Areas of Focus:Business and Commercial Litigation, Business Reorganizations & Workouts, Bankruptcy Litigation, Distressed Transactions and Restructuring, Derivatives, Creditors’ Rights, Commercial Litigation, Non-Profit Organizations
Paul Jasper represents parties in insolvency, commercial litigation, and transactional matters. Mr. Jasper has counseled debtors, creditors' committees, and secured and unsecured creditors in major bankruptcy cases. He has also advised creditors, assignees for the benefit of creditors, trustees, and receivers in state insolvency matters.
Mr. Jasper represents purchasers and sellers of assets in and out of bankruptcy. He regularly counsels receivers in the liquidation or administration of assets in receivership. He also has extensive experience in preference and fraudulent transfer litigation.
Mr. Jasper has advised clients on all aspects of CDO, CLO, CBO and other structured finance-related workouts, including issues related to termination of synthetic securities and swap agreements, direct and synthetic commutations, liquidation of collateral, and related disputes.
Mr. Jasper represents a wide range of public and private sector clients in commercial litigation, including banks, insurance companies, and other financial institutions, airports and other government entities.
Bankruptcy and Bankruptcy Litigation
- Represented former partners of Dewey & LeBoeuf LLP in defense of fraudulent conveyance and breach of contract claims brought by Dewey's liquidating trustee.
- Represented Russian and Kazakhstan-based financial institutions in defense of fraudulent transfer claims arising from the pre-bankruptcy sale of natural gas rights.
- Represented Enron, HA-LO Industries and Powerplant Maintenance Specialist as debtors in their respective Chapter 11 bankruptcy cases.
- Represented creditors' committees in the California Olive Growers, Stormedia, Centura Software Corporation and Dialpad Communications cases.
- Represented a municipality in litigation concerning the enforceability of contract provisions and bidding conditions purportedly in conflict with the city charter.
- Represented a purchaser of collateral debt obligation notes in a dispute with a credit default swap provider over whether proceeds of collateral were properly distributed.
- Represented an assignee for benefit of creditors in litigation over a purported breach of fiduciary duties and negligence.
- Represented an insurance company in a dispute with the insured over fraudulent claims reporting and related criminal proceedings.
- Represented a borrower in a dispute over an equipment lease and financing transaction.
- Represented various business entities in breach of contract and business tort claims.
Transactional and Restructuring Matters
- Represented a monoline insurance company regarding its rights, remedies and strategic options, and negotiated and drafted commutation agreements with respect to its multibillion dollar portfolio of CDO exposures.
- Represented a commercial bank and indenture trustee in workouts related to collateral debt obligations and other structured finance transactions.
- Represented special servicer in modification of pooling and servicing agreement and syndicated loan agreement.
- Represented business entities, receivers, and trustees in negotiation and drafting of asset purchase agreements.
- "CDOs Are Less Bankruptcy Remote Than You Thought." 2012
- "Rulings Pose Questions About Right to Credit Bid." 2010
- "Debtor Strategies for Avoiding Unfavorable Tax: Consequences from Debtor Collection of Employee Loans." 2006
- "Collecting D&O Insurance Proceeds: Winning the Race." 2005
- "Sales Pursuant to Section 363 of the Bankruptcy Code - the Perspective of the 'Stalking Horse'." 2003