David M. Powlen Partner
Experienced in business bankruptcy, insolvency and special situations, David is regularly involved in Chapter 11 cases before the U.S. Bankruptcy Courts in Delaware and the Southern District of New York and in many other jurisdictions. He represents secured and unsecured creditors; investors; purchasers of assets; parties to leases, licenses and other agreements; defendants in actions to recover alleged preferences or other transfers; and a variety of other clients. Also, David is involved in merger, acquisition, financing and restructuring transactions and delivering opinions associated with them, and he appears in cases before the U.S. District Court for the District of Delaware, the Delaware Court of Chancery and the Delaware Superior Court.
David is frequently called to consult with and assist other professionals, both outside and inside the firm, in analyzing issues and executing upon a broad array of assignments. He enjoys the variety and often fast-paced nature of his work and in dealing with the challenges presented. He looks for opportunities to be an innovator and developer of desirable outcomes, in addition to being an advocate and problem solver, for clients.
David has completed multiple terms as chair of the firm’s Finance, Insolvency and Restructuring Department, has been a member of the Management Committee and the Non-Legal Affiliates Committee, and at various times has served in other administrative roles for the firm. Reflecting the scope of his practice, he is also a member of the Corporate Department, the Litigation Department and several practice groups. While residing in Indianapolis earlier in his career with the firm, David was the first attorney there who concentrated on and developed a practice in creditors’ rights and bankruptcy law. Also, he helped start the firm’s Delaware office in 2009 and has been based there since.
From 2001 through 2008, David worked full-time as a senior investment banker and financial advisor on merger and acquisition, recapitalization, reorganization, valuation and other assignments. During that time, he achieved and to the present has maintained the designation of a Certified Insolvency & Restructuring Advisor (Association of Insolvency & Restructuring Advisors). From his roles and experiences in those years, David brings an interdisciplinary approach to and keen aptitude for the business aspects of assignments.
David has been a speaker at programs for and author in publications by the American Bar Association, American Bankers Association, American Bankruptcy Institute, Association of Insolvency & Restructuring Advisors, Commercial Law League, National Business Institute, National Association of Credit Managers, Turnaround Management Association, and other professional and industry associations.
Professional and Community Involvement
Board of Advisors, Mid-Atlantic States Conference of the American Bankruptcy Institute
Former Board of Advisors, Central States Conference of the American Bankruptcy Institute
Former Co-Chair, Financial Advisors & Investment Banking Committee of the American Bankruptcy Institute
Member, Business Bankruptcy Committee of the American Bar Association (Secured Creditors Subcommittee)
Master of the Bench, Delaware Bankruptcy Inn of Court
Governance Fellow, National Association of Corporate Directors
Board of Directors, Downtown Visions (a non-profit organization focused on improving the central business district of Wilmington, Delaware)
College Applicant Interview Committee, Harvard Clubs of Delaware and Philadelphia
The Best Lawyers in America, 1995-2019
Delaware Super Lawyers, 2018
Martindale-Hubbell, AV Preeminent