Robert Honeywell is a partner at the firm's New York office and a member of the Restructuring and Insolvency practice group. He has three decades of experience in bankruptcy litigation and structured finance transactions. His litigation practice centers on New York and Delaware Chapter 11 bankruptcy cases — with a focus on representing foreign (non-U.S.) creditors in U.S. bankruptcies and defending them against bankruptcy clawback suits — and has included appeals before the Southern District of New York and the Second Circuit Court of Appeals. His transactions practice includes providing deal structure advice and closing opinions to protect against potential bankruptcy challenges later (for example, for recharacterization, true sale/off-balance-sheet challenges, substantive consolidation, or fraudulent transfer). Special areas of expertise have included representing aircraft lessors and lenders in Chapter 11 cases filed by foreign air carriers in New York (including Avianca, Aeroméxico and LATAM), and representing investment funds and brokerage customers in recovering their assets in broker-dealer bankruptcies (including Lehman Brothers).
Robert originally practiced for several years in Houston (his hometown), and has made New York City his home since 1997. Prior to joining the firm, he served as the chair of the restructuring and insolvency practice at an international law firm.
Recent successes include obtaining a judgment in New York federal court (Southern District) against an international bank for breach of its duty to honor a letter of credit securing an aircraft finance facility. Prior successes include the successful restructuring of an equipment finance company (as debtor’s counsel), the first restructuring of Avianca airlines (as creditors’ committee counsel), and the dismissal or consensual settlement of multiple bankruptcy clawback suits. He is currently active in defending against clawback claims in the Sears bankruptcy, and in prosecuting safe harbor defenses against clawback for Islamic finance contracts in the Middle East.
Robert is a member of the American Bankruptcy Institute (ABI) and INSOL International. He is also active in efforts to expand broadband to underserved communities in upstate New York, and serves as a board member of The Brick Theater, an experimental performance space in Williamsburg, Brooklyn.
- “Surviving a Bust: Crypto, NTFs, and Insolvency,” Beverly Hills Bar Association, Webinar, August 2022
- “How Safe Are the ‘Safe Harbors’?: A Look at the Development of Section 546(e) and New Questions After the Supreme Court’s Decision in Merit Management,” with Hon. Michelle M. Harner (U.S. Bankruptcy Court, District of Maryland), Eric R. Goodman (Baker Hostetler), and Brian D. Koosed (K&L Gates). National Conference of Bankruptcy Judges webinar
- “A FERC in the Road to Recovery?: The Clash Between Bankruptcy and Regulated Power Contracts,” with William M. Keyser (K&L Gates). Northwest & Intermountain Power Producers Coalition conference (Seattle)
- “How Chapter 11 Impacts Mexican Companies,” with Elisa Botero (Curtis Mallet). Ilustre y Nacional Colegio de Abogados de México (INCAM) - Mexico City-based webinar (in Spanish)
- “Mapping the Advantages and Disadvantages of the U.S. System and the Spanish System in Terms of Insolvencies,” with Adrian Thery (Garrigues). Fundación Fide - Madrid-based webinar
- “Managing Credit Risk in a Post-Lehman World: Protecting Investment & Finance Transactions Against Potential Bankruptcy Fallout,” with Chad Dale, Stephen Moller, Anthony Nolan and Skanthan Vivekananda. K&L Gates webinar and live presentation (Washington, DC)
- “Best Practices for Achieving a Successful Workout,” 2nd Annual LatinFinance Conference on Corporate Restructuring, Turnaround Management & Distressed Investing (New York)
- “Look Before You Leap: Tips from a New York Bankruptcy Lawyer Before Jumping into the U.S. Market,” IBEF SP Seminário: Nova Lei de Falências (São Paulo)
- “Key Insolvency Issues for Broker-Dealers, Custodial Banks and Counterparties to Repos, Swaps and Other Financial Contracts,” with Anthony Nolan, Donald Smith and Robert Wittie. K&L Gates Financial Services Alert
- “Voyager Digital former executive seeking to file competing restructuring plan,” Axios, 2022
- “Crypto influencer wakes up ‘with Celsius sweats,’” Axios, 2022
- “Voyager Digital's one-of-a-kind bankruptcy,” Axios, 2022
- “$2 trillion crypto crash leaves victims with nowhere to go,” The Times, 2022
- “FERC’s Say in Bankruptcy Gets New Test in FirstEnergy Case,” Bloomberg Law, 2020
