John D. Giampolo

John D. Giampolo, Partner

Bankruptcy & Restructuring, and Litigation & Corporate Group

John Giampolo concentrates his practice in bankruptcy and related litigation and transactional matters. He has represented corporate debtors, trustees, secured lenders, hedge funds, buyers, sellers, bondholders, trade creditors and other parties in interest in connection with workouts, distressed debt restructurings, receiverships, assignments for the benefit of creditors, Section 363 asset sales, bankruptcy debtor-in-possession (DIP) financing, Chapter 11 reorganizations, Chapter 7 liquidations, bankruptcy claims trading, claim objections, insolvency proceedings under the Securities Investor Protection Act (SIPA), and related litigation in connection with middle market size bankruptcies and high profile matters such as the Mervyn’s bankruptcy, the Lehman Brothers Holdings Inc. bankruptcy, and the Bernard L. Madoff Investment Securities LLC (BLMIS) SIPA liquidation. John has prosecuted and defended numerous avoidance actions and other clawback actions in bankruptcies, receiverships, Ponzi scheme litigation, and other bankruptcy-related litigation. In addition to his bankruptcy experience, John has a unique combination of experience with other transactional and litigation matters and is significantly involved with the firm’s employment law group in representing clients in connection with negotiating employment, executive compensation and non-compete agreements and litigating employment disputes. John joined WMD in 2010 after having been an associate with the Bankruptcy and Restructuring Group at Otterbourg P.C.

Education & Awards

John received his J.D. from Southwestern University School of Law, graduating cum laude in 2004, where he served on the Southwestern Law Journal and earned Exceptional Achievement Awards in Secured Transactions. John received his undergraduate degree in Business Administration from Villanova University in 2001.

John was named as a “Rising Star” in Bankruptcy: Business/Corporate in the Super LawyersNew York Metro Rising Stars list for 2014 published in Super Lawyers Magazine and in theSuper Lawyers supplement in the New York Times, a designation awarded to less than 2.5% of lawyers in the New York area.

Select Matters

  • In re Greenwich Sentry, LP and Greenwich Sentry Partners, LP: Represented debtors-in-possession, Greenwich Sentry LP and Greenwich Sentry Partners LP, hedge funds that invested hundreds of millions of dollars in the BLMIS Ponzi, in the Greenwich Sentry Debtors’ jointly administered Chapter 11 bankruptcy cases in the Southern District of New York, including negotiating, structuring and successfully confirming their contested reorganization plans and related settlement agreements to resolve over $212 million in claims asserted against the Greenwich Sentry Debtors by the BLMIS Trustee, to allow the Greenwich Sentry Debtors’ $37 million customer claims against the BLMIS liquidation, and for the creation of liquidating trusts and litigation trusts for the Greenwich Sentry bankruptcy estates. In re Greenwich Sentry, LP and Greenwich Sentry Partners, LP, Case No. 10-16229 (Bankr. S.D.N.Y.) (SMB). A copy of the order confirming the reorganization plans is available here and a copy of the order approving the related settlement agreements is available here.
  • In re Greenwich Sentry, LP and 217 Canner Associates, LLC, Liquidating Trustee: Represent the Liquidating Trustee for the Greenwich Sentry bankruptcy estates in connection with the auction and sale of the Greenwich Sentry Debtors’ allowed $37 million BLMIS customer claims, prosecuting dozens of avoidance actions and successfully recovering millions of dollars for Greenwich Sentry’s bankruptcy estate, distributing over $28 million to holders of allowed claims and interests, prosecuting claim objections and successfully disallowing over $50 million in disputed claims and interests filed against the Greenwich Sentry bankruptcy estates, and successfully defeating the motion and appeal to the Second Circuit Court of Appeals, Keough v. 217 Canner Associates, LLC (In the Matter of Greenwich Sentry, L.P.), 13-0193-cv (2d Cir. 2013), brought by parties asserting proofs of interests in the amount of over $15 million in contravention of the Greenwich Sentry Debtors’ proof of interest bar date. A copy of the summary order and decision of the Second Circuit Court of Appeals is located here.
  • In re Lehman Brothers Holdings Inc.: Represent Lehman Brothers Holdings Inc. in adversary proceedings to recover preferential transfers from financial institutions in the consolidated Chapter 11 bankruptcy of Lehman Brothers Holdings Inc., and affiliates in the Southern District of New York and assist co-counsel representing Lehman Brothers Special Financing Inc., in an adversary proceeding against dozens of major financial institutions seeking to recover billions of dollars transferred in connection with credit default swap agreements.
  • In re New Century Transportation, Inc.: Represented the agent senior secured lender in connection with the postpetition financing facility in the Chapter 7 bankruptcy liquidation of New Jersey-based New Century Transportation, Inc., and affiliates, one of the largest truckload service providers in the United States.
  • In re Birdsall Services Group: Represented former principals and executives of Birdsall Services Group in its bankruptcy proceeding in the District of New Jersey in connection with successfully resolving claims brought by Birdsall’s bankruptcy trustee.
  • In re Zais Investment Grade Limited VII: Represented Zais Investment Grade Limited VII, a Cayman Islands collateralized-debt obligation issuer, in its involuntary Chapter 11 bankruptcy in the District of New Jersey.
  • In re Edward T. Stein Associates, Ltd.: Prosecuted investment loss claims against the receivership created by the Securities and Exchange Commission for the Edward T. Stein Associates, Ltd. Ponzi and defended and successfully resolved clawback actions brought by the receiver against former investors.
  • In re Congoleum Corporation: Represented the DIP lender in connection with numerous amendments to the DIP financing agreements in the Chapter 11 bankruptcy of asbestos-plagued flooring manufacturer Congoleum Corporation in the District of New Jersey.
  • In re Hartmarx Corporation: Served as co-counsel representing the DIP lender in connection with the $160 million DIP financing facility and Section 363 sale of assets in the 2009 Chapter 11 bankruptcy of high-end apparel maker Hartmarx Corporation in the Northern District of Illinois.
  • In re Ritz Camera Centers, Inc.: Served as co-counsel representing the DIP lender in connection with the DIP financing facility and Section 363 sale of assets in the 2009 Chapter 11 bankruptcy of specialty camera retailer Ritz Camera Centers, Inc., in the District of Delaware.
  • In re Ascendia Brands, Inc.: Served as co-counsel representing the DIP lender in connection with the DIP financing facility for the Chapter 11 bankruptcy of brand name beauty care products maker Ascendia Brands, Inc., in the District of Delaware.
  • In re Mervyn’s Holdings, LLC: Served as co-counsel representing the DIP lender in connection with the $465 million DIP financing facility in the 2008 Chapter 11 bankruptcy of retail department store chain Mervyn’s in the District of Delaware.
  • Restructuring: Represented a multinational information technology company in connection with restructuring its debt facility.
  • Distressed Debt Investors: Advise investors in connection with distressed debt, claims trading and other special situations investment transactions.
  • Outside General Counsel: Serve as outside general counsel to several companies, including a multinational recruiting firm and securities broker/dealers, handling a variety of day-to-day legal matters such as negotiation and drafting of executive compensation and non-compete agreements, dispute resolution, various employment matters and business strategy.

Articles and Presentations

ResCap Liquidating Trust Can Proceed Against Several Mortgage Loan Originators, American Bankruptcy Institute Journal, April 1, 2015. Available here.

Panel Speaker for Post-Confirmation Liquidation and Litigation Trusts in Business Bankruptcies: Practical Guide, The Knowledge Group, January 26, 2016. Available here.