AREAS OF PRACTICE
Litigation and Dispute Resolution
Investigation, White Collar and Fraud
Fellow, American Bar Foundation; American Bar Association; AV-rated Martindale Hubble
J.D., Cornell Law Scool
B.A., Soviet Area Studies, Dartmouth College, cum laude
Pamela Egan's practice focuses on bankruptcy and other insolvency-related matters, including chapter 11, chapter 15, and fraudulent transfers.
Martindale-Hubbell's AV Preeminent Peer Rating, the highest recognition for legal ability and ethical standards. Fellow of the American Bar Foundation, which admits only 1% of attorneys. Fluent in Russian. Co-Chair Eurasia/Russia Committee, ABA Section of Int'l Law. Frequent writer and speaker on bankruptcy, including cross-border bankruptcy.
Recent Representative Cases and Achievements:
Special Counsel to the Debtor in In re XS Ranch Fund VI, L.P (Bankr. N.D. Cal.) involving a large real estate development in Texas. Conceived and successfully executed strategy to use chapter 11 of the Bankruptcy Code to wipe out approximately $30 million in secured debt. Plan confirmed. Creditors paid in full.
Counsel to the Official Committee of Unsecured Creditors in the bankruptcy case of Empyrean Towers, LLC (Bankr. N.D. Cal.) The majority of unsecured creditors were tort claimants. Committee wrested control of the Debtor's main asset, a residential building the downtown Oakland, from a health and safety receiver, facilitated a multi-million dollar settlement of the tort claims and obtained court approval of a sale of the building to a non-profit affordable housing group.
Successfully settled action in U.S. District Court for D. N.J. to avoid fraudulent transfer of real property in case involving substantial issues of Russian bankruptcy law.
- Counsel to the Official Committee of Unsecured Creditors, In re Empyrean Towers, LLC, U.S. Bankr. Ct., N.D. Cal., Case No. 15-42341. The Committee’s constituency consisted primarily of tort claimants who asserted significant claims against the debtor as landlord of a single-room occupancy residential hotel in Oakland, CA. The Committee was instrumental in preventing another slumlord from purchasing the building out of bankruptcy and in ensuring the sale of the building to a non-profit, which is now renovating the hotel pursuant to a 50-year commitment with the City of Oakland to maintain the building as indigent housing.
- Special counsel to the Debtor in In re XS Ranch Fund VI, U.S. Bankr. Ct., N.D. Cal., Case No. 16-31367. Created a strategy that allowed the Debtor to pay all creditors 100% of their claims and created the team that executed the strategy. The strategy was to wipe out $30 million in secured debt pursuant to the mandatory subordination provisions of the Bankruptcy Code in which claims for damages arising from the purchase of a security are subordinated to below the position represented by the security.
- Currently representing the Chapter 11 Trustee in the first bankruptcy in the United States of a crypto-currency mining company, In re Giga Watt, Inc., U.S. Bankruptcy Court, E.D. WA, Case No. 18-03197. To date, subject to Court approval, the Chapter 11 Trustee has re-opened more than half of the Debtor’s operations, which were moribund when the Chapter 11 Trustee was appointed. Currently, developing a going-concern sale process.
A Handbook on Global Social Media Law for the Business Lawyer
Interplay Between Russian Bankruptcy and American Fraudulent Transfer Law
Zachary vs. California Bank
Russian Business Takes Legal Disputes Abroad
Into the Brambles: Section 507 (a) (4)
Contested Valuation in Corporate Bankruptcy
Speaker, Disclosure Vehicles & Discovery Tools, ABA Dispute Resolution Conference, Moscow, September 27, 2018. Learn more here.