Gregory W. Werkheiser

Partner

Tel: (302) 351-9229
Fax: (302) 425-4663
gwerkheiser@mnat.com

Greg is a partner with the firm’s Business Reorganization and Restructuring Group.  He has substantial experience representing debtors and creditors in bankruptcy cases and out-of-court restructurings.  Greg focuses his practice on chapter 11 business restructuring, advising fiduciaries and managers for distressed enterprises, bankruptcy acquisitions and transactions, committee representations, debtor-in-possession (DIP) financing, representation of secured and unsecured lenders to bankrupt or distressed companies and bankruptcy-related litigation.  Greg has appeared on behalf of clients in federal courts throughout the United States on a range bankruptcy issues.

Professional and Community Activities

• Member, American Bar Association, Business Law and Litigation Sections
• Member, Delaware Bar Association Bankruptcy Law, Commercial Law and Litigation Sections
• Member, American Bankruptcy Institute
• Member, Federal Bar Association, Delaware Chapter
• Member, Board of Editors, Delaware Lawyer
• Volunteer attorney for Delaware Volunteer Legal Services, Inc.

Representative Matters

Greg’s recent representative matters include:

Chapter 11 debtors:

• Big 10 Tire Stores, Inc.
• Netversant Solutions, Inc.
• TallyGenicom, L.P.
• Rouge Steel Company
• Orion Refining Corporation

Creditors Committees:

• Co-counsel to Official Committee of Unsecured Creditors in chapter 11 cases of Charys Holding Company, Inc. and its affiliated debtors.
• Co-counsel to Official Committee of Unsecured Creditors in chapter 11 cases of Dayton Superior Corporation and its affiliated debtors.

Mergers and Acquisitions of Distressed Assets:

• Counsel to Big 10 Tire Stores, Inc. and its affiliated debtors in connection with sale of substantially all of their assets.
• Counsel to Orion Refining Corporation in connection with the sale of substantially all of its assets.
• Counsel to The Quercus Trust in connection with purchase of substantially all of the assets of Applied Solar, Inc. and certain of its affiliates.
• Co-counsel to Netversant Solutions, Inc. and its affiliated debtors in connection with sale of substantially all of their assets.
• Co-counsel to the Ontario Teachers Pension Plan Board in connection with the chapter 11 bankruptcy sale of substantially all of the assets of its wholly-owned subsidiary CFM U.S. Corporation and its affiliated debtors.

Plan Administrators and Trustees:

• Counsel to the Liquidation Trustee in the chapter 11 cases of Rouge Steel Company and its affiliated debtors.
• Counsel to the Trustee of the ORC Distribution Trust in the chapter 11 case of Orion Refining Corporation.
• Counsel to the Plan Administrator in the chapter 11 cases of EBC I, Inc., f/k/a eToys, Inc., and its affiliated debtors.
• Co-counsel to the Trustee of the Refco Litigation Trust in connection with bankruptcy cases of Suffolk LLC and its affiliated debtors, as well as related litigation.

Secured and Unsecured Creditors:

• Counsel to BEPCO, L.P. f/k/a Bass Enterprises Production Company in litigation with GlobalSantaFe Corporation and certain affiliates and in bankruptcy cases of certain of its subsidiaries.
• Counsel to Dish Network Corporation and/or certain affiliates in various matters.
• Counsel to EchoStar Communications Corporation and/or certain affiliates in various matters.
• Counsel to Plainfield Capital LLC and/or certain affiliates in various matters.
• Counsel to Barclays Financial Corp. and/or certain affiliates in various matters.
• Counsel to the Dow Chemical Company in various matters.
• Counsel to Syngenta Seeds Inc. in chapter 11 cases of Hines Horticulture, Inc. and its affiliated debtors.
• Counsel to Ventiv Commercial Services LLC in the chapter 11 case of Exaeris Inc.
• Co-counsel to affiliate of Emergent Biosolutions, Inc. and other petitioning creditors on proceedings related to involuntary bankruptcy petition.
• Co-counsel to Ontario Teachers Pension Plan Board in the cross-border chapter 11 cases of CFM U.S. Corporation and its affiliated debtors.
• Co-counsel to JPMorgan Chase Bank, N.A. in bankruptcy cases of HomeBanc Corp. and its affiliated debtors.
• Co-counsel to Morgan Stanley Mortgage Capital Inc. in the chapter 11 cases of New Century Financial Corporation and its affiliated debtors.

Other Professionals:

• Counsel to Loughlin Meghji & Company in connection with litigation related to Werner Holding Co. (DE), Inc. and its affiliated debtors.
• Co-counsel to Gordon Brothers Commercial & Industrial, LLC in connection with professional retention and compensation matters in chapter 11 cases of Qimonda North America Corp. and its affiliated debtor.
• Co-counsel to Moelis & Company, LLC in connection with professional retention and compensation matters in chapter 11 cases of NV Broadcasting, LLC and its affiliated debtors.

News

• Morris Nichols Business Reorganization and Restructuring Group Wins 2010 Turnaround Atlas Award
  Morris Nichols’ Business Reorganization and Restructuring Group has won a Turnaround Atlas Award for its role as debtor’s counsel to Big 10 Tire Stores in the successful reorganization and sale of its operations.
• Gregory Werkheiser Featured Author in May 2010 American Bankruptcy Institute Journal – Beware of the False Claims Act Claim
  Gregory Werkheiser is a featured author in the May 2010 edition of the American Bankruptcy Institute Journal.
• Morris Nichols Business Reorganization and Restructuring Group Named a Finalist in Three Categories for the 4th Annual Turnaround Awards
  The M&A Advisor today announced that Morris Nichols’ Business Reorganization and Restructuring Group has been named a finalist in three categories for the 4th Annual Turnaround Awards.
• Morris Nichols Business Reorganization and Restructuring Group Wins The M&A Advisor U.S. Middle-Market Financing Award
  The M&A Advisor has named Morris Nichols’ Business Reorganization and Restructuring Group the winner of its U.S. Middle-Market Financing Award in the Retail Manufacturing/Distribution & Good/Services sector deal category for its representation of Hancock Fabrics, Inc., in its successful Chapter 11 reorganization.
• Morris Nichols Business Reorganization and Restructuring Group Wins Turnaround Atlas Award For Role in Restructuring of Hancock Fabrics, Inc.
  Morris Nichols’ Business Reorganization and Restructuring Group has won a Turnaround Atlas Award for its role in the restructuring of Hancock Fabrics, Inc.
• Morris Nichols Recognized for Role as Debtor's Counsel in Successful Reorganization of Big 10 Tire Stores
  Morris Nichols’ Business Reorganization and Restructuring Group was recognized for its role as debtor’s counsel to Big 10 Tire Stores.
• Gregory Werkheiser Quoted in Reuters Article on GM Bankruptcy
  Gregory Werkheiser quoted by Reuters reporter Tom Hals in an article related to General Motors Corp’s bankruptcy filing.
• William Sudell, Gregory Werkheiser Serve as Panelists at Delaware Bankruptcy Court and Federal Bar Association Seminar
  Morris Nichol's William Sudell and Gregory Werkheiser server as panelists at Intersections of Bankruptcy and Intellectual Property seminar co-sponsored by Delaware Bankruptcy Court and Delaware Chapter of the Federal Bar Association

Notable Publications and Presentations

• Gregory W. Werkheiser, Intellectually Bankrupt? Five Potential Pitfalls When Intellectual Property Interests Meet Bankruptcy Proceedings, Delaware Lawyer 8 (Winter 2008/2009)
• William M. Lafferty, Gregory W. Werkheiser, Delaware Court of Chancery Prohibits a Financially Healthy Company From Agreeing to Sell Substantially All Of Its Assets Through a Bankruptcy Filing Without Approval of the Company's Common Stockholders Under 8 Del. C. § 271(a)