AREA OF PRACTICE

Bankruptcy & Corporate Restructuring

Biography

Kenneth Aulet is a partner in Brown Rudnick's Bankruptcy and Corporate Restructuring group in the New York office.

Ken represents a wide variety of clients in a wide variety of bankruptcy and bankruptcy-related matters, regularly practicing in bankruptcy courts nationwide including the Southern and Eastern Districts of New York, Delaware, and the Southern District of Texas.

Ken regularly represents official committees, ad hoc committees, and other parties in interest in all aspects of complex Chapter 11 cases, SIPA proceedings, and associated litigation across a wide array of industries. 

In pre-bankruptcy matters, Ken assists clients in analyzing distressed debt, negotiating out of court workouts, and otherwise assisting clients in preparing for potential bankruptcy filings. In active bankruptcy proceedings, Ken assists clients in all aspects of bankruptcy proceedings, including objecting to and negotiating key aspects of “first-day” motions that will set the course of the bankruptcy proceedings; helping creditors navigate the bankruptcy process; investigating and developing causes of action to reallocate value; and negotiating or litigating plans of reorganization. Finally, Ken represents clients in post-bankruptcy litigation brought by litigation trusts or liquidating trusts.

Awards

Representation

Chesapeake Energy Corporation: Currently represents the Official Committee of Unsecured Creditors of Chesapeake Energy Corporation, one of the largest oil and gas exploration companies in the United States, with funded debt of over $9 billion.

Purdue Pharma LP: Currently represents the Ad Hoc Committee of Governmental and Other Contingent Litigation Claimants in the Chapter 11 proceedings of Purdue Pharma LP, the manufacturer of Oxycontin.

The Northwest Company LLC: Currently represents a member and interest holder in the Chapter 11 cases of the Northwest Company LLC.

Vector Launch Inc.: Currently represents the Official Committee of Unsecured Creditors of Vector Launch Inc. in their Chapter 11 proceedings.

EXCO Resources Inc.: Represented the Official Committee of Unsecured Creditors of EXCO Resources Inc., an independent oil and gas company, in its Chapter 11 proceeding, in connection with the successful restructuring of the company’s approximately 1.395 billion of debt, involving a substantial distribution to unsecured creditors. 

Insys Therapeutics, Inc.: Represented the MDL Plaintiffs in the Chapter 11 proceedings of Insys Therapeutics, Inc.

Alta Mesa Resources Inc.: Represented the Official Committee of Unsecured Creditors of Alta Mesa Resources Inc. and its affiliated debtors in their Chapter 11 proceedings.

EdgeMarc Energy Holdings LLC: Represented the Official Committee of Unsecured Creditors of EdgeMarc Energy Holdings LLC in their Chapter 11 proceedings.

Hooper Holmes Inc.: Represented the Official Committee of Unsecured Creditors of Hooper Holmes Inc.in their Chapter 11 proceedings.

Tidewater Inc.: Represented of the Official Equity Committee of Tidewater Inc., one of the largest providers of offshore service vessels in the global energy industry, in connection with a restructuring of the company’s approximately $2.04 billion of debt.

Bonanza Creek: Represented the Ad Hoc Equity Committee in a contested valuation confirmation trial for the plan of reorganization of the company.

Dune Energy Inc.: Represented Dune’s former directors and officers in litigation brought by a litigation trustee created by Dune’s Chapter 11 plan.

Lyondell Chemical Company: Represented the Litigation Trustee of the post-Chapter 11 litigation trust.

Canyon Ranch Hotel & Spa, Miami Beach: Represented a homeowner association in post-reorganization litigation in connection with the chapter 11 filing of Canyon Ranch Miami, a luxury, full-service, ocean front condominium hotel.

MF Global Inc.: Represented the SIPA Trustee for the liquidation of MF Global Inc., including the review and determination of claims against the general estate and the subsequent distribution of general estate funds to those claimants.

Lehman Brothers Inc.: Represented the SIPA Trustee for the liquidation of Lehman Brothers Inc.

Education

Columbia Law School – J.D., Honors, 2011
University of Pennsylvania – B.A., cum laude, 2006

Bar Admissions

New York
US District Court for the Southern District of New York
US District Court for the Eastern District of New York
Publications
Co-author, “The 5th Circuit’s Ultra Petroleum decision and make-whole claims,” Thompson Reuters Westlaw, October 17, 2019.
It's Not Who Hires You but Who Can Fire You: The Case Against Retention Elections, 44 COLUM. J.L. & SOC. PROBS. 589, 606 (2011)
Awards and Honors
Selected by his peers for inclusion in The Best Lawyers in America© in the field of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (2021)