AREA OF PRACTICE

Bankruptcy & Corporate Restucturing

Biography

Sunni Beville represents middle market public and private companies, official and ad hoc committees of creditors and equity holders in complex brokerage firm insolvency cases, chapter 11 bankruptcy cases, chapter 15 bankruptcy cases and out-of-court restructuring matters. Her practice includes all aspects of the insolvency and bankruptcy process, including commencement of chapter 11 and chapter 15 cases, contested plan confirmation hearings, section 363 sale process, contested relief from stay and cash collateral hearings, and fraudulent conveyance and preference litigation.

Sunni also assists institutions in the distressed debt and claims trading industry by facilitating the claims resolution and allowance process for claim holders in chapter 11 cases and advises institutions with respect to status and treatment of claims against debtors in chapter 11 cases as well as in connection with the preparation and prosecution of claims and recovery of securities under the Securities Investor Protection Act.

Sunni was named a 2015 Bankruptcy Rising Star by Law360. She is recognized by her peers for inclusion in The Best Lawyers in America© in the field of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law. She is also recognized in the 2015 edition of Chambers USA: America’s Leading Lawyers for Business in the area of Bankruptcy Law.

Awards

Representation

Representation of the Official Committee of Unsecured Creditors of F-Squared Investment Management, LLC and post-effective date liquidating trustee in the pending Delaware chapter 11 case of this investment management firm that provided various index products on a non-discretionary basis to unaffiliated third parties and separately provided discretionary investment advisory services based on the index products to variously separately managed client accounts.

Representation of the Official Committee of Unsecured Creditors of Boomerang Tube LLC in the Delaware chapter 11 case of this oil country tubular goods (OCTG) supplier, culminating in a successful valuation trial where the court adopted the Committee’s valuation thesis and denied confirmation of the debtors’ proposed plan that provided general unsecured creditors with zero recoveries, which victory resulted in a cash recovery for general unsecured creditors.

Representation of the Official Committee of Unsecured Creditors of Fisker Automotive in the Delaware chapter 11 case of this leading electric vehicle manufacturer with world-wide IP and operations, achieving a 500% increase in the dividend to unsecured creditors by obtaining emergency orders limiting the credit bid rights of the secured creditor at an auction compelled by the Committee.

Representation of the Official Committee of Unsecured Creditors of ClearEdge Power in the Northern District of California chapter 11 case of this venture capital-funded fuel cell company, leading the efforts to achieve a successful sale resulting in the assumption of major customer contracts, a significant reduction in liabilities and a cash payment to the estate of over $12 million.

Representation of the Official Committee of Unsecured Creditors of A123 Systems, Inc., a leading battery and smart-grid public technology company, in connection with the resolution of cutting-edge legal and strategic issues as to the claims of the U.S. Department of Energy in connection with technology grants and the approval of the sale of U.S.-sponsored intellectual property to a Chinese acquirer and the requisite approvals by CFIUS and other regulatory bodies.

Representation of Beacon Power Corporation, a publicly traded green technology company in its chapter 11 proceedings pending in Delaware, including as to the resolution of its financing and other relationships with the US Department of Energy.

Representation of Awal Bank, BSC, through Charles Russell, LLP, London as External Administrator of Awal Bank in a Kingdom of Bahrain administration, in connection with its chapter 15 and chapter 11 proceedings in Southern District of New York to recover US assets for distribution to Awal Bank’s world-wide creditors in the Bahraini administration.

Representation of Partsearch Technologies, Inc., a supplier of after-market parts and warranty service to Best Buy and other retailers, in its chapter 11 proceedings in Southern District of New York, resulting in a successful sale of the company that generated millions of dollars of additional value by utilizing the bankruptcy process to preserve the company’s tax attributes for the benefit of purchaser.

Representation of GSI Corp., a publicly traded semiconductor and components manufacturer, in its chapter 11 proceedings, culminating in its successful reorganization and $100 million section 1145 rights offering.

Representation of the City of Glendale, Arizona as the largest creditor and owner of the arena in the chapter 11 proceedings of the NHL’s Phoenix Coyotes hockey franchise.

Representation of numerous clients in the various insolvency proceedings commenced by Lehman Brothers Holdings Inc. and its subsidiaries, to facilitate the transfer of fully paid securities to customer accounts, to terminate outstanding securities and commodity transactions, and to enforce any resulting claims or take any actions required to obtain the return of property held by Lehman.

Representation of indenture trustees and institutional bondholder groups in bankruptcy and non-bankruptcy litigation to maximize recovery of investment in distressed bond issues.

Representation of administrative agents and second lien lenders in bankruptcy and non-bankruptcy litigation to maximize recovery of investment in distressed bank debt matters.

Representation of Plan Administrator in the wind down of the Riverstone chapter 11 cases.

Representation of global contract manufacturer of health and beauty products in out-of-court restructuring and in ongoing general corporate and financial matters.

Representation of Official Committee of Equity Holders in Riverstone chapter 11 cases, successfully minimizing estate liability on account of indemnification claims of former officers and directors and realizing recoveries for equity holders.

Representation of Ad Hoc Trade Claims Committee in the Adelphia chapter 11 cases, increasing recoveries for all operating company creditors by nearly $200 million.

Representation of Ad Hoc Committee of Subordinated Noteholders in successful exchange offer and pre-packaged chapter 11 filing of a leading provider of diagnostic imaging services for the health care industry.

Representation of Ad Hoc Trade Claims Committee in the Solutia chapter 11 cases.

Representation of Ad Hoc Trade Claims Committee in the MCI / WorldCom chapter 11 cases, successfully increasing our clients’ plan recoveries by nearly 50%.

Representation of the Liquidation Trustee and the Official Creditors’ Committee in the Global Crossing, Ltd. and related entities chapter 11 cases, including with respect to the successful litigation of over 100 preference actions.

Education

Boston College – J.D., magna cum laude, 2001
Yale University – B.A., 1997

Bar Admissions

Massachusetts
Federal District of Massachusetts
Publications
Professional Affiliations
Awards and Honors