Douglas M. Foley Partner

• Restructuring & Insolvency
• Commercial Litigation
• Corporate
• Securities & Capital Markets
• Real Estate Finance
• Distressed Real Estate
• Construction

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

Board of Directors, American College of Bankruptcy, 2023-2024

Adjunct Professor, Bankruptcy Law, Georgetown University Law Center, Spring 2023

American Bankruptcy Institute, Board of Directors 2017-2023

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

American College of Bankruptcy, Regent (4th Circuit and DC) 2018-2022

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, "Use of Independent Directors and Board Committee in Chapter 11 Cases,” and Moderator, “Trial Practice Pointers for Evidentiary Hearings in Bankruptcy Court," 37th Mid-Atlantic Institute on Bankruptcy and Reorganization Practice, Boar’s Head Resort, Charlottesville, VA, September 9, 2022
• Speaker, "The state of the United States Bankruptcy Court for the Eastern District of Virginia for Fiscal Year 2021," Bankruptcy Section Annual Meeting & CLE, Richmond Bar Association, May 24, 2022
• Panelist, "‘Pre-Packs’ – What is in a Name?," 36th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice 2021, Charlottesville, VA, September 10, 2021
• Moderator, "You Can Use Section 363 for That?," 2019 National Conference of Bankruptcy Judges, November 1, 2019
• Speaker, "The U.S. Economy — Facts Are Stubborn Things," 34th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice, Boar’s Head Inn, Charlottesville, VA, September 13-14, 2019
• 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

• Hon. Loren A. Smith, U.S. Court of Federal Claims, 1993-1994
• Hon. Douglas O. Tice, U.S. Bankruptcy Court for the Eastern District of Virginia, 1992-1993

• Financial Institutions
• Transportation
• Aviation
• Real Estate Capital Markets

• 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. District Court for the District of Columbia
• U.S. District Court for the District of Maryland
• U.S. Court of Federal Claims
• Virginia (All State and Federal Courts)

The rules of professional conduct in some jurisdictions require disclosure of selection methodology for certain public accolades and recognitions. Click here to view available selection methodologies.

Selected for inclusion in America's Leading Lawyers for Business, Bankruptcy/Restructuring, District of Columbia, 2016-2021, Band 2, 2022; Virginia, 2023, Chambers USA

AV Preeminent Rated, Martindale-Hubbell, 2020-2023

Named to "Legal Elite," Business Law, 2006-2021, Bankruptcy and Creditor's Rights, 2003-2014, 2022 Virginia Business

Selected for inclusion in "The Best Lawyers in America," Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Litigation - Bankruptcy, Woodward/White, Inc., 2005-2023

Named to “Virginia Super Lawyers,” Bankruptcy and Creditor/Debtor Rights, Super Lawyers, Thomson Reuters, 2006-2023

Named to "Washington, D.C. Super Lawyers," Bankruptcy: Business, Super Lawyers, Thomson Reuters, 2014-2022

Selected for inclusion in The Lawdragon 500 Leading U.S. Bankruptcy & Restructuring Lawyers, 2020, 2022

Named "Lawyer of the Year," Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Washington, D.C., Best Lawyers, 2020

Distinguished Rated, Martindale-Hubbell, 2020

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

Washington, D.C.'s Best Lawyers: Bankruptcy, Washingtonian Magazine, 2019, 2020

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

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

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

• Author, Virginia Courts Approve National Rates in Complex Corporate Bankruptcy Cases, McGuireWoods Legal Insights, September 28, 2022
• Author, Fourth Circuit: “Fair Ground of Doubt” Standard Applies to Contempt Allegations in Chapter 11 Cases, McGuireWoods Legal Insights, May 13, 2022
• Co-author, "Aggressive, Extra-Contractual Conduct Leads to “Lender Liability” Judgment," American Bankruptcy Institute Journal, May 2022
• Quoted, "3rd-Party Releases Face Reckoning After Recent Decisions," Law360, February 8, 2022
• Author, Aggressive, Extra-Contractual Conduct Leads to ‘Lender Liability’ Judgment: A Cautionary Tale, McGuireWoods Legal Insights, January 14, 2022
• Author, 3rd Circuit Holds Post-Confirmation, Pre-Effective Date “Claims” Dischargeable in Bankruptcy, McGuireWoods Legal Insights, September 15, 2021
• Author, Usain “Belk” — The Fastest Prepack Alive?, McGuireWoods Legal Insights, March 5, 2021
• Author, Make-Whole Premiums — “What Is in a Name?”, McGuireWoods Legal Insights, February 8, 2021
• Author, New “Fair Ground of Doubt” Standard for Alleged Discharge Violations: Tread Carefully, McGuireWoods Legal Insights, October 30, 2020
• Quoted, "Old Dominion Courts Emerge As New Bankruptcy Hot Spot," Law360, September 18, 2020
• Quoted, "Big-Name Bankruptcies Flock to Two-Judge Court in Virginia," Bloomberg Law, September 15, 2020
• Author, Chapter 11 Debtors Mothball Proceedings to Wait Out COVID-19 Shutdowns, McGuireWoods Legal Insights, April 13, 2020
• Co-author, Tax Certificate Sale and § 362 Automatic Stay Implications, ABI Journal, September 2018
• Co-author, "Nondebtor Transfers Fall Outside the Scope of the Delaware UFTA," ABI Journal, May 2018
• Co-author, "Valuation Conundrums in Crammed-Down Chapter 11 Business Reorganization Cases," ABI Journal, November 2017
• Author, Seventh Circuit Holds that Pre-Bankruptcy Lease Terminations May Be Avoidable, McGuireWoods Legal Insights, March 28, 2016
• Co-Author, "Following Fisker, Your Credit Bid Rights May Be Impaired," Law 360, April 24, 2014
• Author, In re: Fisker Automotive Holdings, Inc. , McGuireWoods Legal Insights, March 17, 2014
• Contributing Author, American College of Bankruptcy – Circuit Review , Fourth Circuit & D.C. Circuit, 2013
• Author, Delaware Bankruptcy Court Cuts Off Electricity Providers’ Access to Section 503(b)(9) of the Bankruptcy Code, McGuireWoods Legal Insights, November 13, 2013
• Author, "Bankruptcy Practice in Virginia," The Virginia Law Foundation, Chapter 10, October 2011
• Author, "The Demise of Credit Bidding at Plan Sales," Virginia Lawyer (Volume 59/No. 1), July 2010
• Author, Update on Partially Secured Creditors Rights in Bankruptcy to Credit Bid, McGuireWoods Legal Insights, March 24, 2010
• Author, Secured Creditors' Right to "Bid In" Claims in Chapter 11 Sales Challenged, McGuireWoods Legal Insights, February 26, 2010
• Author, "New Dilemmas for Vendors in Retail Bankruptcies," Bankruptcy Law News (Volume XXIV, No. 2), Summer 2009
• Author, "Charter, Spectrum Cases Poised To Set Precedent," Bankruptcy Law360, June 8, 2009
• Co-author, "Prepacks on the Rise in Chapter 11 Bankruptcies," The Journal of Corporate Renewal (TMA), August 2008