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Stephen Lerner
Partner
Stephen Lerner is chair of the Squire Patton Boggs Restructuring & Insolvency Practice Group. He has an extensive national and cross-border restructuring practice in which he represents debtors, distressed businesses, committees of unsecured creditors, secured and unsecured creditors, equity interest holders and acquirers of troubled businesses in Chapter 11 reorganization cases, Chapter 15 cross-border cases, Chapter 9 municipal restructurings and out-of-court restructurings throughout the United States, Europe and, more recently, in the United Arab Emirates, South America and India.
Stephen has led the representation of debtors or other leading parties in the Chapter 11 restructurings of AmFin Financial, Chrysler, EaglePicher, Energy & Exploration Partners, Enron, Lehman Brothers, Midway Gold, Optima Specialty Steel, Patriot Coal, Station Casinos and Veris Gold, among many others, and he represented the Court Appointed Expert in the City of Detroit’s historic Chapter 9 case. Stephen currently is serving as special counsel to the State of New Jersey in the out of court restructuring of Atlantic City and as lead restructuring advisor to Dana Gas PJSC, the largest independent gas company in the Middle East, in its US$700 million Islamic financing restructuring. Stephen also led Squire Patton Boggs’ representation of the American College of Bankruptcy in filing an amicus brief with the United States Supreme Court in the significant Stern related case of Executive Benefits Insurance Agency v. Peter H. Arkison, Trustee of the Estate of Bellingham Insurance Agency, Inc.
- Significant Debtor/Company Engagements include: All American Semiconductor, AmFin Financial Corporation, Atlantic City (acting for the State of New Jersey), Astro Container, Beechknoll Nursing Homes, Atna Resources, Inc., Brendamour's, Inc., British American Insurance Company Limited, British American Isle of Venice, Cincinnati Incorporated, Dana Gas PJSC, Dominion Homes, EaglePicher Holdings, Flat Out Crazy LLC (Flat Top Grill and Stir Crazy Restaurants), Kenwood Towne Place, Lodestar Energy, Midway Gold Corp., Schulte Metal Finishing, Veris Gold USA, Inc., WCI Steel and WorldCom.
- Significant Committee Engagements include: Advanced Marketing Services (committee member), Constellation Enterprises, Chrysler (Ad Hoc Committee of Chrysler Affected Dealers), Energy & Exploration Partners, Inc. (committee chair), EnviroSolutions, Enron Corp., F&M Distributors (committee member), J. Peterman, Mesaba Aviation, Midstates Petroloeum, Optima Specialty Steel, Phar-Mor (committee member), Santa Fe Gold Corporation and SHC, Inc. (Top-Flite).
- Significant Institutional Lender/Investor/Creditor Engagements include: Adelphia Communications, Aleris International, American Home Mortgage, Ames Department Stores, Baldwin Piano and Organ, Bethlehem Steel Liquidation Trust, Breitburn Energy Partners, Calpine, Carlton Cove, Casey Tool, Chassix, Inc., Chiquita Brands International, Commercial Alloys Corporation, Crew Creative Advertising, DBSI, Inc., Energy & Exploration Partners, Inc., Fontainebleau Las Vegas, Furnas Farms, Gencor, General Motors, GLC Limited, Goodrich Petroleum, Great Atlantic & Pacific Tea Company (A&P), Harvey Electronics, James River Coal, Lehman Brothers, Levitz Furniture, Loewen Group, Madoff Investment Securities, National Century Financial Enterprises, Omega Navigation Enterprises, Ownit Mortgage Solutions, Patriot Coal, Penson Worldwide, PRS Insurance Group, PSL North America, Refco, RG Steel, SandRidge Energy, The Durrant Group, The Groves in Lincoln, Tropicana Entertainment, U. S. Coal, Walker Wood Products, Westinghouse Electric Company LLC, Wornick and Z Gallerie.
- Significant Board, Board Committee and Director Engagements include: ATLS Acquisition, LLC (Liberty Medical), Elder-Beerman Stores, FirstEnergy Corp., Jameson, JER/Highland, LTV and Station Casinos.
Education
- University of Pennsylvania, J.D., 1985
- University of Pennsylvania, M.A., magna cum laude, 1982
- University of Pennsylvania, B.A., magna cum laude, 1982
Admissions
- New York, 1986
- Ohio, 1991
Courts
- U.S. Ct. of App., Sixth Circuit
- U.S. Dist. Ct., E. Dist. of New York
- U.S. Dist. Ct., S. Dist. of New York
- U.S. Dist. Ct., S. Dist. of Ohio
- U.S. Supreme Court
Memberships and Affiliations
- Fellow and Chair of the Board of Regents of the American College of Bankruptcy, formerly Regent for the 6th Circuit
- Program Chair of the American Bankruptcy Institute Midwest Regional Bankruptcy Seminar
- Member of the Board of Directors of the American Bankruptcy Institute
- Member of the New York chapter of the Turnaround Management Association
- Founder and member of the Tri-State Association for Corporate Renewal
Authorship & Speaking Engagements
- Frequently teaches and lectures throughout the United States, Canada and Europe on bankruptcy and restructuring issues.
- Served as a guest lecturer teaching on the acquisition of distressed companies in the Private Equity Finance Course at Harvard Business School.
- Served as a guest lecturer at The University of Michigan Law School where he spoke on his experience as counsel for a dealer committee in the Chrysler Chapter 11 case.
- Regular speaker at the National Conference of Bankruptcy Judges (including 2010, 2011, 2012, 2014 and 2017) and ABI Conferences, including Annual Spring Meeting (2015, 2016, 2017 and 2018), Central States Bankruptcy Workshop (2015) and Northeast Bankruptcy Conference (2015).
- Served as a panelist at the 75th Judicial Conference of the Sixth Circuit in Nashville, TN on a panel entitled “Using Chapter 11 to Sell Rather Than Reorganize” (2018).
- Participated in the ABI’s 2018 Annual Spring Meeting in a debate on “The Most Important Bankruptcy Case Ever.”
- Delivered a keynote address at the TMA Annual Europe Conference in Rome, Italy (2016).
- Participated in the Colorado Mining Association’s 118th National Western Mining Conference on a panel entitled "How to Manage Financial Distress in the Mining Industry."
- Co-author of “Chapter 11 Bankruptcy: Topics and Trends in 2014” published in the 2015 edition of Chapter 11 Bankruptcy and Restructuring Strategies, published by Aspatore Books as part of its Thought Leadership series.
- A contributing author to the Bloomberg Law: Bankruptcy Treatise, which was first published online in December 2014.
- Served on the Bankruptcy Working Group (and Chair of the Large Chapter 11 committee) of the Bankruptcy Court Structure and Insolvency Process Committee of the ABA Business Law Section which issued a “Best Practices Report on Electronic Discovery (ESI) Issues in Bankruptcy Cases” published in the August 2013 edition of The Business Lawyer (American Bar Association).
- Co-authored “Not Every Promise is a Capital Commitment – Litigating Section 365(o) Claims by the FDIC” published in Pratt’s Journal of Bankruptcy Law (January 2013) which analyzes Squire Patton Boggs’ precedent setting litigation victory for client AmFin Financial Corporation over the FDIC in a $700+ million dispute.
- Author of "Recent Bankruptcy and Financial Restructuring Law: Looking to 2013", a chapter of Bankruptcy and Financial Restructuring Law 2013, published by Aspatore Books as part of its Thought Leadership series.
- Co-author of “Practicing Chapter 11 Restructuring and Bankruptcy in a Struggling Economy,” the lead chapter of the 2012 edition of Chapter 11 Bankruptcy and Restructuring Strategies, published by Aspatore Books as part of its Thought Leadership series.
- Co-author with several colleagues of Pre-Bankruptcy Planning for the Commercial Reorganization – A Brief Guide for the CEO, CFO/COO, General Counsel and Tax Advisor, published by the American Bankruptcy Institute.
- Honored with Turnaround Atlas Award for 2018 Chapter 11 Restructuring of the Year ($500 million to $1 billion) for the representation of the Official Committee of Unsecured Creditors of Optima Specialty Steel (Delaware)
- Recognized in Chambers USA 2018 in: Ohio - Bankruptcy/Restructuring as a Star Individual
- Recognized in Chambers USA 2017 Edition for: Ohio - Bankruptcy/Restructuring as a Star Individual
- Honored by Chambers USA from 2004 through 2008 as a Tier 1 Ohio Bankruptcy/Restructuring and, from 2009 to the present, as one of fewer than 15 bankruptcy and restructuring lawyers in the US to receive a Star Individual ranking
- Recognized in The Best Lawyers in America since 1995
- Named Best Lawyers' 2015 Cincinnati Bankruptcy Litigation Lawyer of the Year
- Recommended for Corporate Restructuring by Legal 500 2015
- Named Best Lawyers' 2014 Cincinnati Bankruptcy Litigation Lawyer of the Year
- Named Best Lawyers’ 2013 Cincinnati Debtor/Creditor Rights and Insolvency/Reorganization Law Lawyer of the Year
- Named Best Lawyers’ 2012 Cincinnati Debtor/Creditor Rights and Insolvency/Reorganization Law Lawyer of the Year
- Named a perennial Ohio Super Lawyer and, in 2007, was honored as one of the top 10 overall Super Lawyers in the state of Ohio