Education

Boston University School of Law, J.D., cum laude

Middlebury College, B.A., cum laude

Bar Admissions

Massachusetts

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John J. Monaghan

Partner
Boston
t: 617-573-5834

John J. Monaghan is the National Practice Group Leader of the firm's Corporate Restructuring, Insolvency and Creditors' Rights Practice Group. Mr. Monaghan is particularly focused on representing major case participants in complex commercial Chapter 11 cases. His extensive bankruptcy practice has involved representation of a wide range of clients, including Chapter 11 debtors, creditors’ committees, equity committees, lenders, purchasers of assets, landlords, licensors, trustees, parties to prepetition contracts and leases, defendants in adversary proceedings and unsecured creditors. His experience crosses a broad array of industries, including finance, leasing, manufacturing, real estate, technology, telecommunications, retail, healthcare, resort and hospitality, franchise, food service, maritime and the airline industry. He advises clients on the business aspects of bankruptcy and workouts, and represents clients in matters in the Bankruptcy Court as well as in other state and federal courts.

Matters in which Mr. Monaghan has been lead counsel have resulted in the issuance of over a dozen published opinions on topics ranging from the standing of creditors' committees to pursue a Chapter 11 debtor's causes of action to the adequate protection rights of secured parties when an estate representative seeks to return goods in satisfaction of a vendor's prepetition claim. He has been named as a top bankruptcy lawyer by Best Lawyers In America, Chambers, the Deal and Massachusetts Super Lawyers. In 2008, Mr. Monaghan was inducted as a Fellow in the American College of Bankruptcy, a professional, educational and honorary association whose membership is limited to those in the profession who exemplify the highest standards of professional and ethical standards.

A frequent lecturer on bankruptcy issues, Mr. Monaghan has presented seminars on representing debtors in commercial Chapter 11 cases, debtor in possession financing, cash collateral usage and adequate protection issues and transferring assets in Chapter 11 cases for Massachusetts Continuing Legal Education; competing plans of reorganization for the Boston Bar Association continuing education program; the Bankruptcy Code safe harbors for financial industry transactions, Constitutional issues arising from BAPCPA and representing purchasers from Chapter 11 estates for the American Bankruptcy Institute; amendments to the Bankruptcy Code for the Practicing Law Institute; as well as creditor issues in bankruptcy, asset protection, bankruptcy taxation, and fraudulent conveyances to various industry groups and continuing professional education organizations.

Professional Honors & Awards

  • The Best Lawyers in America guide, Bankruptcy and Creditor-Debtor Rights Law, 2006-2012
  • The Best Lawyers in America guide, Litigation - Bankruptcy, 2011-2012
  • International Who's Who of Insolvency & Restructuring Lawyers, 2011
  • Chambers USA - America's Leading Business Lawyers guide, Bankruptcy/Restructuring, 2005-2011
  • Massachusetts Super Lawyers magazine, 2005-2011
  • Massachusetts Super Lawyers magazine, Top 100, 2008-2009
  • Corporate Counsel Edition, Super Lawyers magazine, July 2009
  • New England Super Lawyers magazine, Top 100, 2008-2009
  • Boston's Best Lawyers, 2005-2009
  • Fellow of the American Bar Foundation
  • Fellow of the American College of Bankruptcy
  • Top Lawyer, The Deal, Business Bankruptcies, Representation of Unsecured Creditors and Number of Engagements
  • Boston University Law Review, Editor

Memberships

  • American College of Bankruptcy
  • American Bankruptcy Institute
  • American Bar Association
  • Massachusetts Bar Association
  • Boston Bar Association

Speaking Engagements

  • "When Chapter 11 Cases Go Wrong," New England Bankruptcy Law Conference, Massachusetts Continuing Legal Education, November 2, 2011
  • "Real Estate Loan Enforcement in a Securitized World," American Bankruptcy Institute Northeast Conference, July 9-11, 2010
  • "Distressed Real Estate: Market Trends and Disposition Strategies in a Difficult Market," American Bankruptcy Institute Annual Spring Meeting, May 1, 2010
  • "Buying and Selling Assets in Chapter 11," National Conference of Bankruptcy Judges, October 18-21, 2009
  • "Let's not do this again: Lessons learned from recent financial institution failures," 15th Annual Global Insolvency and Restructuring Conference, May 17-19, 2009
  • "Practical Answers for Dealing With Troubled Retail Tenants," Retail Bankruptcy Seminar, January 29, 2009
  • "Distressed Debt Trading In A Distressed Market," New York Society of Security Analysts' 19th Annual High Yield Bond Conference, June 10, 2009
  • "Drafting Around the Stay, Swaps, Futures, Repurchase Agreements and the Future of Pre-Petition Agreements in Bankruptcy," American Bankruptcy Institute Annual Spring Meeting, 2008
  • "Recent Developments in Claims Issues," Annual Bench Meets Bar Bankruptcy Update, Massachusetts Continuing Legal Education, 2008
  • "Safe Harbors for Financial Industry Transactions," American Bankruptcy Institute Northeast Conference, 2007
  • "BAPCPA and the First Amendment - Are Restrictions on Attorney Speech Unconstitutional?", American Bankruptcy Institute Manhattan Conference, 2006
  • "Acquiring Property From a Chapter 11 Estate," American Bankruptcy Institute Northeast Conference, 2004
  • "Competing Plans of Reorganization," Annual Bench Meets Bar Meeting, Boston Bar Association, 2000

Published Articles & Books

  • "Structured Dismissals: How to Get Out of Dodge," Massachusetts Continuing Legal Education Publication, 2011
  • "General Growth Properties: Where Loan Documents and Bankruptcy Collide," American Bankruptcy Institute 17th Annual Northeast Conference Educational Materials, July 2010
  • "Bankruptcy Court Denies Motions to Dismiss Chapter 11 Cases of GGP Subsidiaries," Bankruptcy and Creditors' Rights, Alert - August 14, 2009
  • "Ponzi Schemes and Clawbacks: Investors Pay Twice for the Crimes of Others," Insights Magazine, July 2009
  • "After Travelers, Bankruptcy Courts Still Need Directions," Lorman Publications, December 2007
  • "Settlement Payments in Financial Industry Transactions: How Safe Is the Harbor?," American Bankruptcy Institute Finance & Banking Committee Newsletter, August 2007
  • "BAPCPA’s Treatment of KERPs: A Prime Example of Why Leaving It to the Courts Would Have Been the Right Idea," Bankruptcy and Creditors' Rights, Newsletter - Third Quarter 2006
  • "Representing the Buyer in an Acquisition From a Chapter 11 Debtor - What If There Is Not A Willing Seller," American Bankruptcy Institute Asset Sales Newsletter, September 2004
  • "Doing Business in Chapter 11," MCLE Publication, 2002
  • "Third Party and Competing Plans of Reorganization," Boston Bar Association Bench-Bar publication, 1998
  • "Has Congress Bankrupted Bankruptcy, Bankers are Cheering, Debtors are Jeering," Bankers & Tradesman, 1995
  • "Extending the Bad Faith Tort Doctrine to General Commercial Contracts," Boston University Law Review, 1985