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 the following:

• Luby’s, Inc./Fuddruckers- Greg represented Luby’s, Inc., in its acquisition of the 185 unit Fuddruckers fast casual restaurant chain out of bankruptcy.
  
  
• BEPCO, Inc.- Greg led the representation of BEPCO, Inc., before the bankruptcy court, the district court and the Third Circuit (argued) in its successful challenge on bad faith grounds to bankruptcy cases filed by subsidiaries of a multi-billion dollar energy company.  See In re 15375 Memorial Corp., 589 F.3d 605, 609 (3d Cir. 2009).  The client also obtained sanctions against the debtors’ parent companies, including the recovery of more than $1.5 million in fees and costs. See In re 15375 Memorial Corp., 430 B.R. 142 (Bankr. D. Del. 2010).
  
  
• The Penn Traffic Company- Greg acted as Delaware co-counsel to The Penn Traffic Company and its affiliated debtors, an operator of regional grocery chains, in connection with, among other things, their chapter 11 sale and confirmation of a liquidating chapter 11 plan.
  
  
• Chapter 11 Debtor Representations- Garlock Sealing Technologies, LLC; Teton Energy Corporation; TallyGenicom, L.P.; NetVersant Solutions, Inc.; Rouge Steel Company; Orion Refining Corporation; and eToys, Inc.
  
  
• Other Representations- Barclays Bank, PLC; Ontario Teachers Pension Plan Board; Royal Bank of Scotland, plc; Dish Network/EchoStar Corporation; Dow Chemical Company; Syngenta Seeds Inc.; Emergent Biosolutions, Inc.; Ventiv Commercial Services LLC; Loughlin Meghji & Company; Gordon Brothers Commercial & Industrial, LLC; and Moelis & Company, LLC.

News

• Morris Nichols Helps Fox Sports To Successful Outcome In Dodgers Bankruptcy
• Gregory Werkheiser Speaks at The Distressed Debt Conference 2011 – New Rules of Disclosure in Bankruptcy
  Gregory Werkheiser served as a panel speaker on the program titled News Rules of Disclosure in Bankruptcy at The Distressed Debt Conference 2011.
• 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.

Notable Publications and Presentations

• Gregory W. Werkheiser, Matthew B. Harvey, Delaware Bankruptcy Court Denies Official Committee Of Unsecured Creditors' Applications To Retain Two Law Firms Due To Improper Solicitation Of Would-Be Committee Members And Failure To Adequately Disclose Such Contacts
• 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)