Smith, Elliot M.

Elliot M. Smith

Senior Associate

Elliot Smith has a broad-based corporate and litigation practice focusing on business insolvency, restructuring, distressed lending and investing, and creditor’s rights matters.

In the non-bankruptcy context, Elliot advises clients regarding strategies for proactively responding to customer or supplier financial distress and managing related risk and credit exposure; exercising rights and remedies under the Uniform Commercial Code; structuring acquisitions to protect against insolvency and related risks; and strategies to address future insolvency risk at the contract negotiation stage.

In the bankruptcy context, Elliot advises Chapter 11 debtors, executive management teams, official committees of unsecured creditors, secured lenders, secured and unsecured creditors, commercial landlords, asset purchasers, preference defendants and other parties in interest.

Elliot’s insolvency experience extends across a variety of industries, including steel, mining, automotive, restaurant, retail, e-commerce, manufacturing, senior living, and oil and gas.

Elliot has written and lectured on various bankruptcy and restructuring topics, and has had his analysis and commentary published in numerous industry publications, including Bankruptcy: Law360, The Bankruptcy Strategist, Norton Bankruptcy Law Advisor and the Pratt Journal of Bankruptcy Law. Elliot is also a regular contributor to the Squire Patton Boggs eSquire Global Crossings blog, which analyzes and discusses current restructuring matters and case law developments. In addition, he co-authored portions of a treatise on bankruptcy law concerning the rejection of collective bargaining agreements under section 1113 of the Bankruptcy Code.

Elliot was selected as a member of the Next Generation Program of the National Conference of Bankruptcy Judges, Class of 2012, which recognizes 40 up and coming bankruptcy practitioners with five to 10 years of experience. He has been consistently recognized in Ohio Super Lawyers – Rising Stars, a listing of the top 2.5% of lawyers in the state age 40 or younger, or in practice 10 years or less. He is also recognized in The Best Lawyers in America 2016 and 2017 in the areas of Bankruptcy, Creditor Debtor Rights/Insolvency and Reorganization Law.

Explore

  • Representing a leading steel and mining company in connection with asserting creditor rights, devising strategies for responding to suppliers and customers in financial distress, and defending preference actions in multiple jurisdictions.
  • Representing a leading end-to-end e-commerce service provider in asserting statutory warehouse lien rights and claims, and providing post-petition services, in connection with numerous Chapter 11 retail bankruptcies.
  • Counsel to the Official Committee of Unsecured Creditors in the Chapter 11 cases of In re Optima Specialty Steel, Inc. (Dist. Delaware).
  • Counsel to the debtors and debtors in possession in the Chapter 11 cases of In re Midway Gold US Inc. (Dist. Colorado).
  • Counsel to the debtors and debtors in possession in the Chapter 11 cases of Atna Resources, Inc. (Dist. Colorado).
  • Counsel to the debtors and debtors in possession in the Chapter 11 cases of Flat Out Crazy, LLC (Flat Top Grill and Stir Crazy Restaurant Chains) (S.D.N.Y.).
  • Counsel to owners and senior management team in connection with the Chapter 11 cases of ATLS Acquisition, LLC (Liberty Medical) (Dist. Delaware).
  • Counsel to the debtors and debtors in possession in the Chapter 11 cases of All American Semiconductor (S.D. Florida.).
  • Counsel to the debtors and debtors in possession in the Chapter 11 cases of The LoveSac Corporation (Dist. Delaware).
  • Counsel to the debtors and debtors in possession, and subsequent plan confirmation, the Liquidating Trustee, in the Chapter 11 cases of EaglePicher Holdings, Inc. (S.D. Ohio).
  • Representing the senior secured lender in the Chapter 11 cases of PowerPlus Electric, LLC (E.D. Kentucky).
  • Representing the owner/lender of a cabinetry manufacturing portfolio company in the Chapter 11 cases of Luxe Cabinetry, LLC (C.D. California).
  • Representing a commercial landlord in the Chapter 11 cases of New Creative Enterprises (S.D. Ohio).
  • Advising an indenture trustee for multiple bond issuances in connection with a financially distressed senior living facility that resulted in a full refinance of existing bond debt.
  • Advising an indenture trustee/lender in connection with negotiating and favorably settling a dispute with a not-for-profit issuer and borrower with respect to all outstanding debt obligations.

Education

  • University of Maryland, J.D., 2004
  • Ner Israel Rabbinical College, B.T.L., 2001

Admissions

  • New York, 2011
  • Ohio, 2004

Courts

  • U.S. Dist. Ct., S. Dist. of Ohio
  • U.S. Dist. Ct., N. Dist. of Ohio
  • U.S. Dist. Ct., E. Dist. of New York
  • U.S. Dist. Ct., S. Dist. of New York
  • U.S. Dist. Ct., Dist. of Colorado
  • Listed in The Best Lawyers in America 2016 and 2017, an honor based on an exhaustive peer-review process.
  • Consistently selected for inclusion in Ohio Super Lawyers – Rising Stars, a listing of the top up and coming lawyers in the state.

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  • Co-author, "The Interminable 'Insured vs. Insured' Battle," The Bankruptcy Strategist, September 2017. 
  • Author, "A Lesson From 6th Circ. On 'Applicable Nonbankruptcy Law'," Law360, March 3, 2017.
  • Co-author, "Metals Exploration Bankruptcies," The Bankruptcy Strategist, May 2016.