Jeffery Hermann

Array

Los Angeles


Read full biography at www.orrick.com
Jeffery Hermann, a member of the Restructuring Group, concentrates his practice in corporate bankruptcy cases, enforcement of and foreclosure of security interests in real and personal property, loan workouts and restructures, and negotiation and documentation of secured lending transactions.

He regularly represents secured and unsecured creditors, purchasers of assets from bankruptcy estates, bondholders, secured lenders and creditor committees, including debtor-in-possession financings and Chapter 11 exit financings.

Before joining Orrick, Jeff practiced law for 23 years at the Los Angeles offices of Brobeck, Phleger & Harrison LLP, the last 17 years as a partner of the firm.

Posts by: Jeffery Hermann

The Unappealing Prospects For Debtors Whose Bankruptcy Plans Are Denied Confirmation

The United States Supreme Court decided a bankruptcy appeal on May 4th that holds that, even though creditors and others aggrieved by the confirmation of a bankruptcy plan can appeal the order confirming the plan as a matter of right, a debtor has no such right to appeal an order denying confirmation.  The basic logic employed by the Court is that an order confirming a plan moves the case forward and alters the rights of the parties, whereas an order denying confirmation does neither because the debtor can merely propose another, different plan.

The case is Bullard v. Blue Hills Bank,[1] an appeal from the Bankruptcy Court for the District of Massachusetts that made its way through the Bankruptcy Appellate Panel for the First Circuit and the First Circuit Court of Appeals.  The unanimous decision was authored by Chief Justice John Roberts.

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What Happens in Delaware Does Not Always Stay in Delaware: Caesars Victorious in Venue Battle

On Wednesday, January 28th, the Bankruptcy Court for the District of Delaware transferred venue for the involuntary bankruptcy of Caesars Entertainment Operating Company to Chicago, frustrating attempts by certain second lien noteholders to administer the $18.4 billion case in Delaware. The junior noteholders had filed an involuntary petition in Delaware against CEOC, three days before CEOC and 172 of its affiliates filed voluntary bankruptcy cases in the Bankruptcy Court in Chicago. As a result of the transfer of venue of the CEOC case, Judge Benjamin Goldgar of the Northern District of Illinois Bankruptcy Court will preside over all of the cases, including determining the validity of the involuntary case. In re Caesars Entertainment Operating Company, Inc., No. 15-10047 (KG), 10-11 (Bankr. D. Del. Feb. 2, 2015).

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