Russell C. Silberglied

Russell C. Silberglied divides his practice between bankruptcy litigation and chapter 11 work. In his bankruptcy litigation matters, Russ represents debtors or creditors in a wide variety of contested matters and adversary proceedings, including breach of fiduciary duty, equitable subordination and recharacterization litigation, first and second lien litigation, valuation fights, contested plan confirmation or DIP financing hearings, and preference and fraudulent transfer litigation.

In core bankruptcy matters, Russ represents debtors and creditors in every aspect of chapter 11 and chapter 15 cases.

In addition to his bankruptcy work, Russ regularly advises boards of directors of troubled companies concerning fiduciary duties. He frequently lectures and publishes articles on this topic.

Representative Experience

• Represented Bank of America in litigation against Bank of New York in the Cone Mills bankruptcy case over the relative priority of first and second lien debt
• Represented Tennenbaum Capital Partners in its successful defense at trial of claims brought by a creditors committee for breach of fiduciary duty, recharacterization and equitable subordination in the Radnor Holdings bankruptcy case
• Represented debtor Charys Holding Company in successfully defending against an attempt to purchase voting control of a debtor to replace its board of directors and revoke a pending plan
• Represented debtor Tower Records in its challenge to the continuing validity of second lien debt held by record labels
• Represented debtor Dayton Superior in a contested DIP financing
• Represented the sole stockholder, guarantor of debt and former chairman of the board of Diamond Glass in defending claims of equitable subordination and recharacterization
• Represented debtor Advanced Marketing Services in successfully defending Simon & Schuster, Inc.’s demand of reclamation
• Represented debtors in the bankruptcy cases of Sun Healthcare Group, Inc., Mariner Post-Acute Network, Inc. and Genesis Health Ventures, Inc.
• Represented creditors committees of Javo Beverage, AeroThrust Corp., Spheris Inc., Arclin U.S. Holdings, Inc. and Stant Corp.
• Represented foreign representatives of Salerno Plastic Film and Bags, W.C. Wood and Chemokine Therapeutics and the purchaser and DIP lender to Destinator Technologies in chapter 15 cases

Professional and Community Activities

• Chair Emeritus, Lex Mundi Bankruptcy, Insolvency and Restructuring Group

Professional Recognition

• Chambers USA, 2011, 2010, 2009
• “Outstanding Young Restructuring Lawyer – 2005,” Turnaround and Workouts

Pro Bono Activities

• Board of Directors, Jewish National Fund/Delaware Chapter