Ericka Johnson formerly worked for a leading bank holding company where she managed consumer finance operations and internal risk assessments and audits from the US Office of the Comptroller of the currency. She calls on that experience for her clients, which include middle market Chapter 11 debtors, official committees of unsecured creditors, and plan fiduciaries. Ericka has advised debtor in possession lenders, landlords, secured and unsecured creditors, and asset purchasers on bankruptcy and corporate restructuring matters across manufacturing, retail, real estate, and media/technology sectors.
Ericka is well-versed in litigation matters, including preference, fraudulent transfer, turnover, and breach of contracts actions. She regularly litigates contested matters including involuntary bankruptcies, motions for the appointment of Chapter 11 trustees, claim objections, plan confirmation objections, and dismissal/conversion motions.
Presentations and Publications
- AI: Artificial Integrity (ethical use of artificial intelligence in the legal industry), MCAA Global TEC Forum 2017
- To Appoint or Not Appoint When Managing Bankruptcy, ABI Mid-Atlantic Conference 2016
- Mediation in Commercial Bankruptcy Continuing Legal Education, Delaware State Bar Association
- Delaware Veteran's Law Developments Seminar, Delaware State Bar Association
- Bankruptcy Primer for Business, Association of Corporate Counsel Delaware Valley Chapter, ACC
- Caulkett and Its Impact in a Bankruptcy Sale, Norton Annual Survey 2016 (co-authored with Matthew Ward)
- An Update on Qimonda Patent Protections: Certiorari Requested, American Bankruptcy Institute Technology and Intellectual Property Committee Newsletter, July 2014.
- A Beginner's Guide to Effectively Addressing the Pro Se Opponent, American Bankruptcy Institute Journal, August 2013 (co-authored with Thomas M. Horan)
- The Debtor Has No Estate, and Other Tales: Why Chapter 9 Looks Different from Chapter 11, American Bankruptcy Institute Journal, November 2013 (co-authored with Thomas M. Horan)
- Outer Limits of Jurisdiction: What Happens after a Bankruptcy Case Has Been Dismissed?, American Bankruptcy Institute Journal, June 2012 (co-authored with Thomas Horan).
- Basics of Bankruptcy Venue, Transfer of Cases, American Bankruptcy Institute Journal, December 2011 (co-authored with Thomas Horan).
- Due Process and 363 Sales of Consignment Goods, American Bankruptcy Institute Young & New Members Committee Newsletter, November 2008
- Ethical use of Artifical Intelligence in the Legal Industry: The rules of Professional Conduct, American Bankruptcy Institute Emerging Industries and Technology Newsletter, March 2018
Civic and Professional Activities
- American Bankruptcy Institute
- Emerging Industries and Technology Committee, Co-Chair, 2017 – 2020
- Board of Directors, 2020
- International Women's Insolvency and Restructuring Confederation (IWIRC)
- Board of Directors, 2018 – 2020
- Vice Chair, 2020
- Federal Bar Association
- Delaware Bankruptcy American Inn of Court
- National Asian Pacific American Bar Association
- Pro bono attorney for victims in protection from abuse cases
- Attorney Coach for Delaware High School Mock Trial Program
Honors and Awards
Selected to the Delaware Rising Stars list by Super Lawyers (Thomson Reuters) in Creditor Debtor Rights, Bankruptcy, 2013 – 2017
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.
- Plan Fiduciaries: Counsel to plan trustees in multiple cases including, debtors that previously operated close to 500 retail stores predominately in the Southern and Midwest United States; debtors that operated for-profit college and technical education schools; and debtors that were auto parts suppliers.
- Chapter 11 Debtors: Counsel to Chapter 11 debtors in possession in a sports media case in the Southern District of New York; Chapter 11 debtor in possession in an online retail case in Delaware; Chapter 11 debtors in possession in real estate case in Delaware; Chapter 11 debtor in possession in video technology case in Delaware; Chapter 11 debtors in possession in legal support services case in Delaware.
- Official Committee of Unsecured Creditors: Counsel to committee in a case in the Northern District of New York where the debtor was one of the largest privately owned industrial laundry companies; counsel to committee in the highly litigious bankruptcy cases of debtors that were manufacturers of components for use in the transportation and heavy truck industries; and Delaware counsel in cases where the debtor is a producer of printing papers, specialty papers, and pulp.
- Creditors/Parties in Interest: Counsel to creditors litigating a contested involuntary petition and appointment of a chapter 11 trustee in the Virgin Islands; counsel to creditor seeking dismissal of bankruptcy petition filed by a retailer of skincare products; counsel to parties in interest in a biotechnology company that had sought equity investments shortly before filing the bankruptcy petition; counsel to landlords and the eventual purchasers of assets in the bankruptcy cases of a supermarket chain.