Lisa M. Schweitzer’s practice focuses on financial restructuring, bankruptcy, insolvency and commercial litigation.
She has advised clients in some of the most high-profile bankruptcy matters in North America, and her work repeatedly has been recognized by the business and legal press, including The American Lawyer, which previously named her a “Dealmaker of the Year.” Among her many highlights, Lisa is lead U.S. restructuring counsel to Nortel Networks Inc. and affiliates in their U.S. Chapter 11 proceedings. She has extensive experience advising corporate debtors, individual creditors and strategic investors in both U.S. Chapter 11 proceedings and restructurings in other jurisdictions in North America, Europe and Asia. Lisa also has represented several companies seeking to acquire distressed assets in bankruptcy proceedings.
Lisa joined the firm in 1996 and became a partner in 2006.
Notable Experiences
LATAM Airlines Group and its affiliates in Chile, Peru, Colombia, Ecuador, and the United States in the voluntary reorganization and restructuring of their debt under Chapter 11 protection in the United States.
Barclays Capital in its acquisition of Lehman Brothers’ North American investment banking and capital markets assets, and a $450 million debtor-in-possession financing facility provided to Lehman.
Inversiones Alsacia and Express de Santiago Uno and their affiliates in their prepackaged Chapter 11 reorganization, the first Chapter 11 case filed by a Chilean company since 2002.
A large ad hoc group of bondholders in connection with the successful restructuring of Maxcom Telecomunicaciones through a prepackaged Chapter 11 proceeding.
Nortel Networks Inc. and affiliates in their U.S. Chapter 11 proceedings.
Major roles in connection with the bankruptcies of Adelphia Communications, Refco, Delta Airlines and Northwest Airlines. Additionally, she has counseled various clients with respect to the subprime crisis, including representing a major financial institution in managing its exposure and resolving claims against various mortgage originators.
Selected Activities
- Member, Attorney Liaison Group, U.S. Bankruptcy Court for the Southern District of New York and Office of the United States Trustee for Region 2
- Fellow, American College of Bankruptcy
- Director, Mobilization for Justice (formerly MFY Legal Services, Inc.)
Publications
“Cross Border Restructuring & Insolvency 2012-2022: Cases and Developments,” Wolters Kluwer, June 13, 2023
“Bankruptcy: Considerations and Strategies for Directors and Officers of Multinational Companies Seeking to Restructure,” (co-author with Richard J. Cooper and John Veraja), The Directors’ and Officers’ Guide to Restructuring, February 15, 2023
Americas Restructuring Review 2023, (co-authored with Richard J. Cooper, Jessica Metzger, and Richard Minott), Global Restructuring Review, December 2022
“New York State Supreme Court Allows Claims by Minority Lenders Not Participating in Uptier Debt Exchange to Survive Motion to Dismiss,” (co-author with Richard J. Cooper, Sean A. O’Neal, Luke A. Barefoot, Jane VanLare, Kara A. Hailey, Carina S. Wallance, John Veraja), November 2, 2022
“Agencies Seek Comment on Large Bank Resolution,” (co-authored with Derek M. Bush, Hugh C. Conroy, Jr., Allison H. Breault, Lauren E. Semrad) Cleary Gottlieb Alert Memo, May 18, 2021
“Recent Developments in DIP Financing for International and Domestic Debtors,” (co-authored with Richard Cooper, Jessica Metzger, and Richard Minott), Practical Law, August 2022
Americas Restructuring Review 2022, (co-authored with Richard Cooper, Jessica Metzger, and Richard Minott), Global Restructuring Review, December 2021
“Texas Bankruptcy Court Dismisses the NRA’s Chapter 11 Filing for Lack of Good Faith,” (co-authored with Sean A. O’Neal, Luke A. Barefoot, Jane VanLare and Laya Maheshwari) Cleary Gottlieb Alert Memo, May 18, 2021
“Bankruptcy Asset Sales and Acquisition Financing Process: Key Considerations From a Buyer’s Perspective,” (co-authored with Meme Peponis, Katie Reaves, and John Veraja) International Comparative Legal Guide – Lending & Secured Finance 2021, April 7, 2021
“Third Circuit Holds ‘Triangular Setoff’ Unenforceable in Bankruptcy,” (co-authored with Sean A. O’Neal, Luke A. Barefoot, Jane VanLare, Sandra M. Rocks, Penelope L. Christophorou, Kara A. Hailey, and Brandon M. Hammer) Cleary Gottlieb Alert Memo, March 25, 2021; republished by Law360
“Second Circuit Reaffirms Its Preference for Equitable Mootness,” (co-authored with Sean A. O’Neal, Luke A. Barefoot, Adam Brenneman, Jane VanLare, and Kristin Corbett) Cleary Gottlieb Alert Memo, February 24, 2021
“Supreme Court Holds Mere Retention of Property Does Not Violate Automatic Stay Under §362(a)(3) of the Bankruptcy Code,” (co-authored with Sean A. O’Neal, Luke A. Barefoot, Jane VanLare, Thomas S. Kessler and Jessica Metzger) Cleary Gottlieb Alert Memo, January 19, 2021
“SDNY Rules Transocean’s Internal Restructuring Does Not Violate Notes Indenture,” (co-authored with Richard J. Cooper, Francisco L. Cestero, Duane McLaughlin, Sean A. O’Neal, Luke A. Barefoot, Adam Brenneman, Jane VanLare, John Veraja) Cleary Gottlieb Alert Memo, December 23, 2020
Americas Restructuring Review 2021, (co-authored with Richard Cooper, Kara Hailey, and John Veraja), Global Restructuring Review, December 2020
“Agencies Finalize Resolution Plan Guidance for Certain Foreign Banks,” (co-authored with Derek M. Bush, Katherine Mooney Carroll, Michael H. Krimminger, Lauren E. Gilbert, Hugh C. Conroy, Jr., and Julia A. Knight) Cleary Gottlieb Alert Memo, December 21, 2020
“A Texas Bankruptcy Court Denies Debtors’ Rent Abatement Motion in the Chuck E. Cheese Cases,” (co-authored with Sean A. O’Neal, Luke A. Barefoot, Jane VanLare, Kara A. Hailey and Andrea B. Jung) Cleary Gottlieb Alert Memo, December 18, 2020; republished by Law360.
“Bankruptcy Court in Ultra Petroleum, on Remand, Finds Make-Whole Not Disallowed Under Bankruptcy Code,” (co-authored with Sean A. O’Neal, Luke A. Barefoot, Jane VanLare, Michael Weinberg and Jessica Metzger) Cleary Gottlieb Alert Memo, December 17, 2020
“Lessons Learned and Best Practices in LBO Transactions Following the Nine West Decision,” (co-authored with Tom Standifer) Cleary Gottlieb Alert Memo, December 17, 2020
“Rough Justice: Third Circuit Holds Subordination Agreements May Be Superseded in Cramdown,” (co-authored with Sean A. O’Neal, Luke A Barefoot, Jane VanLare, and Thomas Lynch) Cleary Gottlieb Alert Memo, August 31, 2020; republished by Law360.
“Dynamic Trends in Chapter 15,” (co-authored with Luke Barefoot, Sean O’Neal, Jane VanLare, and Benjamin Beller), International Comparative Legal Guide to: Restructuring & Insolvency 2020, May 20, 2020
“Buyer Beware! Claims Disabilities Travel with Transfers,” (co-authored with Sean A. O’Neal, Luke A Barefoot, Jane VanLare, Rahul Mukhi, Kara A. Hailey, Ryan Yeh, Thomas Lynch) Cleary Gottlieb Alert Memo, April 29, 2020
“The Section 363 Sale & Acquisition Financing Process: Key Considerations from a Buyer’s Perspective,” (co-authored with Meme S. Peponis, Katie R. Reaves, and Ashley A. Kerr), International Comparative Legal Guide to: Lending & Secured Finance 2020, April 2020
“AG MIT CMO, LLC v. RBC (Barbados) Trading Corp.: Initial Post-COVID-19 Litigation Challenges to Closeouts of Repurchase Agreements,” (co-authored with Carmine D. Boccuzzi Jr., Rishi N. Zutshi, Penelope L. Christophorou, Jane VanLare, Brandon M. Hammer, Sean A. O’Neal, Sandra M. Rocks, Douglas A. Gretz, Colin D. Lloyd, Derek M. Bush), Cleary Gottlieb Alert Memo, March 31, 2020
“Healthcare Industry Stimulus: The Coronavirus Aid, Relief, and Economic Security Act,” (co-authored with Sean A. O’Neal, Luke A. Barefoot, and Jane VanLare), Cleary Gottlieb Alert Memo, March 30, 2020
“Top Considerations for the Retail Industry – What Mall Owners Should be Thinking About,” (co-authored with Luke A. Barefoot, Joseph Lanzkron, Daniel C. Reynolds, and Steven L. Wilner), Cleary Gottlieb Alert Memo, March 24, 2020
“Agencies Propose Resolution Plan Guidance For Three Large FBOs,” (co-authored with Michael H. Krimminger, Derek M. Bush, Katherine Mooney Carroll, and John Anderson Lightbourne), Cleary Gottlieb Alert Memo, March 19, 2020
“Third Circuit Approves Non-Consensual Releases Based on “Exceptional Facts” in Millennium Lab Holdings,” (co-authored with Sean A. O’Neal, Luke A. Barefoot, Jane VanLare, and Thomas Lynch), Cleary Gottlieb Alert Memo, January 6, 2020
“Introduction,” (co-author with Lisa Schweitzer), in GRR’s Americas Restructuring Review 2020, December 12, 2019
“Fifth Circuit Issues New Opinion in Ultra Petroleum, Withdrawing Guidance on Make-Whole Claims,” (co-authored with Sean A. O’Neal, Luke A. Barefoot, Jane VanLare, Michael Weinberg, and Jessica Metzger), Cleary Gottlieb Alert Memo, December 12, 2019
“Highland Filing Shows Benefits Of Ch. 11 For Hedge Funds,” (co-authored with Luke Barefoot and Srinath Reddy Kethireddy), Law360, November 19, 2019
“Cross”-Border Wall? Not for U.S. Recognition of Foreign Insolvency Proceedings,” (co-authored with Luke Barefoot, Jane VanLare, Benjamin Beller, and Ryan Yeh), International Comparative Legal Guide to: Corporate Recovery & Insolvency Laws and Regulations 2019, May 2019
“Agencies Propose Revised RRP Rules,” republished by The Columbia Law School Blue Sky Blog (co-authored with Mike Krimminger, Knox McIlwain, Sarah Stanton, Lauren Gilbert, Josh Nimmo, Brian Kesten, and Luca Amorello), April 11, 2019
“Filing For Bankruptcy To Manage Opioid Suits Is No Magic Pill,” (co-authored with Luke Barefoot and Ryan Yeh), Law360, April 29, 2019
“Fifth Circuit Distinguishes Code Impairment from Plan Impairment, Casts Doubt on Make-Whole Claims,” (co-authored with Sean A. O’Neal, Luke A. Barefoot, Jane VanLare, and Michael Weinberg), Cleary Gottlieb Alert Memo, February 28, 2019
“Gibbs Rule Tested: Implications for Creditors,” co-author with Jim Ho, James Brady, and Hoori Kim, (IFLR, February 15, 2019)
“Agencies Finalize 2019 Resolution Plan Guidance for U.S. G-SIBs,” co-author with Michael H. Krimminger, Sarah M. Stanton, Joshua Nimmo, Lauren Gilbert, Knox McIlwain, and Luca Amorello (Cleary Gottlieb Alert Memo, January 8, 2019)
“First Wave FBOs Receive Feedback Significant Progress, Next Steps Identified,” co-author with Michael H. Krimminger, Sarah M. Stanton, Joshua Nimmo, Lauren Gilbert, Knox McIlwain, and Luca Amorello (Cleary Gottlieb Alert Memo, January 7, 2019)
“U.S. Court Recognizes Croatian Proceeding Settlement Despite English Law Gibbs Rule,” co-author with James Brady and Jim Ho (Cleary Gottlieb Alert Memo, November 6, 2018)
“Ninth Circuit Holds That Impaired Accepting Class Requirement Applies to Plan Confirmation on a ‘Per-Plan’ Rather Than a ‘Per Debtor’ Basis,” (co-author with Jim Bromley, Luke Barefoot, Sean O’Neal, and Dan Soltman), Cleary Gottlieb Alert Memo, republished by the Harvard Law School Bankruptcy Roundtable, April 3, 2018
“Things to Watch in Retail: Key Takeaways,” co-author with Luke Barefoot, Steven Horowitz, Daniel Ilan and Jane VanLare (Cleary Gottlieb Alert Memo, June 23, 2017)
“2017 Insolvency and Corporate Reorganisation Report: US,” James Bromley and Lisa Schweitzer (IFLR, May 25, 2017)
“2016 Insolvency and Corporate Reorganisation Report: US,” James Bromley and Lisa Schweitzer (IFLR, April 28, 2016)
“Lyondell Confirms High Fraudulent-Transfer Claims Standard,” Lisa Schweitzer and Lev E. Breydo (Law360, December 3, 2015)
“S.D.N.Y. District Court Holds Trust Indenture Act Limits Ability of Issuer to Restructure Bonds of Dissenting Bondholders Outside of Bankruptcy,” Lisa Schweitzer, Kara A. Hailey, and Matthew L. Rappoport (Pratt’s Journal of Bankruptcy Law, September 2015, Volume 11, Number 6)
“7th Circ. Empowers In Pari Delicto Defense In Bankruptcy,” Lisa Schweitzer and Grace Kurland (Law360, July 29, 2015)
“5th Circ. Provides Clarity On Ch. 15 Litigation Management,” Lisa Schweitzer and Daniel J. Soltman (Law360, June 17, 2015)
“Chapter 15 Litigation: A Primer After the First Decade,” co-author with Jane VanLare & Matthew Livingston (Norton Bankruptcy Law Advisor May 2017)
“Octaviar Revisited – Litigation Claim is Sufficient Basis to Obtain Chapter 15 Recognition of Australian Proceeding,” Lisa Schweitzer and Grace Kurland (Pratt’s Journal of Bankruptcy Law, September 2014, Volume 10, Number 6)
“Eighth Circuit Holds that Trademark License Granted as Part of Sale Agreement is not Executory,” Lisa Schweitzer and Hugh K. Murtagh (Pratt’s Journal of Bankruptcy Law, September 2014, Volume 10, Number 6)
“Has RADLAX made ‘Indubitably Equivalent’ Arguments Any Less Indubitably Confusing?,” Lisa Schweitzer and Jane VanLare (Pratt’s Journal of Bankruptcy Law, September 2012)
“Second Circuit Holds District Court Must Mandatorily Abstain from Deciding Parmalat State Court Action Related to U.S. Ancillary Bankruptcy Proceeding,” Lisa Schweitzer and Robin Baik (Commercial Law Newsletter, March 19, 2012, Spring 2012)
“Debtors May Benefit from § 363 Protections Post-Confirmation,” Lisa M. Schweitzer and James A. Croft (The Bankruptcy Strategist, February 2012)
Events
June 11, 2023
Panelist, International Insolvency Institute 23rd Annual Conference
April 26, 2023
Co-Chair, PLI’s Bankruptcy & Reorganizations 2023: Current Developments
March 31, 2023
Panelist, Implications of SVB’s Collapse and the Current Banking Crisis
November 13, 2022
Panelist, PLI’s Nuts and Bolts of Corporate Bankruptcy 2022
November 3, 2022
Panelist, IBA 2022 Annual Conference
October 6, 2022
Co-chair, GRR Live: New York 2022
September 6, 2022
Panel Chair, III’s 22nd Annual Conference
August 17, 2022
Panelist, The Latest in Digital Asset Bankruptcies
May 9, 2022
Panelist, PLI’s Bankruptcy Reorganizations 2022: Current Developments
May 3, 2021
Co-Chair, PLI’s Bankruptcy Reorganizations 2021: Current Developments
December 2, 2020
Panelist, PLI’s Nuts and Bolts of Corporate Bankruptcy 2020
September 8, 2020
Panelist, IBA’s Latin American Airlines File for Chapter 11 in Response to Covid-19: Forum Shopping or Sound Strategy?
April 9, 2020
Panelist, Governance Watch Webcast – COVID-19: What Companies and Boards Should Be Considering
December 3, 2019
Panelist, PLI’s Nuts and Bolts of Corporate Bankruptcy 2019
October 10, 2019
Co-chair, 3rd Annual GRR Live New York
September 17, 2019
Participant, “The Capstone Advisory Group’s Litigation Policy Day”
April 22, 2019
Co-chair, PLI’s Bankruptcy and Reorganizations: 2019 Current Developments
September 26, 2018
Co-chair, 2nd Annual GRR Live New York
September 23-25, 2018
Participant, “Mock Forum Shopping Exercise,” International Insolvency Institute 18th Annual Conference
June 15, 2018
Participant, “Please Release Me ‐ Let Me Go!” panel, Association of Insolvency & Restructuring Advisors 2018 Annual Conference
May 24, 2018
Panelist, “Cross-Border Bankruptcy Issues,” ABI’s New York City Bankruptcy Conference
May 2, 2018
Participant, “Leveraged Finance Restructuring” panel, PLI’s Leveraged Financing 2018 Program
April 29, 2018
Educational Committee Member, INSOL New York Conference
April 26, 2018
Participant, “Cross-Border Insolvencies and Chapter 15,” PLI’s Bankruptcy & Reorganizations 2018: Current Developments Program
April 19, 2018
Panelist, “Way Too Big, and Small Enough, to Fail,” Too Big to Fail: 10 Years Later Conference
January 23, 2018
Participant, INSOL International’s “Chapter 15 and Cross-Border Developments Roundtable”
November 7, 2017
Panelist, GRR Live New York: Nortel and Kodak – Barking up The Wrong IP
May 18, 2017
Moderator, ABI’s New York City Bankruptcy Conference
September 13, 2017
Event co-chair and moderator of “GRR Live Question Time and Hot Topics debate” panel, GRR Live New York
May 3, 2017
Participant, “Leveraged Finance Restructuring” panel, PLI’s Leveraged Financing 2017 Program
April 26, 2017
Participant, “Cross-Border Insolvencies and Chapter 15” panel, PLI’s Bankruptcy & Reorganizations 2017: Current Developments
May 12, 2016
Moderator, “Cross-Border Bankruptcy Issues” panel, 18th Annual ABI NYC Bankruptcy Conference
May 4, 2016
Participant, “Leveraged Finance Restructuring” panel, PLI’s Leveraged Financing 2016 Program
April 15, 2016
Moderator, “Best Practices – Bringing and Defending Fraudulent Conveyance Claims” panel, ABI 2016 Annual Spring Meeting
October 23, 2015
Participant, “What’s Wrong with Chapter 11? A Guide for European Practitioners” panel, ABI’s 2015 International Insolvency & Restructuring Symposium
June 5, 2015
Participant, “Testifying as an Expert Witness: Considerations, Process and Pitfalls” panel, Association of Insolvency & Restructuring Advisors 31st Annual Bankruptcy & Restructuring Conference
May 14, 2015
Moderator, “Cross-Border Bankruptcy Issues” panel, 17th Annual ABI NYC Bankruptcy Conference
March 23, 2015
Moderator, “Intellectual Property and Insolvency – Ownership, Licenses, Enforcement and Sales” panel, INSOL International 2015 Annual Regional Conference in San Francisco, California
February 20, 2015
Participant, “The Decision to Separate” panel, PLI’s Spin-offs 2015
November 12, 2014
Participant, “The Ins and Outs of Chapter 15 – Don’t be the Last One to ‘Recognize’ the Benefits” panel, 2014 ABI Mid-Level Professional Development Program
October 8, 2014
Participant, “Executory Contracts and Unexpired Leases in Bankruptcy” panel, 2014 National Conference of Bankruptcy Judges Annual Conference /American Bar Association
February 20, 2014
Participant, “The Decision to Separate” panel, PLI’s Spin-offs 2014
February 12, 2014
Participant, “Governance Issues for Boards When Your Company Is in Financial Straits” panel, PLI’s Corporate Governance – A Master Class 2014
November 1, 2013
Participant, “Intellectual Property Rights in Chapter 11 and the Limits of Section 365 (n)” panel, 87th NCBJ Annual Conference
August 12, 2013
Participant, “IP in the World of IOUs: Intellectual Property Licenses in Domestic and Cross-Border Insolvency Proceedings” panel, ABA – 2013 Business Law Section Annual Meeting
May 16, 2013
Participant, “Trademark and Patent Licenses in Bankruptcy” panel, 2013 ABI NYC Bankruptcy Conference
May 9, 2013
Participant, “Patent Sales and Bankruptcy” panel, PLI’s Distressed IP: Buying, Selling and Licensing Intellectual Property in Distressed Situations 2013
February 21, 2013
Participant, “The Decision to Separate” panel, PLI’s Spin-offs 2013
December 1, 2012
Participant, “International/Technology & Intellectual Property: Handling IP Issues in a Multinational Insolvency Proceeding” panel, ABI’s U.S. 24th Annual Winter Leadership Conference 2012
November 7, 2012
Participant, “Cross-Border Recognition Issues Between U.S. and Mexico” panel, ABI’s U.S./Mexico Restructuring Symposium