Shawn R. Fox Counsel

Shawn focuses his practice on bankruptcy and financial restructuring matters, including representing corporate debtors, creditors, committees, shareholders, asset acquirers, and other parties in interest in out-of-court workouts and Chapter 11 cases in bankruptcy courts throughout the United States.

He also has vast experience in all aspects of debt enforcement through Article 9 of the Uniform Commercial Code and other creditor’s rights laws, including under the New York Civil Practice Law and Rules.

Prior to joining McGuireWoods, Shawn clerked for the Honorable Robert E. Gerber of the U.S. Bankruptcy Court for the Southern District of New York.

Experience

Represent independent directors in breach of fiduciary duty, unlawful dividend, and fraudulent transfer litigation in Orion Healthcorp, Inc.

Counsel to Arena Investors, LP as secured creditor in various in and out-of-court enforcement actions and restructurings, including Article 9 foreclosures.

Counsel to various business development corporations in restructurings and Article 9 sales (both public and private) regarding their borrowers.

Counsel to Canadian-chartered bank as creditor, derivative counterparty, and adversary defendant in Lehman Bros. bankruptcy and SIPA cases, Lehman Bros. International (Europe) insolvency, Rothstein Rosenfeldt Adler, P.A. bankruptcy case, Banyon Funds bankruptcy cases, Enron Corporation Chapter 11 case, and Kaupthing Bank insolvency (Iceland).

National counsel for leading financial institution as custodian in connection with judgment enforcement actions and receivership actions.

Representation of Workflow Holdings, Inc. as Chapter 11 debtor.

Representation of Greenbrier Hotel Corporation as Chapter 11 debtor.

Representation of Plan Administrator in ASARCO LLC Chapter 11 cases.

Representation of commodity customers with substantial claims in MF Global Inc. SIPA proceeding. MF Global Holdings Ltd Chapter 11 case, and MF Global UK Limited insolvency special administration.

Special Litigation Counsel for Qimonda North America Corp. and Qimonda Richmond, LLC in Chapter 11 cases.

Counsel to unsecured creditors committee in U.S. Energy Biogas Corp. Chapter 11 cases.

Representation of majority equity holder in Heartland Automotive Services, Inc. Chapter 11 case.

Representation of bank as administrative and collateral agent in out-of-court workout of $175 million of debt of major dairy corporation.

Representation of financially distressed American Fiber Resources in its $200 million sale to Canadian strategic buyer SFK Pulp.

Representation of Vernon Downs Acquisition LLC in its successful acquisition of Mid-State Raceway through a competing Chapter 11 plan.

Representation of Halcyon (as debtor's largest shareholder) in successful Chapter 11 plan litigation and negotiation in the multibillion-dollar solvent debtor case of NextWave.

Representation of a member of the official committee of equity holders in the Chapter 11 case of Anaconda, a financially distressed hedge fund manager.

Representation of several multibillion-dollar hedge funds in evaluating investments in financially distressed companies.

Several out-of-court acquisitions or recapitalizations of privately held companies in financial distress in various industries, including healthcare, manufacturing, and telecommunications.

  • University of Connecticut School of Law, JD, Lead Articles Editor, Connecticut Insurance Law Journal, 2002
  • Binghamton University, State University of New York, BA, English Literature and Rhetoric/Political Science, 1999

Member, American Bankruptcy Institute

  • New York
  • Connecticut
  • U.S. Court of International Trade
  • U.S. Court of Appeals for the 2nd Circuit

Named to "New York Super Lawyers" 2018-2019; "New York Rising Stars," 2014-2017; Bankruptcy: Business, Super Lawyers, Thomson Reuters

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