Norton Rose Fulbright US LLP
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Frank Vazquez’s practice focuses on bankruptcy and financial restructuring. He has substantial experience in a broad range of domestic and international financial restructurings. In particular, he has represented debtors in pre-packaged and conventional Chapter 11 cases and foreign representatives in cross-border ancillary proceedings under Chapter 15 of the Bankruptcy Code and its predecessor, section 304. Additionally, Frank has represented official committees of unsecured creditors in Chapter 11 cases and advised secured and unsecured lenders in out-of-court restructurings and in Chapter 11 cases. Frank has written extensively on bankruptcy and insolvency issues and is a frequent speaker on such topics.
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JD, St. John's University School of Law, 1994
BA, Hofstra University, 1991
- New Jersey State Bar
- New York State Bar
- Philippine Airlines Inc. (PAL) as special aircraft counsel in its Chapter 11 case pending in the Southern District of New York.
- An indenture trustee in the Chapter 11 restructuring of Garrett Motion, a supplier to the global automotive industry, and related litigation over the indenture trustee's make-whole claims.
- An international entertainment business in the out-of-court restructuring of its 100 percent interest in the Nassau Veterans Memorial Coliseum.
- Wilks Brothers, LLC, as administrative agent and lender under pre- and postpetition credit facilities, and as plan sponsor, in the Chapter 11 cases of CARBO Ceramics, Inc. and its affiliated debtors pending in the Southern District of Texas.
- Elk Petroleum, Inc. and certain of its affiliates as debtors in possession in their Chapter 11 cases pending in the District of Delaware.
- The court-appointed monitor of Sears Canada in connection with the Chapter 11 bankruptcies of Sears Holdings Corporation and its U.S. affiliates, against which Sears Canada holds hundreds of millions of dollars of claims.
Oceangoing and offshore mortgage lenders in the Toisa Ltd. Chapter 11 case.
- Former Chief US Bankruptcy Judge Arthur J. Gonzalez (S.D.N.Y.) in his capacity as the court-appointed examiner in the ResCap Chapter 11 case.
YPF S.A., a major Argentinean oil and gas producer, as DIP lender and parent company of Maxus Energy Corp. in its Chapter 11 case.
- Chivor S.A. E.S.P., ATC Group Services Inc., Magnesium Corporation of America, Canfibre of Riverside, Inc., Regency Cruises, Inc., and Urban Communicators PCS Limited Partnership, among others, as debtors in possession in their respective Chapter 11 cases.
- The official committee of unsecured creditors of Lucky's Market Parent Company, Tribune Company, Crown Books Corporation and Sher Distributing Company in their respective Chapter 11 cases.
- The DIP Lender in the Carbo Ceramics Chapter 11 case.
- The Canadian court-appointed liquidators of Novelion Therapeutics in obtaining US Chapter 15 recognition of the company's liquidation and facilitating a court-ordered distribution scheme.
- Ernst & Young Inc., as the court-appointed Monitor and foreign representative of Spectra Premium Industries and certain of its subsidiaries in their Chapter 15 cases.
- The liquidators of Octaviar Administration Pty Ltd. in obtaining recognition under Chapter 15 to the Australian liquidation proceedings of this Australian conglomerate that consisted of more than 400 companies in Australia, New Zealand and the United States.
- Corporate trustees in connection with numerous cross-border restructurings including Odebrecht S.A., Oi S.A., P.T. Arpeni Pratama Ocean Line (awarded 2012 Restructuring Deal of the Year (Asia) by IFLR) and Celpa (awarded 2012 Restructuring Deal of the Year (Latin Lawyer)).
- The scheme administrators of OIC Run-Off Limited and The London and Overseas Insurance Company Limited in obtaining Chapter 15 recognition and enforcement of a scheme of arrangement in the US.
- The receiver appointed in the Russian bankruptcy proceeding of Yukos Oil Company in its case under Chapter 15 of the US Bankruptcy Code.
- The liquidator of BluePoint Re and the Supervisors of Oilexco North Sea Limited in their cases under Chapter 15 of the US Bankruptcy Code.
- Members of the GLM and WFUM Pools in their cases under Chapter 15 of the US Bankruptcy Code.
- Chartis Excess Limited (AIG) in obtaining recognition under Chapter 15 of its Irish scheme of arrangement, pursuant to which certain business was transferred.
- Shareholders and DIP lenders in the Avianca Airlines Chapter 11 case.
- Sabena Airlines and Jazztel P.L.C. in their respective ancillary bankruptcy proceedings.
- Ernst & Young as the Australian and Bermudian liquidators in the insurance insolvency of New Cap Reinsurance Corporation Ltd.
- Obtained recognition of schemes of arrangement proposed on behalf of several foreign insurance companies, including Aviation and General Insurance Company, Belvedere Insurance Company, Black Sea & Baltic General Insurance Company, Compagnie Européenne D'Assurances Industrielles S.A., Lion City Run-Off Pte Ltd., Ludgate Insurance Company, Nichido Fire and Marine Insurance Company.
- KPMG as provisional liquidator for Manhattan Investment Fund.
- PricewaterhouseCoopers as provisional liquidator for Independent Insurance Company, administrator and scheme administrators of Folksam International Insurance Company Ltd.
- Author, "Recent Significant U.S. Chapter 15 Decisions," Pratt's Journal of Bankruptcy Law, July/August 2022
- Co-author, "Hong Kong Court comments on the interplay between the Rule in Gibbs and Chapter 15 recognition," International Restructuring Newswire, Q3 2022
- Author, "Year in review: Significant US Chapter 15 decisions in 2021," International Restructuring Newswire, Q2 2022
- "Overview of the Key Chapter 15 decisions in 2020" International Restructuring Newswire, Q2 2021
- Co-author, "Contagion Liability Risk in the United States and Australia for Parent Entities Arising from the Insolvency of a Subsidiary," International Corporate Rescue (2021) vol 18(1)
- Co-author, "Airline Restructurings: Section 1110 of the US Bankruptcy Code, the Cape Town Convention, and Recent Developments in US Chapter 11 Cases," INSOL International's Latin America Newsletter, December 2020
- "United States Bankruptcy Court Defers to Liquidators' Selection of Litigation Forum," International Corporate Rescue, November 2020
- "Overview of key Chapter 15 decisions in 2019," International Restructuring Newswire, Q2/Q3 2020
- "Review of significant Chapter 15 decisions in 2018," International Restructuring Newswire, Winter 2019
- "Review of Chapter 15 cases in 2017: COMI shifting is still possible," US Financial Restructuring Newswire, Spring 2018
- Co-author, "The Risk of Competing Insolvency Proceedings Highlights the Need for Latin American Countries to adopt the UNCITRAL Model Law on Cross-Border insolvency," INSOL World - Fourth Quarter 2017
- "Chapter 15 Developments: United States Courts Enforce Canadian Restructuring Plans," US Financial Restructuring Newswire, Fall 2017
- Co-author, "Review of Cross-Border Cases in 2015: Eligibility for Relief Examined," International Restructuring NewsWire, February 2016
- Co-author, "Brazilian Companies' Cross-Border Experience in the United States and the Benefits of the Model Law," Editora Quatier Latin do Brasil - Ten Years of the Brazilian Bankruptcy Law, 2015
- Author, "Review of Chapter 15 Cases in 2014: Relief Available to a Foreign Representative," 6 Int’l Insolvency L. Rev. 280, July 2015
- Author, "Never Again ... Why "Too Big to Fail" is Too Big?," INSOL World - Second Quarter 2015
- "Review of Chapter 15 Cases in 2014: Relief Available to a Foreign Representative," International Restructuring NewsWire, Winter 2015
- Co-author, "The Octaviar Saga: The Chapter 15 Door Opens, Closes, and then Reopens on the Foreign Representatives," Norton Journal of Bankruptcy Law and Practice, October 2014
- "How Should an Examiner Conduct an Investigation?," Chapter 7, Examiners in Bankruptcy Cases: A Guide for Examiners, Courts and Practitioners, (The Association of the Bar of the City of New York), Thomson Reuters WestLaw, 2013-2014 Edition
- Author, "The Third Circuit Finds That a Transferred Claim Remains Subject to Disallowance," International Restructuring NewsWire, Winter 2014
- "Update on the Recognition of the Australian Liquidation of Octaviar. Satisfying the Debtor Eligibility Requirements in a Chapter 15 Case," International Restructuring NewsWire, Fall 2014
- Author, "Fifth Circuit Confirms Denial of Recognition to Mexican Case that Releases Claims Against Non-Debtors," 4 Int'l Insolvency L. Rev. 292, July 2013
- Author, "The Second Circuit Examines COMI and the Public Policy Exception to Chapter 15," International Restructuring NewsWire, Summer 2013
- Author, "Fifth Circuit Confirms Denial of Recognition to Mexican Concurso that Releases Claims Against Non-Debtors," International Restructuring NewsWire, March 2013
- Author, "Vitro, S.A.B.: Bankruptcy Court Refuses to Recognize Mexican Concurso that Releases Claims Against Non-Debtors," International Restructuring NewsWire, November 2012
- Author, "The Importance Of The 5th Circ. Vitro Holding," Law360, November 14, 2012
- "Insurers Accorded Standing To Challenge Asbestos Bankruptcy Plan That Potentially Limits Insurers’ Reinsurance Recoveries," Insurance and Reinsurance NewsWire, May 2012
- Co-author, "Vitro: Defining 'Manifestly Contrary' To US Policy," Law360, May 8, 2012
- "Is Chapter 9 Really an Option for Most Municipalities?," (co-author), International Restructuring NewsWire, February 2012
- "Important 2011 Rulings of Foreign Proceedings," (co-author), International Restructuring NewsWire, February 2012
- "Examining Chapter 9 Municipal Bankruptcy Cases", Inside the Minds: Chapter 9 Bankruptcy Strategies, Aspatore 2011
- Co-author, "When Insurers Can Object To Asbestos Trusts," Law360, November 30, 2011
- Author, "Recent Cases May Signal a Trend for US Courts to Accord Insurers Increased Rights to Object to the Institution of an Asbestos Settlement Trust," Insurance and Reinsurance NewsWire, November 2011
- Author, "Supreme Court Approves Amendments to Bankruptcy Rule 2019," Client Alert, May 6, 2011
- Author, "Rhode Island Court Approves, For the First Time, a Solvent Insurer's Commutation Plan," Client Alert, May 2, 2011
- "The Scope of The Stay Under Chapter 15 of The Bankruptcy Code," International Restructuring NewsWire, February 2011
- Co-author, "Restructuring a Municipality under Chapter 9," American Bankruptcy Institute Journal, August 2010
- Co-author, "Introduction to Recognition Under Chapter 15," American Bankruptcy Institute Journal, June 2010
- "In re Gold & Honey, Ltd.; Bankruptcy Court Denies Recognition to Israeli Receivership Proceedings," International Restructuring NewsWire, January 2010
- Co-author, "Guide to Mexican Bankruptcy Law," Chadbourne & Parke, August 2009
- Co-author, "Non-Statutory Insider Status: Closeness Not Enough," Law 360, October 22, 2008
- Author, "Modification of Automatic Stay to Permit Litigation to Proceed Remains Possible," ABI Journal, October 2008
- Co-author, "US Courts Should Continue to Grant Recognition to Schemes of Arrangement of Solvent Insurance Companies," Norton Journal of Bankruptcy Law and Practice, August 2008
- Author, "The Second Circuit Affirms Recognition of an Acuerdo Preventivo Extrajudicial," International Restructuring NewsWire, July 2008
- Co-author, "US Bankruptcy Code-Chapter 15: The Early Returns," Insolvency Intelligence, March 2007
- Co-author, "The Yukos Chapter 15 Case: The Story of How a United States Bankruptcy Court's Pragmatic Approach to a Novel Problem Aided a Russian Receiver to Protect Assets Located in the Netherlands," INSOL International, October 2006
- "Cross Border Bankruptcy Developments: The Movement Towards Universality in the United States," Annual Survey of Bankruptcy Law, December 2005
- "US Bankruptcy Code Amendments Affect Ancillary Proceedings: Chapter 15 to Replace Section 304," Client Alert, May 9, 2005
- "An Overview of the Implications of the Bankruptcy Code on the Ability to Arbitrate," Annual Survey of Bankruptcy Law, 2004
- Co-author, "Anticipating A Possible Bankruptcy," Project Finance NewsWire, October 2002
- Co-author, "Cross-Frontier Insolvency of Insurance Companies," Sweet & Maxwell, January 2001
- "The Impact of Trade Tariffs--How are they Impacting Companies and Creating Distressed Situations," Association of Insolvency & Restrucuting Advisors' 35th Annual Bankruptcy & Restructuring Conference, Boston, MA June 7, 2019
- "INSOL International Latin America Webinar," INSOL International, New York, NY Mar. 14, 2019
- "Bankruptcy Law," Fordham University School of Law, New York, NY Jan. 28, 2018
"The Basics of Bankruptcy: A Guide to Practitioners," St. John's University School of Law, Queens, NY, Nov. 5, 2017
"Cross-border Insolvencies and Chapter 15 of the U.S. Bankruptcy Code," 2017 Hispanic National Bar Association's Corporate Counsel Conference, Hispanic National Bar Association, Miami, FL, March 31, 2017
- "Are You My Counsel? Unraveling Ethical Issues in Corporate Bankruptcy Representation," 2016 Hispanic National Bar Association's Annual Convention, Hispanic National Bar Association, Chicago, IL, September 8, 2016
- "The Basics of Bankruptcy," St. John's University School of Law, Queens, NY, February 28, 2015
- "Las America en Quiebra: Comparisons of Bankruptcy Systems in the Americas and How They Interact," 2014 Hispanic National Bar Association's Annual Convention, Hispanic National Bar Association, Washington, DC, September 11, 2014
- "Insurer's Standing in Chapter 11 Cases," AIRROC Membership Meeting, New York, NY, March 11-12, 2014
- "Bankruptcy Fundamentals: A Guide for General Practitioners," St. John's University School of Law, New York, NY March 9, 2014
- "Debtor Migration: Intercontinental, Inter-District and Back," American Bankruptcy Institute's 20th Annual Northeast Bankruptcy Conference, Newport, RI, July 12-13, 2013
- "Basics of Bankruptcy Practice," New York State Bar Association, New York, NY, June 15, 2013
- "Bankruptcy Fundamentals: The Importance to General Practitioners," St. John’s University School of Law, New York, NY, October 2011
- "Solvent Schemes in the United States," Solvent Schemes of Arrangement: Latest Developments in the UK & US Conference, New York, NY, January 26, 2010
- Member, American Bankruptcy Institute
- Member, Advisory Board of the American Bankruptcy Institute Law Review
- Member, INSOL International
- Adjunct professor, St. John’s University School of Law
- INSOL International, Younger Members Committee (2011-2017)
- Managing Editor, American Bankruptcy Institute Law Review, 1993–1994
- Staff Member, New York International Law Review, 1992–1993
- Law Clerk to R. Clifford Fulford, US Bankruptcy Judge, Northern District of Alabama, 1994–1995
- Law Clerk to Manuel D. Leal, Chief US Bankruptcy Judge, Southern District of Texas, 1995–1997
Recent significant US Chapter 15 decisions
Publication | July 20, 2022
Hong Kong Court comments on the interplay between the Rule in Gibbs and Chapter 15 recognition
Publication | Q3 2022
Year in review: Significant US Chapter 15 decisions in 2021
Publication | Q2 2022