Eric Daucher

Head of Financial Restructuring and Insolvency, New York
Norton Rose Fulbright US LLP

New York
United States
T:+1 212 408 5405
New York
United States
T:+1 212 408 5405
Eric Daucher

Eric Daucher

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Biography

Eric Daucher provides a full spectrum of bankruptcy and insolvency related advice. His practice includes litigating avoidance actions and contested chapter 11 plans, prosecuting and defending bankruptcy appeals, advising on and obtaining bankruptcy court approval of value-maximizing distressed M&A transactions, analyzing complex capital structures and related covenant issues, and negotiating and implementing out-of-court workouts. His clients frequently call upon him to investigate complex transactions or unusual business failures for potential wrongdoing and to identify and pursue avenues for unlocking creditor value. His practice spans a broad range of industries, including metals and commodities, financial services, energy, agribusiness, aviation, automotive, telecommunications, traditional and digital publishing, insurance and government entities.

Eric has been repeatedly recognized as a rising star in the insolvency and restructuring field, and has been identified in the Legal 500 U.S. Guide from 2019-2022 as both a "Next Generation Partner" for his work in municipal restructurings and a "Recommended Practitioner" for general restructuring work.


Professional experience

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JD, Moot Court, Emory University School of Law, 2009
BA, Trinity College, 2006

  • New York State Bar
  • The Official Committee of Unsecured Creditors for The Black News Channel.
  • A bond insurer in the PROMESA Title III debt adjustment proceedings of the Puerto Rico Electric Power Authority.
  • A bond insurer in the PROMESA Title III debt adjustment proceedings of the Puerto Rico Highways and Transportation Authority.
  • The first lien agent for Pipeline Foods, an international organic grain logistics company, in the company's Chapter 11 cases.
  • An international entertainment business in the out-of-court restructuring of its 100 percent interest in the Nassau Veterans Memorial Coliseum.
  • A bond insurer in the PROMESA Title III debt adjustment proceedings of the Commonwealth of Puerto Rico and the Puerto Rico Public Buildings Authority.
  • 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.
  • 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.
  • A steering committee of international lenders to Vicentin S.A.I.C. in connection with the company's sudden collapse and related matters.
  • The directors and managers of certain members of the Britax group in that group's out-of-court restructuring.
  • Elk Petroleum, Inc. and its affiliated debtors-in-possession in their chapter 11 cases.
  • The court-appointed monitor of Sears Canada Inc. in connection with the chapter 11 cases of former affiliate, Sears Holdings Corp., against which Sears Canada Inc. holds hundreds of millions of dollars of claims.
  • The first lien agent for a syndicate of lenders to Waypoint LLC and certain of its affiliated debtors in their chapter 11 cases.
  • An ad hoc committee of alternative asset managers holding insured bonds in the restructuring of the Puerto Rico Sales Tax Financing Corporation (COFINA), the first successful restructuring under Title III of the PROMESA statute.
  • The independent directors of Claire's, Inc. in that company's chapter 11 cases.
  • NextEra Energy in its attempted acquisition out of bankruptcy of Energy Future Holdings and its stake in Oncor Electric Delivery Company.
  • An ad hoc committee of alternative asset managers holding insured bonds in connection with the rehabilitation exit proceedings of Ambac Assurance Corporation's segregated account.
  • The joint liquidators of Hellas Telecommunications (Luxembourg) II in a chapter 15 case, cross-border avoidance actions, and related appeals.
  • 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 first lien agent for Dunkard Creek Water Treatment System in connection with the chapter 11 bankruptcies of Longview Power and related debtors.
  • Assured Guaranty in the chapter 9 case of Detroit, Michigan.
  • Assured Guaranty in the chapter 9 case of Jefferson County, Alabama.
  • The court-appointed Examiner, Arthur J. Gonzalez, in investigation of claims in the Residential Capital, LLC chapter 11 cases.
  • The Official Committee of Unsecured Creditors of Tribune Company, et al.
  • The Australian liquidators of the A.B.C. Learning Centres companies in their ancillary cases under chapter 15 of the Bankruptcy Code and related appeals.
  • New York Metro Rising Star, Bankruptcy, Thomson Reuters, 2016 – 2022
  • The Legal 500, Recommended Lawyer, Restructuring (including bankruptcy): Corporate, The Legal 500, 2019 – 2022
  • The Legal 500, Recommended Lawyer, Restructuring (including bankruptcy): Municipal, The Legal 500, 2019 – 2022
  • The Legal 500, Next Generation Lawyer, Restructuring (including bankruptcy): Municipal, The Legal 500, 2019 – 2022
  • Lawdragon 500 Leading US. Bankruptcy and Restructuring Lawyers, 2022
  • 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, "Developing the Evidence: Using Prospective Financial Information in Bankruptcy and Other Litigation for Business Valuation, Damages, and Other Applications," American Bankruptcy Institute, 2020
  • "Learning the Lessons of Chapter 9," The Bond Buyer, September 14, 2015
  • "Federal Court Strikes Down Puerto Rico’s Recovery Act as Unconstitutional," Client Alert, February 11, 2015
  • "Has Stern v. Marshall Opened a Jurisdictional Dispute Floodgate?," International Restructuring NewsWire, October 2011
  • "Dodd-Frank’s Liquidation Scheme: Basics for Bankruptcy Practitioners," American Bankruptcy Institute Journal, July/August 2011
  • "The Gifting Doctrine Post-DBSD North Am., Inc.," International Restructuring NewsWire, May 2011
  • "SCOPAC: New Opportunities for Secured Creditors in Sales of Bankrupt Companies through Chapter 11 Plans," International Restructuring NewsWire, February 2011
  • "Litigating Valuation Disputes: A Primer on Preparing Expert Witnesses for Contested Valuations," ABI - Second Annual Mid-Level Professional Development Program, October 2010
  • Co-author, "Chapter 11 Plan Confirmation Issues: Settlements, Releases, Gifting and Death Traps," American Bankruptcy Institute Journal, October 2010
  • "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
  • "Bankruptcy Litigation Panel, American Bankruptcy Institute New York City Bankruptcy Conference, June 10, 2022.
  • "Industry Spotlight: Retail," Association of Insolvency & Restructuring Advisors 19th Annual Advanced Restructuring and Plan of Reorganization Conference, November 9, 2020.
  • "England's New Reorganisation Plan: Comparison with Schemes of Arrangement, Company Voluntary Arrangements and Chapter 11," Webinar, June 11, 2020
  • "Cross-Border Restructuring: A Collaborative Approach," New York, NY, September 24, 2019
  • "Chapter 15 of the US Bankruptcy Code: Opportunities and Challenges for Off-Shore Insolvency Professionals," Hamilton, Bermuda, April 20, 2017
  • "Puerto Rico Oversight, Management and Economic Stability Act (PROMESA) Webinar," New York, NY, July 12, 2016
  • "Chapter 15 of the US Bankruptcy Code - A Powerful Tool for Off-Shore Practitioners," Tortola, BVI, March 23, 2016
  • "Puerto Rico's New Public Corporation Debt Enforcement and Recovery Act -- Restructuring Legislation for Commonwealth Instrumentalities Webinar," New York, New York, July 28, 2014

American Bankruptcy Institute

INSOL International


Knowledge

Restructuring Touchpoint

Video | March 30, 2022

Restructuring Touchpoint

Video | March 24, 2022