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Mackenzie L. Shea

Partner
+1.617.261.3250
Fax +1.617.261.3175

Ms. Shea, a partner in K&L Gates’ Boston office, concentrates her practice on matters of bankruptcy and insolvency. She has experience representing debtors, equity investors, creditor committees, secured lenders, trustees, and buyers in connection with out-of-court restructurings, chapter 11 bankruptcy cases, and other insolvency proceedings. She concentrates primarily on representing troubled companies, having served most recently as debtors’ counsel in the Delaware chapter 11 cases of Brookstone Holdings Corp., Landauer Healthcare Holdings, Inc., and Tri-Valley Corporation.

She has counseled bidders in numerous distressed acquisitions, both in and out of court, and has spoken at several industry conferences on Section 363 sales. She served as the court-appointed examiner in the Massachusetts chapter 11 case of UFood Restaurant Group, Inc. and as national counsel to a major financial institution in a project involving virtually every bankruptcy court across the country.

In 2012, the National Conference of Bankruptcy Judges selected Mackenzie as one of 40 up-and-coming bankruptcy lawyers nationwide for its “Next Generation” program. Prior to entering private practice, she clerked for the Hon. Joel Rosenthal of the U.S. Bankruptcy Court for the District of Massachusetts.

Presentations

  •  “Business Panel: Asset Sales in Chapter 11,” Presented at the MCLE, 16th Annual Bankruptcy Law Conference (November 2014).
  • “Update on Stern v. Marshall,” Presented at the Boston Bar Association’s 23rd Annual Bankruptcy Bench Meets Bar Conference (May 2013).
  • “Current Controversies in Bankruptcy Sales,” Presented at the American Bankruptcy Institute 17th Annual Northeast Conference (July 2010).

Publications

  • “Asset Sales in Chapter 11,” MCLE, 16th Annual Bankruptcy Law Conference, November 2014.
    “Realigning the Core After Stern v. Marshall: An Update on Bankruptcy Court Authority, Conundrums and Fixes,” Boston Bar Association’s 23rd Annual Bankruptcy Bench Meets Bar Conference, May 2013.
    “Equity Sponsors Beware: Delaware Bankruptcy Court Issues a WARNing,” American Bankruptcy Institute Journal, Part 1, Vol. XXX, No. 9, November 2011 and Part 2, Vol. XXX, No. 10, December/January 2012
    “The Good, the Bad, & the Ugly: General Growth’s Good Corporate Governance & Ugly Financial Situation Overcomes Dismissal of its Subsidiaries’ Bankruptcy Filings on Bad Faith Grounds” MCLE, 11th Annual Bankruptcy Law Conference, 2009.

Professional/Civic Activities

  • Boston Bar Association
  • American Bankruptcy Institute
  • Past Co-chair, Boston Bar Association, Bankruptcy Law Section, M. Ellen Carpenter Financial Literacy Program, 2012-2014
  • Past Co-chair, Boston Bar Association, Bankruptcy Law Section, Young Lawyers Committee, 2009-2011

Achievements

In 2012, the National Conference of Bankruptcy Judges selected Ms. Shea as one of 40 up-and-coming bankruptcy practitioners from across the country for Class Year 2 of its Next Generation Program.

In 2009, 2010, 2011, and 2012, Ms. Shea was named a “Rising Star” in the Bankruptcy & Creditor/Debtor Rights category of the New England Super Lawyers publication.

  • Bankruptcy counsel to Brookstone Holdings Corp. and its affiliates in their successful Chapter 11 reorganization in Delaware.
  • Court-appointed Examiner of UFood Restaurant Group, Inc. in its Chapter 11 case in Massachusetts.
  • Bankruptcy counsel to Landauer Healthcare Holdings, Inc. and its affiliates, a durable medical equipment supplier, in its Chapter 11 case in Delaware.
  • Bankruptcy counsel to Tri-Valley Corporation and its affiliates, a publicly traded oil and gas exploration and production company, in its Chapter 11 case in Delaware.
  • U.S. counsel to mortgage loan servicer in connection with nationwide proof of claim redaction project.
  • Restructuring counsel to contract pharmaceutical services provider.
  • Bankruptcy counsel to The Rugged Bear, a retail chain of children’s clothes, in its Chapter 11 case in Massachusetts.
  • Bankruptcy counsel to Oscient Pharmaceuticals Corporation and its subsidiary Guardian II Acquisition Corporation, in connection with the successful sale of the company through Chapter 11 in Massachusetts.
  • Bankruptcy counsel to official committees in bankruptcy cases involving the following companies: Harvard Clinical Technology, Inc., Right-Way Dealer Warehouse, and GPX International Tire Corporation.
  • U.S. counsel to Joint Liquidators of Bermuda based hedge fund, Stewardship Credit Arbitrage Fund, Ltd.
  • Restructuring counsel to a Midwestern producer of liquid eggs and related products. Worked closely with senior lender group to provide the client with additional liquidity and time to restructure its operations and balance sheet.
  • Bankruptcy counsel for a major US lender and post-confirmation Plan Trust in connection with the collapse of The Education Resources Institute, a guarantor of more than $20 billion of private student loans.
  • Bankruptcy counsel to numerous fund sponsors, fund managers, and registered investment advisors in connection with the Securities Investor Protection Act liquidation of Lehman Brothers, Inc. and related Chapter 11 proceedings for Lehman Brothers Holdings.
  • Counsel to bidders and purchasers of numerous distressed businesses both in and out of court.