Thomas Mitchell, a partner in the San Francisco office, is a member of the Restructuring Group. He concentrates his practice in the areas of bankruptcy, insolvency, creditors’ rights and commercial law.
He has represented secured and unsecured creditors, indenture trustees and others in bankruptcies and workouts in a variety of industries, including technology, rail transportation, air transportation, securities trading, commodities trading, supermarket, automobile sales, construction (including solar energy), retailing, convenience store, health care, telecommunications, film and television production, restaurant, home construction, real estate development, and equipment manufacturing.
He also has extensive experience in the structuring of asset securitization transactions to resolve bankruptcy and commercial law issues, representing issuers, underwriters, and credit enhancers with respect to many asset types, including mortgage loans (residential and commercial, U.S. and foreign), credit cards (secured and unsecured), trade receivables (U.S. and foreign), consumer and marketplace loans, property assessed clean energy (PACE), delinquent property tax receivables, tobacco settlement payments, attorneys’ fee payments in connection with the tobacco settlement, whole business securitization, home equity loans, auto loans, time share loans, excess servicing fees, manufactured home loans, aircraft leases, home relocation receivables, defaulted receivables, electric utility stranded costs, franchise loans, dealer floorplan loans, equipment leases, mutual fund fees, limited partnership interests, bank funds flows, annuity fees, health care receivables, insured student loans, repackaged securities, viatical loans, and insurance premium receivables. In addition, he has been responsible for commercial law and bankruptcy structuring of collateralized debt obligations, municipal derivatives, lease to service contracts, Indian tribe financings, and a wide variety of public finance transactions and project finance transactions. He also represents borrowers and lenders in secured transactions.
The Board of Governors of the Federal Reserve System (Board), the Office of the Comptroller of the Currency (OCC), and the Federal Deposit Insurance Corporation (FDIC) adopted rules (together, the QFC Stay Rules) in 2017 requiring amendments to certain qualified financial contracts (QFCs). The compliance dates for these rules depend on the type of QFC counterparty facing a “covered entity” (as defined below), and are being phased in beginning on January 1, 2019 and ending on January 1, 2020. Notwithstanding this compliance phase-in, dealers subject to the QFC Stay Rules have been requesting that all of their counterparties, including end users, take action to facilitate compliance as though the initial compliance date, January 1, 2019, applied to all types of QFC counterparties. This article is intended to help buy-side participants navigate the compliance process, with emphasis on describing (i) the various types of contracts that constitute “covered” QFCs subject to the rules and (ii) the various alternative methods for compliance.
On May 28, 2015, the United States District Court for the Central District of California affirmed a bankruptcy court order finding that a post-termination assignee of remaining rights under an interest rate swap with a debtor was not a “swap participant” under the Bankruptcy Code (the “Bankruptcy Code”) and, therefore, was not entitled to the safe harbors from the automatic stay provisions of the Bankruptcy Code. READ MORE