Dion W. Hayes

Partner

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Practices
Industries
Education
  • 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

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).

Dion serves as chair of the firm's 40-attorney Restructuring and Insolvency Department. Since 1992, 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 has represented debtors, official and unofficial committees of creditors or equity holders, senior lenders and administrative agents, Section 363 purchasers, post-confirmation plan administrators, liquidating trustees, and bond holders, in bankruptcy courts and other courts throughout the United States. He has represented clients with respect to derivative terminations in insolvency cases, as litigation targets in large Ponzi scheme cases, and in cross-border insolvency cases. He has led recent restructuring engagements in the following industries - energy, coal and metals mining, semiconductor, print media, health care, and hospitality. He has recently appeared in bankruptcy courts and other federal courts in Delaware, Florida, New York, Texas, and Virginia.

"Department head Dion Hayes has a national bankruptcy practice. He is experienced in insolvencies, restructurings, workouts and distressed sales for all bankruptcy parties. He is held in high esteem by clients and peers for his work, with one source stating: 'He very effectively balances a commercial mindset with a keen understanding of legal risk to help us craft our strategies. He is also very effective in the courtroom as an advocate.'"—Chambers USA

In the News

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T: +1 804 775 1144F: +1 804 698 2078Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916
T: +1 212 548 2100F: +1 212 548 21501345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

DIP lenders in Patriot Coal II (E.D. Va.) and Alpha Natural Resources (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.), Kaupthing Bank insolvency (Iceland), and Rothstein Rosenfeldt Adler, P.A. (S.D. Fla.).

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.).

AMF Bowling Worldwide, Inc. as Chapter 11 debtor (in 2001 and 2012) (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.).

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.).

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

Selected for inclusion in The Best Lawyers in America, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2006-2017; Litigation - Bankruptcy, 2017 Woodward/White, Inc.

Selected for inclusion in America's Leading Lawyers for Business, Bankruptcy/Restructuring (Band 1), Virginia, Chambers USA, 2016

Named to "Virginia Super Lawyers," Bankruptcy & Creditor/Debtor Rights, Banking, Business Litigation, Super Lawyers, Thomson Reuters, 2007-2016

Named to "Legal Elite," Bankruptcy Law, Virginia Business, 2007-2016

Co-author, "Seventh Circuit Stumble," The Bankruptcy Strategist, October 2013
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
Speaker, "Environmentally Contaminated Properties in Bankruptcy," National Conference of Bankruptcy Judges, October 26-29, 2016
Speaker, "Hot Topics in Energy Chapter 11 Cases," American Bankruptcy Institute, Southeast Workshop, July 22-23, 2016
Speaker, "Current Discovery Issues in Bankruptcy Litigation," American Bankruptcy Institute – NYC Conference, May 12, 2016
Speaker, "Mediation in Chapter 11," American Bankruptcy Institute, Mid-Atlantic Conference, August 7, 2015
Speaker, Restructuring, Insolvency and Investment in the Oil & Gas Industry, McGuireWoods Webinar, April 16, 2015
Speaker, "Employment and Benefits Issues in Chapter 11," American Bankruptcy Institute, Southeast Workshop, July 25-26, 2014
Speaker, "Anatomy of a Ponzi Scheme," International Bar Association Annual Conference, Insolvency Section, October 8, 2013
Speaker, "Ponzi Scheme Bankruptcies," Mid-Atlantic Institute on Bankruptcy and Reorganization Practice, September 20, 2013