Frank A. Oswald 5YEARSAWARDED

Frank A. Oswald

recognized lawyers icon Recognized in Best Lawyers since 2022
Awarded Practice Areas
Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Frank A. Oswald
Frank A. Oswald
New York, NY
Works at
Nixon Peabody LLP

216 Best Lawyers awards

Nixon Peabody LLP logo

Biography

For more than 30 years, Mr. Oswald has focused his practice exclusively on bankruptcy, out-of-court restructurings and creditors' rights matters. Mr. Oswald has represented clients in all facets of bankruptcy cases as well as insolvency issues in business transactions.

Mr. Oswald is a partner at Togut, Segal & Segal LLP, which he joined in 1986 following internships with the late Hon. Conrad B. Duberstein, Chief Bankruptcy Judge, and the Hon. Cecilia Goetz, Bankruptcy Judge (retired) in the Bankruptcy Court for the Eastern District of New York. Since then, Mr. Oswald has represented chapter 11 debtors, bankruptcy trustees, creditors' committees, secured and unsecured creditors, shareholders, distressed investors, defendants in avoidance actions, mediators, plan administrators, as well as landlords and tenants in bankruptcy cases, and entities seeking to acquire assets out of bankruptcy.

Mr. Oswald has been named a New York Super Lawyer every year since 2010. He is also a member of the EDNY's Bankruptcy Judges' Chapter 11 Lawyers Advisory Committee, Board of the Turnaround Management Association (NY Chapter), a member of the ABI's Committee on Healthcare Law, and a recognized lawyer in Chambers USA and Best Lawyers in America.

Works at
Nixon Peabody LLP

216 Best Lawyers awards

Nixon Peabody LLP logo

Locations

Education

  • New York Law School, J.D., graduated 1986
  • Baruch College, B.B.A. - Management, graduated 1983

Bar Admissions

  • New York, 1986
  • New Jersey, 1986

Court Admissions

  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • United States District Court for the District of New Jersey
  • United States Court of Appeals for the Second Circuit
  • Supreme Court of the United States

Affiliations

  • American Bankruptcy Institute and Health Care Subcommittee - Member
  • American Bar Association - Member
  • Association of Insolvency and Restructuring Advisors (AIRA) - Member
  • Bankruptcy Lawyers Bar Association - Member
  • New York City Bar Association - Bankruptcy Committee Member
  • New York State Bar Association - Member
  • Practical Law Bankruptcy Advisory Service - Board Member, 2016
  • Turnaround Management Association - Member
  • Turnaround Management Association New York Chapter - Executive Board Member, General Counsel/Governance Committee
  • U.S. Bankruptcy Court EDNY Chapter 11 Lawyers Advisory Committee - Member

Federal Clerkships

  • United States Bankruptcy Court

Client Testimonials

Awards & Focus

Recognized in The Best Lawyers in America® 2027 for work in:
  • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Awards:
  • Named a Super Lawyer every year since 2010
  • Ranked Lawyer in Chambers USA
  • Recognized in Best Lawyers in America for New York City
  • AV Preeminent Rating - Martindale-Hubbell Pier Review, 1996 - Present

Additional Information

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Case History

Cases
  • Endo Pharmaceuticals
Co-counsel to the Debtors, a global pharmaceutical company with over $8 billion in liabilities, in their prearranged chapter 11 cases.
  • Pareteum
Lead counsel to the Debtors, a global cloud communications platform company, in a section 363 sale of substantially all of the Debtors' assets and proposed chapter 11 plan of liquidation.
  • Rubie's Costume Company
Co-counsel to the Debtors, the largest costume manufacturer and distributor in the world, with annual sales of approximately $300 million, in their chapter 11 restructuring.
  • McClatchy Newspapers
Co-counsel to the Debtors, a 163-year-old family-controlled public company that provides independent local journalism to 30 communities in 14 states through its local newspapers, including well-respected publications such as the Miami Herald, The Kansas City Star, The Sacramento Bee, The Charlotte Observer, The (Raleigh) News & Observer, and the (Fort Worth) Star-Telegram, as well as national news coverage through its Washington, D.C. bureau, in restructuring approximately $1.6 billion in debt.
  • Trident
Co-counsel to the debtors, the leading national provider of bedside diagnostic and related services in the United States operating in 35 states, in the restructuring of approximately $700 million in liabilities.
  • Pacific Drilling (2017)
Counsel to the Debtors, which specialize in ultra-deep water drilling for a myriad of the largest oil and gas companies in the world, in the restructuring of more than $3 billion in liabilities.
  • Toisa
Lead counsel to the debtors, 24 international shipping companies involving 46 vessels and the restructuring of more than $1 billion in liabilities
  • SunEdison
Co-counsel to the debtors, one of the world's leading developers of renewable-energy solutions, involving the restructuring of more than $16 billion in liabilities.
  • Relativity Fashion
Counsel to the Official Committee of Unsecured Creditors of 143 debtors engaged in motion picture and television production and distribution, resulting in the restructuring of liabilities exceeding $750 million.
  • Federation Employment and Guidance Service, Inc, d/b/a FEGS
Co-counsel to the Debtor, a not-for-profit health and human services organization providing a broad range of services to more than 120,000 individuals annually, with assets and liabilities exceeding $100 million.
  • Sound Shore Medical Center of Westchester
Counsel to the Purchaser in a section 363 sale of substantially all of the debtors' assets for approximately $60 million. The debtors operate two hospitals and a nursing home.
  • Personal Communications Devices
Co-counsel to the Debtors, a distributor of specialty mobile devices and accessories which also provides value added services to manufactures and wireless telecom carriers with sales exceeding $1 billion.
  • Grubb & Ellis
Lead counsel to the Debtors, an international real estate brokerage and property management company, with more than 100 offices and revenue exceeding $500 million which was sold as a going concern in a transaction approved by the Bankruptcy Court in less than 45 days following the commencement of the Chapter 11 case.
  • Eastman Kodak
Co-counsel to the Official Committee of Unsecured Creditors appointed in the Kodak Chapter 11 cases which involves the restructuring of more than $1billion in liabilities.
  • Betsey Johnson
Co-counsel to the Debtor, a leading designer, marketer, retailer and wholesaler of premier women's contemporary apparel and accessories in its Chapter 11 case involving the orderly liquidation of 63 retail and outlet stores.
  • Loehmann's Department Stores
Lead counsel to the Debtors, a leading national specialty retailer of designer and brand-name apparel, concerning the restructuring of $190 million in liabilities pursuant to a Chapter 11 plan confirmed by the Bankruptcy Court within 12 weeks of case commencement.
  • General Motors
Conflicts counsel to the Debtors concerning the largest OME in the United States involving the restructuring of more than $80 billion in liabilities.
  • Chrysler
Conflicts counsel to the Debtors in the first Chapter 11 case ever filed by an OME concerning the restructuring of a more than $55 billion in liabilities.
  • Charter Communications
Counsel to one of the affiliated debtors which together is one of the largest cable/broadband communication companies in the United States, involving the successful restructuring over $22 billion in liabilities.
  • Enron
Co-counsel to the Debtors in one of the largest bankruptcy cases ever filed wherein, among other things, the firm prosecuted more than 1,000 adversary proceedings and recovered in excess of $500 million for the estate.
  • Our Lady of Mercy Hospital
Lead counsel for the Debtor involving more than $100 million in liabilities, successfully consummated the Chapter 11 sale of substantially all of the hospital's assets as a going concern.
  • Saint Vincents Hospitals
Conflicts counsel to the Debtor hospitals involving the restructuring over $1 billion in liabilities.
  • Cabrini Medical Center
Lead counsel to the Debtor, which having ceased operations, commenced a Chapter 11 case to maximize asset value through a Section 363 sale process.
  • Finlay Jewelry
Conflicts counsel to the Debtors, a national chain of retail jewelry stores involving over $385 million in liabilities.
  • Tower Automotive
Conflicts counsel to one of the largest automotive parts supplier's in the country to tier-one manufacturers.
  • MSR Resort Golf Course
Conflicts counsel to the Official Committee of Unsecured Creditors.
  • Ellen Tracy
Counsel to the Chapter 7 Trustee in litigation against the debtors lenders and directors & officers for, among other things, the recovery of avoidable transfers and breach of fiduciary duties resulting in settlements valued at approximately $20 million for the estate.
  • Corporate Resource Services
Counsel to Chapter 11 trustee in cases involving $100 million tax fraud by professional employer organization.
  • City of Detroit
Counsel to Chapter 9 municipality, responsible for investigation and prosecution of preferential transfer claims.
  • Aeropostale
Co-counsel to the Debtors, a teen clothing retail chain of more than 800 stores involving the restructuring of approximately $260 million in liabilities.

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