Katherine Catanese is an associate at Foley & Lardner LLP where she represents indenture trustees, debtors, single asset real estate debtors and creditors, general creditors, asset purchasers, customers, suppliers, landlords and trustees in both Chapter 11 and Chapter 7 bankruptcies and other insolvency proceedings. Ms. Catanese has experience in pre-bankruptcy planning, plan formation, claims litigation, negotiating assumption and assignment of contracts, representing creditors in individual chapter 11 cases, bad faith bankruptcies, complicated claims objections and procedures, including objections to employee benefit and severance claims, representing former officers and directors in chapter 11 bankruptcies, and preparing bankruptcy schedules and first day pleadings. She has represented indenture trustees, chapter 11 trustees, claimants under SIPA, numerous automotive suppliers and lessors in the General Motors, Chrysler, Lear and Delphi bankruptcies. Ms. Catanese has experience in successfully negotiating out-of-court restructuring for automotive and other suppliers. She is a member of the firm’s Bankruptcy & Business Reorganizations Practice, the Automotive Industry Team, and the State and Local Fiscal Crisis Management.
Ms. Catanese has particular extensive experience in the liquidation of and the sale of assets, including real estate, businesses, boats, and automobiles. She has defended and prosecuted large preference and fraudulent transfer cases.
Publications:
- “Implications Of In Re Rahim,” Law 360, Feb. 7, 2011, co-authored with Ann Marie Uetz
- “Philadelphia Newspapers: Consideration of Fairness?,” Law 360, May 20, 2010, co-authored with Douglas E. Spelfogel
- “Philly Papers Ruling to Reshape Lending?,” The Bulletin, May 21, 2010, co-authored with Douglas E. Spelfogel
- “The Future of SPEs In Light of General Growth,” Law 360, Feb. 9, 2010, co-authored with Keith Owens
- "Working Paper: Best Practices for Debtors’ Attorneys," Task Force on Attorney Discipline (Best Practices Working Group, Ad Hoc Committee on Bankruptcy Court Structure and Insolvency Processes, American Bar Association, Business Law Section) Business Lawyer, Vol. 64, No. 1, 2008, co-authored with David W. Allard and others
- "The Means Test Part III: Keeping Up With Dismissals Under BAPCPA," ABI Journal, Vol. XXVI, No. 3, 2007, co-authored with David W. Allard
- "The Means Test Part II: Deductions: More Ambiguity in the Era of Means Testing," ABI Journal, Vol. XXVI, No. 2, 2007, co-authored with David W. Allard
- Quoted in: In re Zaporski, 366 B.R. 758, 765 (Bankr. E.D. Mich., 2007)
- "The Means Test: Seeing Clearly the CMI," ABI Journal, Vol. XXVI, No. 1, 2007, co-authored with David W. Allard
Presentations:
- American Bankruptcy Institute, co-author "When is an Executory Contract a Financial Accommodation Agreement?," ABI 18th Annual Northeast Bankruptcy Conference, July 21-24, 2011
- Commercial Law League of America, Teleseminar, "Don’t Close that File," February 19, 2008
- American Bar Association, "Bankruptcy Boot Camp Part 1: A Practitioner’s Guide to Mastering the Means Test," December 4, 2008
- American Bar Association, "Bankruptcy Boot Camp Part 2: A Practitioner’s Guide to Mastering the Means Test," January 15, 2009
Prior to joining Foley, Ms. Catanese was an associate at Allard & Fish, P.C., where she represented corporate debtors, secured and unsecured creditors, and trustees in all aspects of bankruptcy litigation, including Chapter 7 and Chapter 11 cases.
Ms. Catanese was formerly a visiting professor teaching research and writing at Thomas M. Cooley Law School. She is a member of the Commercial Law League of America, the American Bankruptcy Institute, and formerly the ABA Task Force on Attorney Discipline.
Ms. Catanese earned her J.D. (cum laude, 2004) and her B.A. in psychology (summa cum laude, 2001) from Michigan State University. During law school, she was a clerk for Honorable David L. Jordon.
Ms. Catanese is admitted to practice in New York and Michigan.