
  • New York
  • North Carolina
  • District of Columbia
  • Virginia
  • U.S. Supreme Court
  • North Carolina - All State and Federal Courts
  • U.S. Court of Appeals for the 4th Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Federal Claims
  • Virginia (All State and Federal Courts)
  • U.S. District Court for the District of Columbia

AV Rated, Martindale-Hubbell

Washington, D.C.'s Best Lawyers: Bankruptcy, Washingtonian Magazine, 2019

Named "Lawyer of the Year," Litigation - Bankruptcy, Norfolk, Best Lawyers, 2015, 2017, 2020

Selected for inclusion in "The Best Lawyers in America," Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Litigation - Bankruptcy, Woodward/White, Inc., 2005-2020

Named a Client Service "All-Star," BTI Consulting, 2018

Named to "Washington, D.C. Super Lawyers," Bankruptcy: Business, Super Lawyers, Thomson Reuters, 2014-2019

Selected for inclusion in America's Leading Lawyers for Business, Bankruptcy/Restructuring, District of Columbia, Chambers USA, 2016-2019

Named to "Legal Elite," Business Law, 2006-present and Bankruptcy and Creditor's Rights, 2003-2014, Virginia Business

Master, Walter Chandler American Inn of Court, Washington, D.C., 2013-present

Named to “Virginia Super Lawyers,” Bankruptcy and Creditor/Debtor Rights, Super Lawyers, Thomson Reuters, 2006-2019

Named "Norfolk Best Lawyers: Bankruptcy and Creditor-Debtor Rights Lawyer of the Year," Best Lawyers, 2011

Inducted into the American College of Bankruptcy Class 22, 2011

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