Wojciech advises businesses, creditors (and creditors’ committees) and equity holders in all aspects of corporate bankruptcies and turnarounds. As a seasoned restructuring attorney with a national practice, Wojciech is frequently called upon to guide clients through court-supervised restructurings, and out-of-court workouts. Representations include the securing of liquidity through debtor-in-possession financing, navigating challenges concerning vital supplies (and suppliers) of products and providers of services, shipping delays and business interruptions, enforcing intellectual property and contract/lease rights, and transforming businesses through plans of reorganization based on debt-for-equity swaps, shedding of liabilities, or sale of assets through M&A transactions. He also represents purchasers of distressed assets, trustees, assignors and assignees of assets for the benefit of creditors, and post-confirmation trusts, as well as foreign and domestic manufacturers and sellers of goods.
Throughout his career, Wojciech has advised debtors and creditors in various industries, including media, chemicals, paper, real estate, hospitality, medical devices, retail, airline, pharmaceutical, poultry, nursery, fiber optics, nutritional supplements, and manufacturing.
Wojciech effectively guides clients through challenging cross-border litigation disputes and Chapter 15 proceedings, including in the areas of domestication and enforcement of foreign judgments, discovery, and asset recovery. Wojciech also assists foreign clients in navigating the challenges related to expansion and entry into the U.S. market. His status as a dual U.S. and Polish national with EU citizenship enables him to provide comprehensive guidance based on cultural understanding and sensitivity.
As a litigator in bankruptcy and non-bankruptcy settings, licensed in three U.S. states and admitted to many jurisdictions throughout the country, Wojciech frequently represents plaintiffs and defendants in all facets of commercial litigation, including disputes among business partners and investors, breaches of contract, real estate transfers, unfair competition, and fraudulent and preferential transfers. As a former clerk for two federal judges, Wojciech utilizes his invaluable insights to inform and shape comprehensive and efficient legal representation and strategy.
In addition to his law degree, Wojciech holds a certification of Corporate Counsel from Syracuse College of Law's Center for Law & Business Enterprise. He is a member of the Polish American Chamber of Commerce and numerous other U.S.-based and international organizations.
Representative Experience
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
- Company/Chapter 11 Debtor Representations: Aceto Corporation, Rising Pharmaceuticals, ConnectEdu, Mantara, UNX, Dots, Biolitec, Ocean Place Resort, Jobson Medical, Strauss Discount Auto, EPV Solar, and El Taller Colaborativo
- Official Creditors' Committee Representations: Knotel, Latex Foam International (Talalay Global), ONE Aviation, Gibson Brands, Rentech, Appvion, Vitamin World, Short Bark Industries, CST Industries Holdings, Rupari Holding, Lily Robotics, Xtera Communications, Taylor Wharton, Standard Register, Exide Technologies, Phoenix Payment Systems, Zacky Farms, Hussey Copper, General Maritime, Ion Media Networks, Nebraska Book Company, Ambassadors International, Consolidated Horticulture Group, American Safety Razor, Star Tribune Holdings, Foamex International (II), Pappas Telecasting Incorporated, Archway Cookies, Rehrig International, Leiner Health Products, Advanced Marketing Services, Global Homes Products, and Pliant Corporation
- Significant Third-Party Representations: TPC Group, Armstrong Flooring, Wesco, 14 Burma, Azure, American Airlines, Hostess Brands, HearUSA, Blockbuster, Corus Bankshares, Lehman Brothers, Lyondell Corporation, Chemtura Corporation, Pilgrim's Pride, Bigler, and Fortunoff
Clerkships
- Judicial Law Clerk to the Honorable J. Philip Klingeberger of the U.S. Bankruptcy Court for the Northern District of Indiana, 2003-2005
- Judicial Extern to the Honorable Stephen D. Gerling of the U.S. Bankruptcy Court for the Northern District of New York, 2002
Honors & Awards
- Named an “Outstanding Young Restructuring Lawyer” by Turnarounds & Workouts, April 2013
Thought Leadership
Selected Publications
- Co-Author, “Do Contingent § 503(b)(9) Claims Exist?” ABI Journal, May 2024
- Co-Author, "Determining Owner’s Rights When the General Contractor Is in Bankruptcy," Construction Executive, February 7, 2022
- Co-Author, "Risk of Personal Liability Despite Incorporation," Today’s General Counsel, January 24, 2022
- Co-Author, "Bankruptcy Lending Is Very Profitable," ValueWalk, August 17, 2021
- Co-Author, "When Financial Stress Turns to Distress–Restructuring Tools to Avoid Disaster Parts 1 and 2: Chapter 11 Checklist and What Else Is in the Toolbox," Bankruptcy & Restructuring Department, April 1, 2020
- Co-Author, "Critical Checklists for Business Owners and Management to Mitigate Risk of Financial Distress During the COVID-19 Crisis," Bankruptcy & Restructuring Department, March 20, 2020
- Co-Author, "Directors, Officers, Creditors Beware: D&O Coverage Narrowed in Bankruptcy Cases," New York Law Journal, September 27, 2017
Media Mentions
- Quoted in Reorg Research regarding the Chapter 11 bankruptcy proceedings of Appvion, Inc., March 8, 2018
- Quoted in Debtwire and Law360 with respect to disputes surrounding approximately $325 million in secured financing sought in the bankruptcy proceedings of Appvion, October 30, 2017
- Quoted in Reorg Research with respect to a decision issued by a U.S. Bankruptcy Court in the Short Bark Industries case pending in Delaware, September 18, 2017
- Quoted in Law360 regarding the unsecured creditors’ committee's opposition to Taylor-Wharton International LLC's proposed financing and sale procedures, October 27, 2015
- Mentioned in Education Week regarding privacy policy and personal data issues in the Chapter 11 bankruptcy of ConnectEDU, December 9, 2014
Languages
Polish