Eric D. Schwartz

Partner

(302) 351-9308 T
(302) 498-6208 F

Eric has more than 20 years of experience representing debtors and creditors in insolvency cases and out-of-court restructurings.

Eric is a member of the Business Reorganization & Restructuring Group.  Prior to his career as an attorney, he was an investment banker for several years.

Eric has more than 20 years of experience representing debtors and creditors in insolvency cases and out-of-court restructurings.  His substantial experience includes assisting clients with complex operational, corporate governance, financial, real estate, pension, intellectual property, tax, labor, purchase/sale and litigation issues.  He also has extensive experience in the use of state court proceedings as a restructuring or liquidation alternative, including experience with receiverships, assignments for the benefit of creditors, foreclosures, dissolutions and other alternative court proceedings.

His practice focuses on business restructurings, including representing distressed enterprises, advising fiduciaries and managers for distressed enterprises, distressed acquisitions and transactions, distressed financings, debtor and committee representations, representation of large secured and unsecured creditors and related litigation.  He has appeared in federal and state courts throughout the United States on a range of bankruptcy and related issues.

Eric represents many international clients in insolvency and other proceedings in the United States.  He is active internationally in the Insolvency/Bankruptcy Practice Group for TerraLex, a worldwide network of business lawyers, and served as a Director on the American Bankruptcy Institute's (ABI) International Committee.  He also speaks before a variety of professional and business audiences on various restructuring and business topics. He has been recognized as a leading Delaware Bankruptcy/Restructuring attorney by Chambers USA.

Representative Matters

  • Counsel to Trico Marine Services, Inc, a multi-national owner/operator of support vessels for offshore oil and natural gas drillers.  Provided litigation counsel regarding complex contested secured loan and sale of asset matters.
  • Represents Hancock Fabrics, Inc., a publicly-held national retailer of fabrics, notions and home furnishing goods with approximately 400 retail locations.  Lead counsel regarding all real estate matters, including extensive lease issues.  Also, responsible for handling a large tax claim.  This was the first case to address certain procedures with respect to the BAPCPA revisions to nonresidential real property lease provisions of the Bankruptcy Code.
  • Counsel to Rouge Steel and its affiliates, producers of high quality, flat rolled carbon steel products, with respect to the sale of the company and resolution of claims in bankruptcy.  Responsible for handling the resolution of certain large secured/unsecured claims as well as labor and pension related matters.
  • Counsel to Orion Refining Corporation and the plan trustee with respect to the sale of the company in bankruptcy.  Served as lead counsel responsible for resolution of large secured claim and asset liquidation issues.
  • Represents Valley Media, Inc. and liquidating trustee with respect to liquidation of the company and its affiliated debtors.  Served as lead counsel regarding complex contested Uniform Commercial Code consignment matter. (See In re Valley Media, 279 B.R. 105)
  • Represented Yellow Pages book publisher Local Insight Media Holdings, Inc. Official Committee of Unsecured Creditors in Chapter 11 case.  Responsible for litigation with secured lender regarding possible avoidance and preference matters.
  • Lead counsel to the Official Committee of Unsecured Creditors and Plan Administrator in Chapter 11 case regarding Jillian’s Entertainment Corp., a national restaurant chain.  Involved in sale, plan and claims process for both the Committee and Plan Administrator, resulting in a higher than expected return for unsecured creditors.
  • Represented officers and directors in Pinnacle Airlines Corp., et al., Case No. 12-11343 (REG)
  • Represented officers and directors in Riverstone Networks, Inc., Case No. 06-10110 (CSS)
  • Represented officers and directors in Xybernaut Corporation, et al., Case No. 05-12801 (RGM)
  • Represented officers and directors in Williams Communications Group, Inc., et al., Case No. 02-11957 (BRL)
  • Assisted with administrative claim in representing creditor Global Infrastructure Management, LLC. Lyondell Chemical Company, Inc., et al., Case No. 09-10023 (REG)
  • Assisted with credit card agreements and related claims for credit card issuer Barclays Bank in Frontier Airlines Holdings, Inc., et al., Case No. 08-11298 (RDD); and U.S. Airways, Inc., et al., Case No. 04-13819 (SSM)
  • Assisted franchisees with the assumption and rejection of certain franchise agreements and related claims in Delaware Chrysler Dealers, Chrysler, LLC, et al., Case No. 09-50002 (AJG)
  • Represented indenture trustee Wilmington Trust Company in business litigation. Adelphia Business Solutions, Inc., et al., Case No. 02-11389 (REG)
  • Assisted creditor Philippine Long Distance Telephone Company with contested claims. In re ProtoStar Ltd., et al., Case No. 09-12659 (MFW)
  • Assisted franchisee J&B Restaurant Partners with assumption and assignment, rejection and termination of certain agreements for over 60 locations. Friendly Ice Cream Corporation, et al., Case No. 11-13167 (KG)
  • Represented Linux Networks, Inc. with assignment for benefit of creditor representation. In re: Linux Networks, Inc., Assignor, v. Development Specialists, Inc., Assignee, Del. Ch. Ct., C.A. No. 3611-VCP
  • Represented Popular Club with assignment for benefit of creditor representation. In re: Popular Club Acquisition, LLC, Assignor, v. Traxi Advisors, LLC, Assignee. Del. Ch. Ct., C.A. No. 4615-VCP
  • Lead counsel for The Penn Traffic Company plan administrator in contested matters with main supplier. The Penn Traffic Company, et al., Case No. 09-14078 (PJW)
  • Lead counsel for Juniper Bank in litigation commenced by Bank of America against US Airways Corp., Inc. Bank of America, N.A (USA) v. US Airways, Inc., et al., and Juniper Bank, Del. Ch. Ct., C.A. No. 1713-N

News

Morris Nichols Represents Terminal Investment Limited in Acquisition of Controlling Stake in Total Terminals International

Wilmington, DE (February 6, 2017) – Morris Nichols successfully represented Terminal Investment Limited SARL (“TiL”) as lead counsel in its cross-border acquisition from Hanjin Shipping Co., Ltd. (“Hanjin”) of a controlling stake in Total Terminals International, LLC (“TTI”), a Delaware limited liability company which operates two... Continue Reading

Morris Nichols Recognized by The M&A Advisor 2017 Turnaround Awards

Wilmington, DE (January 27, 2017) – Today, The M&A Advisor announced the winners of the 11th Annual Turnaround Awards. Morris, Nichols, Arsht & Tunnell LLP was recognized in two categories for restructuring work and for reorganization in the energy sector. Together with co-counsel Hogan Lovells US LLP, the firm was recognized for work on... Continue Reading

Morris Nichols Partners with KaloBios Pharmaceuticals, Inc. to Overcome Challenges to Complete Successful Reorganization

Wilmington, DE (July 12, 2016) – Morris, Nichols, Arsht and Tunnell LLP (“Morris Nichols”) announced today that it, together with co-counsel Hogan Lovells US LLP, has served as chapter 11 bankruptcy counsel for KaloBios Pharmaceuticals, Inc., a Brisbane, California based development stage, biopharmaceutical company focused on advancing... Continue Reading

Eric Schwartz Speaks at Terralex Bankruptcy/Insolvency Practice Group 2016 European Meeting in Budapest, Hungary

Wilmington, DE (June 8, 2016) – Eric Schwartz, Morris Nichols Business Reorganization & Restructuring Group partner, will speak at the Terralex Bankruptcy/Insolvency Practice Group 2016 European Meeting in Budapest, Hungary on June 10, 2016.   He will speak from a U.S. perspective on “How decreasing interest rates in the long run may... Continue Reading

Chambers USA 2016 Ranks Morris Nichols Band 1 in Four Delaware Practice Areas; 25 Morris Nichols Attorneys Recognized Among the Best in Delaware

Wilmington, DE (May 27, 2016) – The 2016 edition of Chambers USA: America’s Leading Lawyers for Business again ranked Morris, Nichols, Arsht & Tunnell LLP as a Band 1 law firm in the Delaware categories for Bankruptcy/Restructuring, Chancery, Corporate M&A & Alternative Entities, and Intellectual Property. Twenty-five Morris... Continue Reading

Eric Schwartz Speaks at 2016 TerraLex Bankruptcy/Insolvency Group Meeting in Lima, Peru

Wilmington, DE (May 9, 2016) – Eric Schwartz, Morris Nichols Business Reorganization & Restructuring Group partner, will speak at the opening session of the TerraLex joint practice group meeting of the Construction, Bankruptcy, Energy, Environmental & Real Estate practice groups at the 2016 TerraLex Global Meeting in Lima, Peru.  Eric... Continue Reading

Eric Schwartz guest lecturer at Georgetown University McDonough School of Business

Wilmington, DE (March 31, 2016) – Eric Schwartz was a guest lecturer at Georgetown University McDonough School of Business.  Mr. Schwartz lectured on the subject of corporate fiduciary duties in a distress situation to the Corporate Restructuring class of students in the masters in business program.   Mr. Schwartz' hour-long lecture covered... Continue Reading

Morris Nichols Participates in 2015 TMA Asia Pacific Conference

Wilmington, DE (November 19, 2015) – The Turnaround Management Association hosted its 2015 TMA Asia Pacific Conference in Singapore and Morris Nichols Partner, Eric Schwartz was invited to present on the Judges Panel covering the topic of Restructuring Regimes. He joined Judicial Commissioner Kannan Ramesh of the Supreme Court of Singapore and... Continue Reading

Eric Schwartz Moderates Making Your Case: Presenting Valuation Evidence at VALCON 2014

Wilmington, DE (February 28, 2014) – Morris Nichols partner Eric Schwartz moderated the panel “Making Your Case: Presenting Valuation Evidence” during VALCON 2014.  The panel covered strategies and tips for presenting financial evidence in chapter 11 cases. Panelists discussed the selection, roles and fee arrangements of financial... Continue Reading

Eric Schwartz Opening Speaker at 2013 TerraLex Bankruptcy/Insolvency Group Meeting

Wilmington, DE (September 29, 2013) – Eric Schwartz, Morris Nichols Business Reorganization & Restructuring Group partner, served as opening speaker at the TerraLex Bankruptcy/Insolvency Practice Group Meeting, at the TerraLex Global Meeting in Paris, France.  The Group's featured presentation, Current Developments Regarding Intellectual... Continue Reading

Eric Schwartz Appointed as an Officer for American Bankruptcy Institute's International Committee

Wilmington, DE – December 3, 2010 – Morris Nichols business reorganization and restructuring partner Eric Schwartz has been appointed as an officer for the International Committee of the American Bankruptcy Institute (ABI).  The ABI is the largest multi-disciplinary, non-partisan organization dedicated to research and education on... Continue Reading

Eric Schwartz Opening Speaker at TerraLex Bankruptcy/Insolvency Group European Meeting

Wilmington, DE – April 6, 2010 – Morris Nichols business reorganization and restructuring partner Eric Schwartz and Regional Co-Vice Chair of the TerraLex Bankruptcy/Insolvency Practice Group served as the opening speaker at the TerraLex Bankruptcy/Insolvency Group European Meeting, March 18-19, in London. Twenty-three delegates... Continue Reading

Events

Eric Schwartz Speaks at Terralex Bankruptcy/Insolvency Practice Group 2016 European Meeting in Budapest, Hungary

Eric Schwartz, Morris Nichols Business Reorganization & Restructuring Group partner, will speak at the Terralex Bankruptcy/Insolvency Practice Group 2016 European Meeting in Budapest, Hungary on June 10, 2016.   He will speak from a U.S. perspective on “How decreasing interest rates in the long run may impact the lending market and... Continue Reading

Eric Schwartz Speaks at 2016 TerraLex Bankruptcy/Insolvency Group Meeting in Lima, Peru

Eric Schwartz, Morris Nichols Business Reorganization & Restructuring Group partner, will speak at the opening session of the TerraLex joint practice group meeting of the Construction, Bankruptcy, Energy, Environmental & Real Estate practice groups at the 2016 TerraLex Global Meeting in Lima, Peru.  Eric is Co-Chair of the... Continue Reading

Eric Schwartz guest lecturer at Georgetown University McDonough School of Business

Eric Schwartz was a guest lecturer at Georgetown University McDonough School of Business.  Mr. Schwartz lectured on the subject of corporate fiduciary duties in a distress situation to the Corporate Restructuring class of students in the masters in business program.   Mr. Schwartz' hour-long lecture covered the challenges officers and directors... Continue Reading

2015 TMA Asia Pacific Conference

11.19.2015 through 11.20.2015 in Singapore - Business Reorganization & Restructuring
Eric D. Schwartz

The Turnaround Management Association hosted its 2015 TMA Asia Pacific Conference in Singapore and Morris Nichols Partner, Eric Schwartz was invited to present on the Judges Panel covering the topic of Restructuring Regimes. He joined Judicial Commissioner Kannan Ramesh of the Supreme Court of Singapore and Judge Bingkun Ye of Xiamen Intermediate... Continue Reading

VALCON 2014

2.26.2014 through 2.28.2014 in Las Vegas, NV - Business Reorganization & Restructuring
Eric D. Schwartz

The American Bankruptcy Institute hosts VALCON 2014 from February 26 to 27, 2014 in Las Vegas, Nev. The conference brings together dealmakers, fund investors, and financial and legal advisors. Morris Nichols partner Eric Schwartz will moderate the panel “Making Your Case:  Presenting Valuation Evidence.” The panel will cover strategies and... Continue Reading

2013 TerraLex Global Meeting

Eric Schwartz, Morris Nichols Business Reorganization & Restructuring Group partner, will provide introductory remarks at the TerraLex Bankruptcy/Insolvency Practice Group Meeting, at the TerraLex Global Meeting in Paris, France.  The Group's featured presentation, Current Developments Regarding Intellectual Property Issues in Insolvency... Continue Reading

Important Provisions—Practical Considerations of U.S. Bankruptcy Law

2.14.2013 in Wilmington, DE and Vienna, Austria - Business Reorganization & Restructuring
Eric D. Schwartz

Eric Schwartz, Morris Nichols Business Reorganization & Restructuring Group partner, presented Important Provisions - Practical Considerations of U.S Bankruptcy Law to a select group of blue-chip Austrian companies during a seminar arranged by the TerraLex Austrian law firm of Fellner Wratzfeld & Partner and its partner Paul Luiki. The... Continue Reading

5th Annual New York Institute of Credit/ABF Journal/TMA Philadelphia Education Conference

Eric Schwartz, Morris Nichols Business Reorganization & Restructuring Group partner, will serve on the panel To File or Not to File . . . That is the Question – Views From the Bench, Legal & Turnaround Practitioners at the 5th Annual New York Institute of Credit/ABF Journal/TMA Philadelphia Education Conference in Villanova, Penn.,... Continue Reading

TerraLex America's Fourth Annual Insolvency Practice Group Meeting

Eric Schwartz, Morris Nichols Business Reorganization & Restructuring Group partner, will serve as program moderator for the Fourth Annual Meeting of TerraLex America’s Insolvency/Bankruptcy Practice Group in Tampa, Florida, March 11, 2011. Bankruptcy practitioners from over two dozen major U.S. law firms will be represented at this... Continue Reading

TerraLex Americas 3rd Annual Insolvency Practice Group Meeting

Morris Nichols Business Reorganization and Restructuring Group partner Eric Schwartz served as program moderator for the Third Annual Meeting of TerraLex Americas Insolvency Practice Group in Indianapolis, Indiana, May 13-14, 2010. Bankruptcy practitioners from nearly two dozen major U.S. law firms were represented at this year’s Meeting,... Continue Reading