Sean A. O’Neal’s practice focuses on corporate governance, capital solutions and special situations, restructuring, bankruptcy, and related litigation matters.

He assists corporate debtors, creditors, investors, financial counterparties, and other interested parties in bankruptcy-related transactions, out-of-court workouts, and liability management transactions. Sean also works with investors in purchasing assets from, or making investments in, distressed companies. He advises clients on creditors’ rights, debt instruments, prepackaged bankruptcies, loan-to-own strategies, debtor-in-possession financing, exit financing, Chapter 11 rights offerings, forbearance arrangements, and other matters.

In addition, Sean serves on the boards of directors of Brooklyn Community and Housing Services, the Brooklyn Children’s Museum and the Prospect Park Alliance.

Sean joined the firm in 2000 and became a partner in 2009.

Notable Experience

Chapter 11

  • Genesis Global Capital, a subsidiary of Digital Currency Group, in its Chapter 11 restructuring proceeding involving over $5 billion in liabilities and related corporate governance, regulatory, and investigative matters, including a landmark decision from the U.S. Bankruptcy Court for the SDNY confirming Genesis’ Chapter 11 plan and approving a settlement with the New York State Office of the Attorney General clearing the path for in-kind recoveries for digital creditors.

  • Exela Technologies Inc., as parent of various operating subsidiaries owing more than $1.2 billion, and the largest secured creditor, in the Chapter 11 proceedings of ETI’s subsidiaries.

  • Sofidel America Corp. as stalking horse bidder and purchaser of substantially all the assets of Royal Paper in its Chapter 11 proceedings.

  • Board members in the marketing and sale of American Tire Distributors’ assets and related matters in Chapter 11 proceedings. 

  • Goldman Sachs as lender, agent, swap provider, DIP lender, and/or Restructuring Support Agreement party in the Heritage Power, Intelsat, McDermott, Rockall Energy, and Talen Energy Chapter 11 proceedings.

  • Goldman Sachs, as Collateral Agent and Revolving Lender in the Chapter 11 proceedings of Limetree Bay Refinery involving nearly $1 billion in secured debt.

  • DIP agent and lender and prepetition agent and lender in the Chapter 11 proceedings of Ruby Tuesday, Inc.

  • Argent Capital in the acquisition of debt and the conversion of such debt into ownership of the Crowne Plaza Times Square Hotel through a Chapter 11 process, including related state court litigation over the exercise of a mezzanine equity pledge.

  • Brookfield, as DIP lender, plan sponsor and preferred equity holder, in the successful prepackaged plan of Hospitality Investors Trust, a public REIT.

  • A major investment bank as lender, securitization noteholder, and alternative letter of credit provider in the Chapter 11 proceedings of Hertz Corporation.

  • Wendy’s, as franchisor and potential bidder, in the Chapter 11 filing of its largest franchisee, NPC International.

  • Special Committee of the Board of Directors of American Addiction Center, Inc. (AAC) in the Chapter 11 of AAC, named “Transaction of the Year” for 2021 by Turnaround Management Association.

  • ESL Investments Inc. and its affiliates, as largest creditor, shareholder, and purchaser of substantially all the assets of Sears Holdings Corp. with over $2.6 billion in claims, in its Chapter 11 proceedings.

  • Punjab National Bank (PNB), India’s second-largest government-owned bank, in the Firestar Diamond Jewelry and Samuels Jewelry Chapter 11 cases relating to a $2 billion fraud in which PNB was the primary victim.

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Capital Solutions

  • Goldman Sachs as agent in a $3.2 billion lending facility with Quest Software in connection with a liability management transaction involving ad hoc group of lenders.

  • Post, as majority shareholder, controlling board members and Master Services Agreement counterparty of 8th Avenue, a joint venture with Harvest, in various debt restructuring matters involving 8th Avenue.

  • Goldman Sachs Specialty Lending Group as an investor and lender to Capstone Green Energy Corporation in originating the loan and leading multiple liability management transactions, as well as in connection with the prepackaged Chapter 11.

  • Cerebral in an out of court restructuring involving the settlement of significant litigation and preferred shareholder disputes.

  • Juul, in negotiating and drafting a settlement of a Delaware Chancery action by convertible noteholders.

  • Certain hedging counterparties in providing new money in connection with a cross-border restructuring of Atento Group, implemented through a UK restructuring plan.  

  • An ad hoc group of unsecured bondholders in a liability management transaction relating to the refinancing of $850 million in Toys “R” Us bonds.

  • A group of bondholders in connection with the out-of-court restructuring of Ironshore Pharmaceuticals.

  • CROSSMARK Holdings, Inc. in an out-of-court restructuring involving new money and uptier transactions.

  • Multinational investment banks in various mortgage REIT situations, including MFA, AG MITT, and Malachite, brought on by the COVID-19 crisis.

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Other Notable Experience

  • PREPA in the negotiation of a restructuring of over $9.5 billion of municipal bond and bank indebtedness.

  • A major investment bank in connection with the insolvency of Archegos Capital, a family office established by investor Bill Hwang.

  • Dan Kamensky, Marble Ridge, in connection with SDNY enforcement matters relating to Neiman Marcus.

  • Unsecured bondholder trustee in connection with the restructuring of shekel bonds issued by Related Portfolio Companies.

  • Goldman Sachs and other derivative creditors in filing a competing plan and reaching an agreement on a settlement plan in the Lehman Brothers Chapter 11 cases.

  • Multiple Chapter 11 debtors including American Roads (received a “Highly Commended” ranking in Financial Times’ Innovative Lawyers Report), Truvo Group, a European directories company, and SuperMedia (named “Mega Company Transaction of the Year” by Turnaround Management Association).

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Publications

Events