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OVERVIEW

James E. Van Horn
Partner

Washington, D.C.

1717 Pennsylvania Avenue N.W.
Suite 500
Washington, D.C. 20006-4623

P 202-371-6351

F 202-289-1330

OVERVIEW

James E. Van Horn
Partner

Washington, D.C.

1717 Pennsylvania Avenue N.W.
Suite 500
Washington, D.C. 20006-4623

P 202-371-6351

F 202-289-1330

James "Jim" Van Horn focuses his practice on restructuring and insolvency law as well as compliance and monitorships. He is a trusted adviser valued by clients for his practical, results-oriented approach and creative strategies in solving complex matters within the framework of their business goals. Jim is ranked as a Band 1 bankruptcy/restructuring attorney by Chambers USA and is named to The Best Lawyers in America.

OVERVIEW

James "Jim" Van Horn focuses his practice on restructuring and insolvency law as well as compliance and monitorships. He is a trusted adviser valued by clients for his practical, results-oriented approach and creative strategies in solving complex matters within the framework of their business goals. Jim is ranked as a Band 1 bankruptcy/restructuring attorney by Chambers USA and is named to The Best Lawyers in America.

Jim has deep experience working directly with senior management, investors, creditors and other stakeholders in matters ranging from out-of-court workouts, prepackaged and prearranged Chapter 11 reorganizations to cram down plans of reorganization and sales of substantially all assets. He is experienced in representing corporate debtors, secured creditors, asset purchasers, official committees of unsecured creditors, liquidating trustees, receivers, investors and other stakeholders, in bankruptcy courts and other courts throughout the United States. Additionally, Jim has experience serving on compliance and monitorship teams in conjunction with both transactional and litigation matters.

Chambers states that “Clients offer praise for his attention to detail and skill as a litigator,” and "Jim crafts nuanced strategies for each matter based on the surrounding circumstances and needs of his client. He is an outstanding advocate in court." Chambers also highlights that Jim “enjoys a strong reputation for his bankruptcy practice, which encompasses a wide range of insolvency law and financial restructuring work.”

Jim is a recognized leader of professional bankruptcy and restructuring organizations including serving as a member of the Turnaround Management Association Global Executive Board of Trustees and a member of the American Bankruptcy Institute Board of Directors. He is a national speaker at industry group conferences and quoted in national publications on bankruptcy and restructuring issues.

Jim holds an MBA in finance, is a Certified Public Accountant, a Certified Insolvency and Restructuring Advisor, and a Certified Valuation Analyst. Prior to joining Barnes & Thornburg, Jim practiced with another nationwide law firm and was an Adjunct Professor at the University of Pittsburgh Joseph M. Katz Graduate School of Business teaching corporate finance and restructuring. He was also a senior consultant in the Bankruptcy and Restructuring Services practice of FTI Consulting, Inc. and a senior associate in the Business Recovery Services division of PricewaterhouseCoopers LLP.

Professional and Community Involvement

Executive Board member, Turnaround Management Association (TMA) Global Executive Board of Trustees

Board of Directors member, American Bankruptcy Institute (ABI)

Co-chair, TMA Global Awards Committee

Member, ABI Advisory Board, Georgetown Views from the Bench Conference

Member, ABI Advisory Board, Delaware Views from the Bench Conference

Member, ABI Mid-Atlantic Endowment Committee

Former Co-chair, ABI Mid-Atlantic Bankruptcy Conference

Former Global Chair, TMA Chapter Resource and Response Committee

Former Global Vice President of Membership, TMA

Former president, TMA Chesapeake Chapter

Former president, TMA Pittsburgh Chapter

Member, Bankruptcy Bar Association for the District of Maryland

Member, Walter Chandler American Inn of Court

Honors

Chambers USA, 2015-2019

The Best Lawyers in America, 2018-2020

Maryland Super Lawyers, Rising Star, 2012

Pennsylvania Super Lawyers, Rising Star, 2007-2008

EXPERIENCE
EXPERIENCE
  • Representing a post-confirmation chapter 11 debtor which originated commercial real estate mortgage loans and investment property residential mortgage loans and also purchased residential first and second mortgage loans from other lenders. Successfully obtained a confirmed chapter 11 plan and presently monetizing assets which has included prosecuting numerous litigation claims, including one matter involving a multi-day trial in bankruptcy court.
  • Representing a Liquidating Trustee of a biopharmaceutical company in monetizing certain intellectual property and other remaining assets. This involved marketing various types of intellectual property including patents, licenses and trade secrets. Successfully negotiated and entered into various sales agreements with multiple third party purchasers, and our work resulted in significant economic recoveries for the creditors and stakeholders of the Liquidating Trust.
  • Represented federal court receiver in handling all transactional aspects of the sale and/or liquidation of a chain of international grocery stores, as well as litigation aspects including creditor claims, judicial approval of each sale and representation at discovery depositions and responses to discovery requests. Obtained a gross amount of $7.55M through the sale of various grocery stores.*
  • Represented federal court receiver of the manufacturer and designer of lead crystal in its restructuring and eventual wind down and sale of its assets.*
  • Served as debtor’s counsel representing an assisted living facility in chapter 11 in its restructuring and going concern sale. Successfully negotiated with the indenture trustee and unsecured creditors to obtain a confirm chapter 11 plan containing broad third party releases.*
  • Served as debtor’s counsel representing a video game and DVD retail store chain in chapter 11 in its restructuring and sale of its assets after a competitive auction. Successfully negotiated and confirmed a chapter 11 plan.*
  • Served as partner co-leading multi-disciplinary team representing a national telecommunications provider in acquiring over 1,400 stores out of a national chapter 11 retail bankruptcy case.*
  • Served as debtor’s counsel representing a tier 2 automotive supplier in its chapter 11 restructuring and going concern sale. Successfully negotiated and obtained a confirmed chapter 11 plan.*
  • Served as debtor’s counsel representing a nursing home and assisted living center in its chapter 11 case. Successfully negotiated and obtained a confirmed chapter 11 plan.*
  • Served as counsel for one of the nation’s largest banks in numerous chapter 11 cases and other out-of-court matters involving cash collateral; obtaining adequate protection for the use of the bank’s cash collateral; negotiating loan modifications and forbearance agreements with borrowers; negotiating note sale agreements to third party purchasers to monetize the bank’s position where strategically advantageous for the bank; exercising enforcement actions including commencing litigation against borrowers and guarantors for the repayment of debt obligations and obtaining judgments as a results of those actions; enforcing these judgments through writs of attachments on borrower and guarantor personal property and real property; foreclosing on real property; issuing writs of garnishment on other accounts held by borrowers and guarantors; and successfully engaging in negotiations with borrowers to implement a workout and repayment of the debt obligations owed to the bank.*
  • Represented a publicly traded company in its out-of-court workout. This U.S. federal government contractor became distressed and our work involved leading the legal team in advising the company in its workout and dual sale path process, as well as attending multiple board of director meetings to advise the board on insolvency and governance issues. Also involved contingent chapter 11 bankruptcy planning, however, achieved a successful result in negotiating and closing on a transaction taking the company private and avoiding a bankruptcy filing which preserved the company as a going concern business.*
  • Represented a national media and publishing company with business units in several different states. All business units were sold and successfully settled over 275 claims representing over $10 million in total. Also involved litigating and resolving a number of lawsuits creditors had filed against the company in multiple states and successfully winding the company down without the need to file for bankruptcy.*
  • Represented a wholesale distributor of fence products with business units in several different states in its out-of-court workout. Successfully advised the company on various corporate governance issues, revised corporate by-laws, membership agreements and other corporate governance documents, entered into negotiations with various stakeholders, successfully spun off certain business units and reorganized other business units to effectuate a complete workout of the company which allowed it to continue operating much more profitably as a going concern.*
  • Represented the Official Committee of Unsecured Creditors of a national mobile marketing company in chapter 11, and after obtaining a confirmed chapter 11 plan, represented the plan administrator and trustee of the post-confirmation creditors’ litigation trust. Involved resolving multiple issues relating to the debtor’s DIP loan and sale of assets, and working the trustee to pursue litigation (including D&O litigation and auditor malpractice), to reconcile claims and administer the trust. Obtained a significant recovery for the creditors.*

*These matters occurred prior to joining Barnes & Thornburg.

PRESENTATIONS
  • Guest, "Bill Rochelle on Bankruptcy", ABI video program, January 2018
  • Speaker, "Dead Malls Walking: Key Issues & Strategies in Merchant and Mall Owner Bankruptcies and Restructurings", ABI Winter Leadership Conference, December 2017
  • Guest, "Eye on Bankruptcy", ABI video program analyzing the latest judicial opinions, November 2017
  • Speaker, "Best Practices for Motion and Brief Drafting", ABI Delaware Views from the Bench Conference, September 2017
  • Moderator, Judicial Debates, ABI Mid-Atlantic Bankruptcy Conference, August 2017
  • Speaker, "Is Retail the New Energy?” TMA Mid-Atlantic Regional Symposium, June 2017
  • Speaker, "Fueling Bankruptcy Fire Restructuring Oil Gas Industry", ABI Mid-Atlantic Bankruptcy Conference, August 2016
  • Speaker, "Ethical Considerations in Wake of Baker Botts", Walter Chandler American Inn of Court Panel Discussion, January 2016
  • Speaker, "M&A Opportunities in Healthcare and Energy Industries", TMA – ACG Private Equity Forum, November 2015
  • Speaker, "Chapter 11 Plan Confirmation Issues", Virginia Mid-Atlantic Institute on Bankruptcy and Reorganization Practice Conference, September 2015
  • Speaker, "Keeping Up With The Supremes: US Supreme Court Update", ABI Mid-Atlantic Bankruptcy Conference, August 2015
  • Speaker, "Executory Contracts, Critical Vendors and PACA Claims", Walter Chandler American Inn of Court, November 2014
  • Speaker, "Federal and Virginia Receiverships and Other Bankruptcy Alternatives", Virginia Mid-Atlantic Institute on Bankruptcy and Reorganization Practice Conference, September 2014
  • Speaker, "Shakedowns vs. The Pursuit of Justice: The Current Landscape of Avoidance Actions", ABI Mid-Atlantic Bankruptcy Conference, August 2014
  • Speaker, "Hot Topics and Trends in Restructuring ", TMA Mid-Atlantic Regional Symposium, June 2014
  • Speaker, "Restructuring and Bankruptcy Alternatives to Maximize Value", TMA Mid-Atlantic Regional Symposium, June 2013
  • Speaker, "Anatomy of a Bankruptcy", National Association of Health and Educational Facilities Finance Authorities Spring Conference, April 2013
  • Speaker, "Early Warning Signs of Distress", Healthcare and Life Sciences Private Equity & Finance Conference, February 2013
  • Speaker, "Commercial Lease and Landlord/Tenant Issues", Walter Chandler American Inn of Court, March 2012
  • Speaker, "Post-Confirmation Issues", ABI Mid-Atlantic Bankruptcy Conference, August 2011

These occurred prior to joining Barnes & Thornburg.

PUBLICATIONS
  • “When First in Time is Not First in Right,” American Bankruptcy Institute Journal, January 2015
  • “Prepacks on the Rise in Chapter 11 Bankruptcies,” The Journal of Corporate Renewal (TMA), August 2008

These occurred prior to joining Barnes & Thornburg.

INSIGHTS AND EVENTS
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