John J. Monaghan is a partner in Holland & Knight's Boston office and serves as the national practice group leader of the firm's Bankruptcy, Restructuring and Creditors' Rights Practice Group. Mr. Monaghan is particularly focused on representing major case participants in complex commercial insolvency and restructuring matters, with a particular focus on Chapter 11 cases. He represents both U.S.-based companies as debtors in Chapter 11 and non-U.S. companies in both in court and out of court cross-border insolvency proceedings. Mr. Monaghan's creditor representations focus on matters involving senior lenders, both in syndicated and single lender deals. He also has extensive experience representing creditors' committees, equity committees, 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, manufacturing, real estate, technology, telecommunications, retail, healthcare, resort and hospitality, franchise, food service, leasing, maritime and aviation. 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.
Mr. Monaghan's experience includes numerous cross-border insolvency proceedings centered in a number of countries. He has represented companies or creditors in cases centered in Singapore, the United Kingdom, Canada, Switzerland, Greece, the Caribbean, Bermuda, Brazil, the Czech Republic, Taiwan and other countries. His cross-border matters have included companies involved in shipping, finance, aviation, energy, manufacturing and hospitality.
Matters in which Mr. Monaghan has been lead counsel have resulted in the issuance of more than 30 published opinions on topics ranging from the impact of rights of first refusal on sales under a plan of reorganization to the constitutional authority of bankruptcy courts to enter final monetary judgments in fraud cases. He has been named as a top bankruptcy lawyer by numerous ranking publications and 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. In 2010 he was named as a fellow of the American Bar Foundation.
A frequent lecturer on bankruptcy issues, Mr. Monaghan has presented seminars on the Bankruptcy Code safe harbors for financial industry transactions, constitutional issues arising from the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), litigating contested plan confirmation proceedings, the purchaser’s perspective in transactions with a Chapter 11 debtor, cross border issues in energy industry insolvencies, and maritime insolvency issues for organizations including the American Bankruptcy Institute, the National Conference of Bankruptcy Judges, the International Bar Association, Marine Money and the Association of Insolvency and Restructuring Advisors.
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