Matt focuses on chapter 11 business bankruptcy, bankruptcy litigation, reorganization, and restructuring.
He represents international, national and regional clients, including debtors, official and ad hoc committees, asset purchasers, debtor-in-possession (DIP) lenders, secured and unsecured creditors, petitioning creditors in involuntary bankruptcy filings, and other parties in interest.
His experience includes in- and out-of-court restructuring transactions for publicly-traded and private companies, and he has represented clients in bankruptcy litigation and appeals, as well as commercial litigation. Matt also has substantial experience representing debtors, foreign representatives, and others in cross-border cases.
Matt devotes a portion of his time to pro bono matters, such as serving as an attorney guardian ad litem in the Family Court for the State of Delaware. He is also a volunteer attorney for the Federal Civil Panel of the US District Court for the District of Delaware.
In 2021, Matt was selected to the American Bankruptcy Institute’s “40 Under 40” program for emerging leaders in insolvency practice. He was also one of a dozen corporate restructuring lawyers under the age of 40 recognized as a 2021 outstanding young restructuring lawyer in Turnarounds & Workouts magazine.
In 2017, he participated in the renowned National Conference of Bankruptcy Judges (NCBJ) Next Generation Program. Each year, the NCBJ NextGen program selects forty “up-and-coming” bankruptcy practitioners “who show the potential to distinguish themselves in future years as highly respected members of the bankruptcy bar.” In 2017, Matt also was one of eight attorneys selected for the Bankruptcy Trial Practice Seminar sponsored by the US District Court for the District of Delaware and the Delaware Chapter of the Federal Bar Association. The seminar included court practicum sessions before the judges of the Delaware Bankruptcy Court, as well as a speaker series led by the judges and nationally recognized bankruptcy professionals.
Chapter 11 debtors
Creditors/parties-in-interest in chapter 11 cases
Chapter 15 cross-border restructuring cases
Led chapter 11 representation of a tier 1 supplier to Boeing and other commercial and defense aviation companies in restructuring and going concern sale. Impresa Aerospace
Co-counsel representing workspace solutions company Knotel, Inc., in its cross-border chapter 11 cases pursuing a going concern sale of its assets. Knotel, Inc.
Co-counsel to noteholder group in prepackaged chapter 11 case of FerrellGas Partners. FerrellGas Partners, L.P.
Represented the foreign representative in the cross-border restructuring of The Aldo Group Inc., a multi-national retailer with 3,000 locations worldwide. Successfully achieved chapter 15 recognition of the Canadian foreign main proceedings and obtained what DebtWire described as first-ever critical vendor relief in a chapter 15. The Aldo Group Inc.
Led the representation of MidCap Financial in defeating priming DIP loans in ZPower’s chapter 11. ZPower, LLC
Represent prepetition lenders, DIP lenders, and potential acquirers in Wellness and health retailer GNC chapter 11 case. GNC Holdings Inc
Co-counsel to prepetition lender and acquirer in restructuring of Borden Dairy, one of the largest US dairy producers. Borden Dairy Co.
Represented prepetition lender in chapter 11 case of national fast-casual food chain. Cosi Inc.
Led representation of chapter 11 trustee, including through an emergency asset sale. Tough Mudder Inc.
Represented national boutique confectionary shop retail chain in its chapter 11 cases including a going concern 363 sale. Lolli & Pops
Represented prepetition/DIP/exit asset-based revolving loan (ABL) lender in Blackhawk Mining’s chapter 11 proceedings. Blackhawk Mining LLC
Represented lender regarding prepetition loan and separate disputes in trucking firm Celadon’s bankruptcy cases. Celadon Group Inc.
Represented unsecured creditors with claims totaling $500M+ in individual chapter 11 case. Yueting Jia
Represented going concern purchaser. Forever 21
Represented midstream service provider. Rex Energy
Represented mezzanine lenders in contested sale. CST Industries
Lead counsel to New England-based restauranteur, guiding the company through the chapter 11 process and 363 asset sale. Papa Gino’s, Inc.
Represented foreign representative to broadcast equipment company. Unique Broadband Systems
Represented foreign representative of international marketing company. Mundo Media
Represented foreign representative of international carpet manufacturer/supplier. Kraus Carpet
Represented reinsurance company in complex, cross-border bankruptcy recapitalization and reorganization cases, successfully addressing a host of novel issues. Scottish Holdings Inc.
Represented prepetition lender, DIP lender, and stalking horse purchaser in chapter 11 cases of specialty pharmaceutical company. Sancilio Pharmaceuticals Company, Inc.
Represented debtors and foreign representative in cross-border chapter 15 cases and asset sales. RCR International Inc.
Represented litigation counterparty in successfully obtaining dismissal of chapter 11 case of Searchmetrics, Inc. Searchmetrics Inc.
Represented Terminal Investment Limited S.Ã r.l. in cross-border acquisition from Hanjin Shipping Co., Ltd. of a controlling stake in Total Terminals International, owner/operator of port terminal assets on the U.S. West Coast. Hanjin Shipping Co.
Bankruptcy co-counsel and conflicts counsel to offshore oil drilling and jack-up rig operator in contested chapter 11 wind-down. Hercules Offshore, Inc. II
Co-counsel to debtor in successful reorganization and recapitalization of specialty biopharmaceutical company. KaloBios Pharmaceuticals, Inc.
Represented midstream services provider in chapter 11 cases of Magnum Hunter Resources, including successfully opposing rejection of midstream services agreement. Magnum Hunter Resources
Bankruptcy co-counsel to offshore drilling and jack-up rig operator in prepackaged chapter 11 cases. Hercules Offshore, Inc.
Represented specialty robotics company in successfully confirming a plan of reorganization and in related litigation. Seegrid Corporation
Member of a team that represented the debtors and the post-confirmation liquidation trust in the chapter 11 cases of Rouge Steel, a vertically integrated U.S. steel manufacturer. Rouge Steel
Represented manufacturer and distributor of specialty coffees and teas in successful chapter 11 reorganization and recapitalization. Javo Beverage Company, Inc.
Involved in successfully representing North American natural gas and oil acquisition, development and production company in chapter 11 reorganization. Teton Energy Corp.
Member of a team that counseled the Official Committee of Syms Corp. Equity Security Holders in the chapter 11 cases of Filene’s Basement, LLC and Syms Corp., regional off-price, high-end clothing retailers. Filene’s Basement LLC (Syms Corp.)
Served as a co-counsel to Manistique Papers, Inc., a premier North American producer of 100% recycled fiber specialty papers, in its chapter 11 case. Manistique Papers, Inc.
Member of team that served as Delaware counsel to chapter 11 debtor, Garlock Sealing Technologies LLC, in obtaining access to judicial records in twelve asbestos-related bankruptcy cases. Garlock Sealing Technologies LLC
News & Insights
- Media Mention, American Bankruptcy Institute, 10.08.2021
Matt is one of 40 emerging leaders selected to the American Bankruptcy Institute’s “40 Under 40” class of 2021.
- Firm News, 04.28.2021
Morris Nichols serves as lead counsel to Impresa Aerospace, a tier-one supplier to Boeing and other commercial and defense aviation companies. In December 2020, the Delaware Bankruptcy Court approved the going concern sale of Impresa’s business and assets, and on April 28, 2021 confirmed Impresa’s chapter 11 plan.
- Media Mention, Turnarounds & Workouts Magazine, 04.2021
Matt is one of a dozen corporate restructuring lawyers under the age of 40 identified for their outstanding achievements within the prior year.
- Article, TOUCHPOINT - INSOL’s Insolvency Practice Group Newsletter, 04.15.2021
In a prepackaged bankruptcy—colloquially known as a “prepack”—a distressed company negotiates and solicits support of a chapter 11 plan of reorganization before commencing its chapter 11 case. The company then files for bankruptcy court protection to implement the plan, knowing that it has the requisite creditor support for its reorganization.
- Speaking Engagement, Virtual, 10.28.2020
Matt Harvey speaks on “How COVID-19 Has Affected the Restructuring Industry” at the Turnaround Management Association annual NextGen conference.
- Speaking Engagement, Webinar, 09.09.2020
Morris Nichols partner Matt Harvey speaks in this Bloomberg Law webinar conversation exploring how the Covid-19 health crisis has changed the legal practice of bankruptcy.
- Delaware Bankruptcy Judge Holds That Increased Chapter 11 U.S. Trustee Fees Pass Constitutional MusterArticle, DSBA Bar Journal , 04.01.2020
“It costs a lot of money to go broke. In the case of a chapter 11 bankruptcy, the cost includes quarterly fees payable to the Office of the United States Trustee (the “UST”), a component of the Department of Justice that oversees bankruptcy cases.
- Article, Global Restructuring Review, The Art of the Pre-Pack, 01.2020
Morris Nichols partners Robert J. Dehney and Matthew B. Harvey co-authored a book chapter, “Seeing the Future: The Case of Seegrid Corporation” in Global Restructuring Review’s new book The Art of the Pre-Pack.
- Firm News, 11.12.2019
Wilmington, DE (November 12, 2019) - Morris, Nichols, Arsht & Tunnell LLP is pleased to announce that bankruptcy and restructuring attorney Matthew B. Harvey has been invited to join the firm partnership, effective January 1, 2020.
- Speaking Engagement, New York, New York, 02.22.2019
- Article, NACD Directorship: Delaware Watch, May/June 2017
The Delaware Supreme Court and the Court of Chancery recently issued guidance for directors navigating the complex fiduciary issues that arise around insolvency.
- Morris Nichols Represents Terminal Investment Limited in Acquisition of Controlling Stake in Total Terminals InternationalFirm News, 02.06.2017
Wilmington, DE (February 6, 2017) - Morris Nichols successfully represented Terminal Investment Limited SARL (“TiL”) as lead counsel in its cross-border acquisition from Hanjin Shipping Co., Ltd. (“Hanjin”) of a controlling stake in Total Terminals International, LLC (“TTI”), a Delaware limited liability company which operates two marine terminals on the U.S. West Coast. The complex deal successfully closed on February 1, 2017.
- Firm News, 01.27.2017
Wilmington, DE (January 27, 2017) - Today, The M&A Advisor announced the winners of the 11th Annual Turnaround Awards. Morris, Nichols, Arsht & Tunnell LLP was recognized in two categories for restructuring work and for reorganization in the energy sector.
- Morris Nichols Partners with KaloBios Pharmaceuticals, Inc. to Overcome Challenges to Complete Successful ReorganizationFirm News, 07.12.2016
Wilmington, DE (July 12, 2016) - Morris, Nichols, Arsht and Tunnell LLP (“Morris Nichols”) announced today that it, together with co-counsel Hogan Lovells US LLP, has served as chapter 11 bankruptcy counsel for KaloBios Pharmaceuticals, Inc., a Brisbane, California based development stage, biopharmaceutical company focused on advancing treatments for neglected diseases, in a highly successful reorganization and recapitalization of its business. Batuta Capital Advisors LLC acted as the company’s financial advisor and the Brenner Group LLC provided interim financial management support.
- Article, American Bankruptcy Trustee Journal, Spring 2015
Appearing in the Summer 2015 edition, the article outlines a set of “best practices” for understanding and complying with an increasingly complex array of statutes, federal and local rules, U.S. Trustee guidelines, fee auditor requirements, and case-specific orders when filing fee applications.
- Article, Law360, 05.28.2015
On May 4, 2015, the Delaware Court of Chancery issued an opinion in Quadrant Structured Products Co. Ltd. v. Vertin that provides important guidance to those counseling distressed Delaware corporations and their stakeholders.
Professional & Civic
American Bankruptcy Institute
American Bar Association
Delaware Family Court (guardian ad litem)
Delaware State Bar Association (Bankruptcy Section)
Federal Civil Panel, U.S. District Court for the District of Delaware (volunteer attorney, 2015-present)
Turnaround Management Association
US Bankruptcy Court for the District of Delaware Local Rules Committee
Boston College Law School, JD, 2008
Duberstein National Bankruptcy Memorial Moot Court
Florida State University, BA, English Literature, magna cum laude, Phi Beta Kappa, 2005
- Delaware, 2008
- Maine, 2013
- US District Court for the District of Delaware, 2009
- US District Court for the District of Maine, 2013
- US Supreme Court, 2019