Matthew O. Talmo

Lead debtors’ counsel to biotechnology company Zymergen Inc. and its affiliated debtors in a case that involved a speedy and successful sale of the debtors’ assets and confirmation of a chapter 11 plan of liquidation that has provided significant creditor recoveries. In re: Zymergen Inc. et al., No. 23-11661 (Bankr. D. Del.)

Co-counsel for electronics manufacturing giant Foxconn in the chapter 11 case of electric-vehicle maker Lordstown Motors. In re: Nu Ride Inc., et al., No. 23-10831 (Bankr. D. Del.); Lordstown Motors Corp., et al., v. Hon Hai Precision Industry Co., Ltd (a/k/a Hon Hai Technology Group), Adv. Pro. No. 23-50414 (Bankr. D. Del.)

Co-counsel to a discount home and health goods retailer and its affiliates in their chapter 11 cases, which involved a value-maximizing sale process with successful auction and claims resolution, followed by a structured dismissal of the chapter 11 cases. Oldco AI LLC (f/k/a AmeriMark Interactive, LLC), et al., No. 23-10438 (Bankr. D. Del.)

Co-counsel to biopharmaceutical company Clovis Oncology, Inc. and its affiliates in their chapter 11 cases. Helped guide Clovis through two asset sales and the confirmation of a chapter 11 plan. In re Clovis Oncology Inc., No. 22-11292 (Bankr. D. Del.)

Co-counsel to TPC Group, the Texas-based operator of a petrochemical processing plant and pipeline, in complex chapter 11 proceedings. In re: TPC Group Inc., No. 22-10493 (Bankr. D. Del.)

Lead debtors’ counsel to New York-based luxury menswear producer and retailer John Varvatos Enterprises, Inc. and its affiliated debtors. Obtained court approved the sale of assets to parent company, whose bid included $76 million of its secured debt as part of the purchase price for the assets, followed by a successful claims reconciliation process and structured dismissal of the chapter 11 cases. In re: John Varvatos Enterprises Inc. et al., No. 20-11043 (Bankr. D. Del.)

Co-counsel to Sun Capital in the bankruptcy cases of trucking company Jevic Holding Corp. and its affiliates. Obtained dismissal of an adversary proceeding following a nearly thirteen-year litigation, which included an appeal to the United States Supreme Court and eventual remand prior to the dismissal. Official Committee of Unsecured Creditors, on behalf of the bankruptcy estates of Jevic Holding Corp., et al. v. CIT Group/Business Credit, Inc. et al. (In re Jevic Holding Corp.), No. 08-51903 (Bankr. D. Del.)

Co-counsel to private equity company as stalking horse bidder and successful bidder in connection with asset purchase in FTD Companies, Inc.’s section 363 sale. In re: FTD Companies, Inc., et al., No. 19-11240 (Bankr. D. Del.)

Lead debtors’ counsel to medical testing company True Health Group LLC and its affiliates in their chapter 11 cases. Represented the debtors in litigation against the Centers for Medicare and Medicaid Services to recover withheld Medicare reimbursement payments. In re THG Holdings LLC, et al., No. 19-11689 (Bankr. D. Del.)

Co-counsel to Venoco, an independent energy company primarily focused on the acquisition, exploration, production and development of oil and gas properties in California, in its chapter 11 bankruptcy cases and, following confirmation of Venoco’s chapter 11 plan, representation of the liquidating trustee. 

Co-counsel to Lily Robotics, a tech start-up that sought to develop a self-navigating drone, in its chapter 11 bankruptcy cases.  Lily Robotics successfully confirmed a chapter 11 bankruptcy plan that enabled it to refund tens of thousands of pre-bankruptcy customer deposits.