Lisa M. Schweitzer’s practice focuses on financial restructuring, bankruptcy, insolvency, and commercial litigation.

Lisa has extensive experience advising corporate debtors, individual creditors, committees, and strategic investors in both U.S. Chapter 11 proceedings and restructurings in other jurisdictions in the Americas, as well as Europe and Asia. She also leads companies in multimillion and billion dollar buy and sell side distressed M&A transactions, and litigates multibillion dollar case-dispositive disputes in high-stakes bankruptcy proceedings.

Lisa advises clients in some of the most high-profile bankruptcy matters, including the first-of-its-kind cross-border restructuring of LATAM Airlines Group, which recently received multiple deal of the year awards, including from the Turnaround Management Association, IFLR, and the American Bankruptcy Institute. She is recognized as a leading lawyer in restructuring by Chambers Global, Chambers USA, Benchmark Litigation, IFLR1000, The Legal 500, and was named an “Outstanding Restructuring Lawyer” for 2023 by Turnarounds & Workouts. Clients praise Lisa for being “very bright and incisive, and able to distill complex matters to provide straightforward and practical recommendations” and highlight that her “management in court is impressive.” Additionally, Lisa is well-regarded in the restructuring community, co-chairing the International Insolvency Institute’s Programs and Meetings Committee as well as INSOL International’s program committee for its 2024 annual conference and serving as Secretary of the American College of Bankruptcy’s ACB Foundation.

Lisa joined the firm in 1996 and became a partner in 2006.

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Notable Experience

  • LATAM Airlines Group and its affiliates in their successful reorganization under Chapter 11, including successful litigation regarding various plan, backstop, and claims matters

  • The largest secured creditor in the Chapter 11 case of Kabbage, Inc. d/b/a KServicing, issuer of over $7 billion of loans in connection with the Paycheck Protection Program

  • Miami International Holdings Inc. in its acquisition of LedgerX from FTX subsidiaries in their Chapter 11 cases  

  • Equinox Holdings Inc. in the Chapter 11 proceedings of its subsidiary Blink Holdings Inc.

  • FullBeauty Brands in the acquisition of the assets of Catherines in the Ascena bankruptcy

  • FullBeauty Brands in the acquisition of assets of CUUP, Inc. through an assignment for the benefit of creditors process

  • Mubadala Capital in the successful restructuring of a portfolio company through a new investment and corporate restructuring of the underlying business

  • HCA in connection with Envision Healthcare’s Chapter 11 proceedings and with certain asset purchases from Envision

  • AMERRA Capital Management, LLC and certain related individuals and affiliates in the defense against estate claims brought in the Chapter 11 case of AMERRA’s portfolio company

  • A senior secured lender in the out-of-court workout of an asset-backed facility extended to a residential real estate technology start-up, resulting in the full recovery for the lender through a consensual asset sale process 

  • Doosan Corporation as an investor and contract counterparty in the Si02 Medical Products Chapter 11 case

  • Multinational investment banks in various mortgage REIT situations, including Malachite, brought on by the COVID-19 crisis

  • A leading financial institution in connection with the close out and liquidation of transactions involving Archegos Capital, a family office led by Bill Hwang that suffered over $10.5 billion in losses 

  • Multiple U.S. and non-U.S. banks in the preparation of their U.S. resolution plans and related corporate and restructuring issues

  • American Movil with respect to its contractual relationships with Aeromexico in relation to Aeromexico’s Chapter 11 cases

  • A significant equity holder in the Chapter 11 bankruptcy of PG&E Corporation, the largest utility in the United States, and in a case involving over $50 billion of liabilities

  • Grupo Inbursa and its affiliate CEC as secured prepetition lender and DIP lender in the M&G bankruptcy, including a sale and auction process that led to the full repayment of their debt 

  • A leading global industrial company as a creditor in the bankruptcy of DC Solar, a Ponzi scheme related to the manufacturer of mobile solar generator units

  • Nortel Networks Inc. and affiliates in their U.S. Chapter 11 proceedings

  • Bimbo in its purchase of assets from Interstate Bakeries in their Chapter 11 case

  • A U.S. bank in connection with its credit card program agreements with Brooks Brothers in connection with the Brooks Brothers bankruptcy proceedings 

  • KSL Capital affiliates as controlling CMBS holder and operating advisor to the special servicer in the Chapter 11 proceedings of MSR Resorts, Inc., an owner of luxury hotels and resorts

  • A reinsurer in connection with the return of assets from a Florida insurance company subject to a state receivership proceeding

  • Total SA and affiliates as major customers and contract counterparties in the Chapter 11 proceedings of McDermott International 

  • OCBC, DBS, and UOB as secured and unsecured lenders in the EZRA Holdings Chapter 11 case

  • SMP Ltd., a company subject to Korean rehabilitation proceedings, in litigation against Chapter 11 debtor SunEdison regarding SMP’s rights under a Supply and License Agreement

  • Tempur Sealy, as DIP lender, in acquiring IMS’s business assets in its Chapter 11 bankruptcy sale

  • Total SA and affiliates as major customers and contract counterparties in the Chapter 11 proceedings of McDermott International 

  • Barclays Capital in its acquisition of Lehman Brothers’ North American investment banking and capital markets assets and in a $450 million debtor-in-possession financing facility provided to Lehman

  • Vale in the contested Chapter 15 case brought by the Guernsey Joint Administrators of BSG Resources Ltd. and in related multi-jurisdictional litigation 

  • The UAW as the official Section 1114 representative for 80% of the retirees of The Budd Company, a former auto parts manufacturer, in connection with a settlement reached in its Chapter 11 case

  • Z Capital Partners, as pre-petition secured creditor and stalking horse bidder, in its successful credit bid to buy substantially all of the assets of Real Mex restaurant chain through a Section 363 process

  • Creditor Fintech Investments in connection with the successful restructuring of Vitro, accomplished through bankruptcy proceedings in the U.S. and Mexico

  • Rosetta Resources in the defense and successful settlement of fraudulent conveyance litigation in the Calpine bankruptcy 

  • HP and its affiliates in the defense of preference claims in the Delphi bankruptcy

  • Vencor Inc. (now Kindred Hospitals) in its successful reorganization under Chapter 11

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Selected Activities

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  • Member, Attorney Liaison Group, U.S. Bankruptcy Court for the Southern District of New York and Office of the United States Trustee for Region 2
  • Fellow, American College of Bankruptcy

  • Director, Mobilization for Justice (formerly MFY Legal Services, Inc.)

Publications

“Toggle Plans: A Rising Value-Maximizing Strategy,” (co-author with Hoori Kim) Cleary Global Restructuring Insights, August 2024

“Agencies Adopt Final Guidance for Resolution Plans of Domestic and Foreign Triennial Full Filers,” (co-author with Derek M. Bush, Lauren E. Semrad, Hugh C. Conroy Jr., Brandon M. Hammer, Deborah North, Patrick Fuller, Richard C. Minott, Sean Kim Kwon), Cleary Gottlieb Alert Memo, August 9, 2024

“Recent Success in Dismissing Fraudulent Conveyance Claims in Deed-in-Lieu Transaction,” (co-author with Daniel C. Reynolds, Joseph Lanzkron, Thomas Q. Lynch, and Timothy Wolfe), Cleary Gottlieb Alert Memo, June 26, 2024 

“Bankruptcy Court Grants Creditors Standing to Pursue Claims Against Delaware LLC Directors and Officers,” American Bankruptcy Institute, May 24, 2024 

“The Gol Court Revisits Permissible Lockup Agreements,” (co-author with Sara Watson), Cleary Gottlieb Alert Memo, April 29, 2024

“Delaware Bankruptcy Judge Declines to Order Arbitration of Key Pension Claims,” (co-author with Emily P. King), Cleary Gottlieb Alert Memo, April 3, 2024

“Wildfire Challenges For Utility Investors: Liability Theories,” (co-authored with David H. Botter), Law360, March 7, 2024 

“One Step Ahead: Restructuring Considerations in an Uncertain Economic Climate,” (co-authored with Thomas Kessler), Cleary Gottlieb Selected Issues for Boards of Directors in 2024, January 17, 2024

Americas Restructuring Review 2024, (co-authored with Richard J. Cooper and Richard Minott), Global Restructuring Review, December 2023 

“Cross Border Restructuring & Insolvency 2012-2022: Cases and Developments,” Wolters Kluwer, June 13, 2023

“Bankruptcy: Considerations and Strategies for Directors and Officers of Multinational Companies Seeking to Restructure,” (co-author with Richard J. Cooper and John Veraja), The Directors’ and Officers’ Guide to Restructuring, February 15, 2023

Americas Restructuring Review 2023, (co-authored with Richard J. Cooper, Jessica Metzger, and Richard Minott), Global Restructuring Review, December 2022

“New York State Supreme Court Allows Claims by Minority Lenders Not Participating in Uptier Debt Exchange to Survive Motion to Dismiss,” (co-author with Richard J. Cooper, Sean A. O’Neal, Luke A. Barefoot, Jane VanLare, Kara A. Hailey, Carina S. Wallance, John Veraja), November 2, 2022

“Agencies Seek Comment on Large Bank Resolution,” (co-authored with Derek M. Bush, Hugh C. Conroy, Jr., Allison H. Breault, Lauren E. Semrad), Cleary Gottlieb Alert Memo, May 18, 2021

“Recent Developments in DIP Financing for International and Domestic Debtors,” (co-authored with Richard Cooper, Jessica Metzger, and Richard Minott), Practical Law, August 2022

Americas Restructuring Review 2022, (co-authored with Richard Cooper, Jessica Metzger, and Richard Minott), Global Restructuring Review, December 2021

“Texas Bankruptcy Court Dismisses the NRA’s Chapter 11 Filing for Lack of Good Faith,” (co-authored with Sean A. O’Neal, Luke A. Barefoot, Jane VanLare and Laya Maheshwari) Cleary Gottlieb Alert Memo, May 18, 2021

“Bankruptcy Asset Sales and Acquisition Financing Process: Key Considerations From a Buyer’s Perspective,” (co-authored with Meme Peponis, Katie Reaves, and John Veraja) International Comparative Legal Guide – Lending & Secured Finance 2021, April 7, 2021

“Third Circuit Holds ‘Triangular Setoff’ Unenforceable in Bankruptcy,” (co-authored with Sean A. O’Neal, Luke A. Barefoot, Jane VanLare, Sandra M. Rocks, Penelope L. Christophorou, Kara A. Hailey, and Brandon M. Hammer) Cleary Gottlieb Alert Memo, March 25, 2021; republished by Law360 

“Second Circuit Reaffirms Its Preference for Equitable Mootness,” (co-authored with Sean A. O’Neal, Luke A. Barefoot, Adam Brenneman, Jane VanLare, and Kristin Corbett) Cleary Gottlieb Alert Memo, February 24, 2021

“Supreme Court Holds Mere Retention of Property Does Not Violate Automatic Stay Under §362(a)(3) of the Bankruptcy Code,” (co-authored with Sean A. O’Neal, Luke A. Barefoot, Jane VanLare, Thomas S. Kessler and Jessica Metzger) Cleary Gottlieb Alert Memo, January 19, 2021

“SDNY Rules Transocean’s Internal Restructuring Does Not Violate Notes Indenture,” (co-authored with Richard J. Cooper, Francisco L. Cestero, Duane McLaughlin, Sean A. O’Neal, Luke A. Barefoot, Adam Brenneman, Jane VanLare, John Veraja) Cleary Gottlieb Alert Memo, December 23, 2020

Americas Restructuring Review 2021, (co-authored with Richard Cooper, Kara Hailey, and John Veraja), Global Restructuring Review, December 2020

“Agencies Finalize Resolution Plan Guidance for Certain Foreign Banks,” (co-authored with Derek M. Bush, Katherine Mooney Carroll, Michael H. Krimminger, Lauren E. Gilbert, Hugh C. Conroy, Jr., and Julia A. Knight) Cleary Gottlieb Alert Memo, December 21, 2020 

“A Texas Bankruptcy Court Denies Debtors’ Rent Abatement Motion in the Chuck E. Cheese Cases,” (co-authored with Sean A. O’Neal, Luke A. Barefoot, Jane VanLare, Kara A. Hailey and Andrea B. Jung) Cleary Gottlieb Alert Memo, December 18, 2020; republished by Law360. 

“Bankruptcy Court in Ultra Petroleum, on Remand, Finds Make-Whole Not Disallowed Under Bankruptcy Code,” (co-authored with Sean A. O’Neal, Luke A. Barefoot, Jane VanLare, Michael Weinberg and Jessica Metzger) Cleary Gottlieb Alert Memo, December 17, 2020

“Lessons Learned and Best Practices in LBO Transactions Following the Nine West Decision,” (co-authored with Tom Standifer) Cleary Gottlieb Alert Memo, December 17, 2020 

“Rough Justice: Third Circuit Holds Subordination Agreements May Be Superseded in Cramdown,” (co-authored with Sean A. O’Neal, Luke A Barefoot, Jane VanLare, and Thomas Lynch) Cleary Gottlieb Alert Memo, August 31, 2020; republished by Law360.  

“Dynamic Trends in Chapter 15,” (co-authored with Luke Barefoot, Sean O’Neal, Jane VanLare, and Benjamin Beller), International Comparative Legal Guide to: Restructuring & Insolvency 2020, May 20, 2020

“Buyer Beware! Claims Disabilities Travel with Transfers,” (co-authored with Sean A. O’Neal, Luke A Barefoot, Jane VanLare, Rahul Mukhi, Kara A. Hailey, Ryan Yeh, Thomas Lynch) Cleary Gottlieb Alert Memo, April 29, 2020

“The Section 363 Sale & Acquisition Financing Process: Key Considerations from a Buyer’s Perspective,” (co-authored with Meme S. Peponis, Katie R. Reaves, and Ashley A. Kerr), International Comparative Legal Guide to: Lending & Secured Finance 2020, April 2020

“AG MIT CMO, LLC v. RBC (Barbados) Trading Corp.: Initial Post-COVID-19 Litigation Challenges to Closeouts of Repurchase Agreements,” (co-authored with Carmine D. Boccuzzi Jr., Rishi N. Zutshi, Penelope L. Christophorou, Jane VanLare, Brandon M. Hammer, Sean A. O’Neal, Sandra M. Rocks, Douglas A. Gretz, Colin D. Lloyd, Derek M. Bush), Cleary Gottlieb Alert Memo, March 31, 2020

“Healthcare Industry Stimulus: The Coronavirus Aid, Relief, and Economic Security Act,” (co-authored with Sean A. O’Neal, Luke A. Barefoot, and Jane VanLare), Cleary Gottlieb Alert Memo, March 30, 2020

“Top Considerations for the Retail Industry – What Mall Owners Should be Thinking About,” (co-authored with Luke A. Barefoot, Joseph Lanzkron, Daniel C. Reynolds, and Steven L. Wilner), Cleary Gottlieb Alert Memo, March 24, 2020

“Agencies Propose Resolution Plan Guidance For Three Large FBOs,” (co-authored with Michael H. Krimminger, Derek M. Bush, Katherine Mooney Carroll, and John Anderson Lightbourne), Cleary Gottlieb Alert Memo, March 19, 2020

“Third Circuit Approves Non-Consensual Releases Based on “Exceptional Facts” in Millennium Lab Holdings,” (co-authored with Sean A. O’Neal, Luke A. Barefoot, Jane VanLare, and Thomas Lynch), Cleary Gottlieb Alert Memo, January 6, 2020

“Introduction,” (co-author with Lisa Schweitzer), in GRR’s Americas Restructuring Review 2020, December 12, 2019

“Fifth Circuit Issues New Opinion in Ultra Petroleum, Withdrawing Guidance on Make-Whole Claims,” (co-authored with Sean A. O’Neal, Luke A. Barefoot, Jane VanLare, Michael Weinberg, and Jessica Metzger), Cleary Gottlieb Alert Memo, December 12, 2019

“Highland Filing Shows Benefits Of Ch. 11 For Hedge Funds,” (co-authored with Luke Barefoot and Srinath Reddy Kethireddy), Law360, November 19, 2019

“Cross”-Border Wall? Not for U.S. Recognition of Foreign Insolvency Proceedings,” (co-authored with Luke Barefoot, Jane VanLare, Benjamin Beller, and Ryan Yeh), International Comparative Legal Guide to: Corporate Recovery & Insolvency Laws and Regulations 2019, May 2019

“Agencies Propose Revised RRP Rules,” republished by The Columbia Law School Blue Sky Blog (co-authored with Mike Krimminger, Knox McIlwain, Sarah Stanton, Lauren Gilbert, Josh Nimmo, Brian Kesten, and Luca Amorello), April 11, 2019

“Filing For Bankruptcy To Manage Opioid Suits Is No Magic Pill,” (co-authored with Luke Barefoot and Ryan Yeh), Law360, April 29, 2019

“Fifth Circuit Distinguishes Code Impairment from Plan Impairment, Casts Doubt on Make-Whole Claims,” (co-authored with Sean A. O’Neal, Luke A. Barefoot, Jane VanLare, and Michael Weinberg), Cleary Gottlieb Alert Memo, February 28, 2019

“Gibbs Rule Tested: Implications for Creditors,” co-author with Jim Ho, James Brady, and Hoori Kim, (IFLR, February 15, 2019)

“Agencies Finalize 2019 Resolution Plan Guidance for U.S. G-SIBs,” co-author with Michael H. Krimminger, Sarah M. Stanton, Joshua Nimmo, Lauren Gilbert, Knox McIlwain, and Luca Amorello (Cleary Gottlieb Alert Memo, January 8, 2019)

“First Wave FBOs Receive Feedback Significant Progress, Next Steps Identified,” co-author with Michael H. Krimminger, Sarah M. Stanton, Joshua Nimmo, Lauren Gilbert, Knox McIlwain, and Luca Amorello (Cleary Gottlieb Alert Memo, January 7, 2019)

“U.S. Court Recognizes Croatian Proceeding Settlement Despite English Law Gibbs Rule,” co-author with James Brady and Jim Ho (Cleary Gottlieb Alert Memo, November 6, 2018)

“Ninth Circuit Holds That Impaired Accepting Class Requirement Applies to Plan Confirmation on a ‘Per-Plan’ Rather Than a ‘Per Debtor’ Basis,” (co-author with Jim Bromley, Luke Barefoot, Sean O’Neal, and Dan Soltman), Cleary Gottlieb Alert Memo, republished by the Harvard Law School Bankruptcy Roundtable, April 3, 2018

“Things to Watch in Retail: Key Takeaways,” co-author with Luke Barefoot, Steven Horowitz, Daniel Ilan and Jane VanLare (Cleary Gottlieb Alert Memo, June 23, 2017)

“2017 Insolvency and Corporate Reorganisation Report: US,” James Bromley and Lisa Schweitzer (IFLR, May 25, 2017)

“2016 Insolvency and Corporate Reorganisation Report: US,” James Bromley and Lisa Schweitzer (IFLR, April 28, 2016)

“Lyondell Confirms High Fraudulent-Transfer Claims Standard,” Lisa Schweitzer and Lev E. Breydo (Law360, December 3, 2015)

“S.D.N.Y. District Court Holds Trust Indenture Act Limits Ability of Issuer to Restructure Bonds of Dissenting Bondholders Outside of Bankruptcy,” Lisa Schweitzer, Kara A. Hailey, and Matthew L. Rappoport (Pratt’s Journal of Bankruptcy Law, September 2015, Volume 11, Number 6)

“7th Circ. Empowers In Pari Delicto Defense In Bankruptcy,” Lisa Schweitzer and Grace Kurland (Law360, July 29, 2015)

“5th Circ. Provides Clarity On Ch. 15 Litigation Management,” Lisa Schweitzer and Daniel J. Soltman (Law360, June 17, 2015)

“Chapter 15 Litigation: A Primer After the First Decade,” co-author with Jane VanLare & Matthew Livingston (Norton Bankruptcy Law Advisor May 2017)

“Octaviar Revisited – Litigation Claim is Sufficient Basis to Obtain Chapter 15 Recognition of Australian Proceeding,” Lisa Schweitzer and Grace Kurland (Pratt’s Journal of Bankruptcy Law, September 2014, Volume 10, Number 6)

“Eighth Circuit Holds that Trademark License Granted as Part of Sale Agreement is not Executory,” Lisa Schweitzer and Hugh K. Murtagh (Pratt’s Journal of Bankruptcy Law, September 2014, Volume 10, Number 6)

“Has RADLAX made ‘Indubitably Equivalent’ Arguments Any Less Indubitably Confusing?,” Lisa Schweitzer and Jane VanLare (Pratt’s Journal of Bankruptcy Law, September 2012)

“Second Circuit Holds District Court Must Mandatorily Abstain from Deciding Parmalat State Court Action Related to U.S. Ancillary Bankruptcy Proceeding,” Lisa Schweitzer and Robin Baik (Commercial Law Newsletter, March 19, 2012, Spring 2012)

“Debtors May Benefit from § 363 Protections Post-Confirmation,” Lisa M. Schweitzer and James A. Croft (The Bankruptcy Strategist, February 2012)

Events