Leah M. Eisenberg

Of Counsel

Overview

Leah Eisenberg is of counsel and a bankruptcy and restructuring attorney with Foley & Lardner LLP. Leah’s practice focuses on counseling clients in default, restructuring, bankruptcy, and corporate trust matters, with an emphasis on indenture trustee, creditors’ committee, and other creditor representations.

Prior to joining Foley, Leah was a partner at a Washington, D.C.-based law firm in its New York office. Earlier in her career, she served as a first law clerk to the Honorable Robert E. Gerber, the U.S. bankruptcy judge for the Southern District of New York.

Representative Experience*

Leah’s current and previous representative experience includes:

  • Represent indenture trustees in corporate trust default and non-default matters, as well as in Chapter 11 proceedings, which include Appvion, Inc., TOPS Holding II Corporation, A.M. Castle & Co, Linn Energy, LLC, Linc USA GP, Halcon Resources Corp., Goodrich Petroleum Corp., Sandridge Energy, Inc., Walter Energy Inc., Bankers Bancorporation of Florida, Inc., BPZ Resources, Inc., Exide Technologies, Essar Steel Algoma, Inc., Home Valley Bancorp., Inc., Advanta Corporation, Bank United Financial Corporation, TOUSA, Inc., Simmons Bedding Company, Washington Mutual, Inc., Dana Corporation, HomeBanc Mortgage Corporation, and Vesta Insurance Group Inc.
  • Represent numerous official committees of unsecured creditors in Chapter 11 proceedings in multiple jurisdictions and industries, including, most recently, the Official Creditors’ Committee of Home Heritage Group LLC (furniture manufacturer) and GST AutoLeather, Inc. (global designer and manufacturer of automotive leather components).
  • Represent secured creditors, unsecured creditors, purchasers, plan trustees and former employees in connection with Chapter 11 proceedings, including, most recently, the liquidating trust of Stillwater Asset Backed Offshore Fund and 11 affiliated funds and the plan trustee of Circuit City.

* Some of these matters were handled prior to Foley.

Recognition

Leah was recently appointed to the board of directors of the Association of Insolvency Restructuring Advisors (AIRA). She received the 2018 New York Institute of Credit (NYIC) Women’s Division Executive of the Year Award. Leah also received a publication award at the American Bankruptcy Institute’s Annual Spring Conference in 2017.

Education

Leah received her law degree from Brooklyn Law School (J.D., 2000) and earned her bachelor’s degree in politics, philosophy, and law from Binghamton University (B.A., summa cum laude, 1997).

Admissions and Professional Memberships

Leah is admitted to practice law in the State of New York and New Jersey. She is also admitted to practice before the U.S. District Courts for the Eastern and Southern Districts of New York, as well as the U.S. Court of Appeals for the Second Circuit.

Leah holds various leadership positions in professional organizations, including co-founder and president of the Women’s Division for the New York Institute of Credit (NYIC), board member of the AIRA, advisory board member of ABI’s Valcon conference and advisory board member of AIRA’s annual conference.

Community Engagement

Leah serves as a volunteer for the City Bar Justice Center’s Consumer Bankruptcy Project. Leah is currently representing clients seeking Holocaust reparations from France and Germany. Leah is also currently dedicating pro bono hours to advising clients referred by Her Justice. Leah also volunteers weekly at her synagogue’s Hebrew school, assisting students with reading Hebrew. She also volunteers regularly with her daughter for Home for Good Dog Rescue.

Selected Publications and Speaking Engagements

Publications  

  • Author, “Warning: Pro Bono Work Can Be Good for Your Professional Spirit,” ABI Journal (April 2019)
  • Co-author, “Arbitration and Bankruptcy: A Tug of War,” The Review of Banking & Financial Services, Vol. 33 No. 7 (July 2017)
  • Co-author, Representing the Creditors' Committee: A Guide for Practitioners, American Bankruptcy Institute (2016)
  • Co-author, “Clarifying TruPS Holders’ Exercise Of Remedial Rights,” Law360 (October 2014)
  • Co-author, “A 3rd Circ. Opinion On Third-Party Releases,” Law360 (August 2014)
  • Author, “Lehman Bankruptcy Court Overrules UST Fee Objection and Reaffirms Confirmed Plan Provision,” AIRA Journal, Vol. 26, No. 6 (2013)
  • Co-author, “Validating A Holder's Right To Elect Ch. 7 Trustee,” Law360 (August 2012)
  • Author, “Gifting and Asset Reallocation in Chapter 11 Proceedings: A Synthesized Approach,” ABI Journal (September 2010)
  • Author, “Settlements of Estate Claims: May a Debtor Unilaterally Settle Claims and Causes of Action Commenced by a Creditors’ Committee Without the Committee’s Consent?,” AIRA Journal, Vol. 23 No. 2 (2009)
  • Co-author, “Creativity and Section 1129 (a) of the Bankruptcy Code: Confirmation of Administratively Insolvent Debtor,” ABI Journal (September 2003)

Speaking Engagements

  • Speaker, "Chapter 11 Bankruptcy Do's and Don'ts for Creditors: Recent Cases, Creditor Issues, Rights and Remedies and Best Practices," Webinar, NACM Commercial Services (July 2019)
  • Speaker, “How Does a Creditors’ Committee Work and Why Does It Exist,” NACM Commercial Services, National Apparel & Footwear Credit Association, Boston, MA (June 2019)
  • Speaker, “Creditors: How to Resolve Knotty Issues?” 11th Annual Restructuring + Distressed Investing Forum, New York, NY (May 2019)
  • Speaker, “Valuing Causes of Action for Purposes of Third Party Releases,” VALCON 2019, Las Vegas, NV (February 2019)
  • Speaker, “How Does a Creditors’ Committee Work and Why Does it Exist,” NACM Commercial Services, North American Retail Group, Miami, FL (January 2019)
  • Speaker, “'Broken Bonds' – Navigating Indenture Trustee Issues in the Default World,” IWIRC’s 25th Annual Fall International Conference (October 2018)
  • Moderator, “Pre-Packaged Chapter 11 Cases,” The 13th Annual NYIC/AIRA Joint Bankruptcy and Restructuring Event, New York, NY (January 2018)
  • Speaker, “Best Practices for Motion and Brief Drafting,” American Bankruptcy Institute’s “2017 Delaware Views From the Bench” Conference, Wilmington, DE (September 2017)
  • Speaker, “New Challenges to Out-of-Court Exchange Offers,” American Bar Association Annual Conference "CLE in the City" Series, New York, NY (August 2017)
  • Speaker, “Commercial Finance Association’s Workouts and Bankruptcy Workshop,” New York, NY (April 2017)
  • Panelist, “In This Corner, Arbitration; in the Other, Bankruptcy,” ABI Caribbean Insolvency Symposium, Cayman Islands (February 2017)
  • Moderator, “Supreme Court Watch Dog: Cases That Could Have Impact on Bankruptcy Law and Practice,” The 12th Annual NYIC/AIRA Joint Bankruptcy and Restructuring Event, New York, NY (January 2017)
  • Moderator, “Views from the Bench [judge’s roundtable on hot topics],” ABI’s 10th Annual Credit & Bankruptcy Symposium, Mashantucket, CT (May 2016)
  • Panelist, “Worth Their Weight in Gold – Perspectives on Key Valuation Issues in Bankruptcy and Restructuring Matters,” The 4th Annual IWIRC At The Shore Conference, Atlantic City, NJ (March 2016)
  • Moderator, “Plan Support [on the topic of use, effectiveness, and limits of plan and restructuring support agreements],” The 11th Annual NYIC/AIRA Joint Bankruptcy and Restructuring Event, New York, NY (January 2016)
  • Moderator, “Going All In on Casinos,” The 2015 TMA Mid-Atlantic Regional Symposium, Atlantic City, NJ (June 2015)
  • Speaker, “Watch Your Step! – A Discussion of the Landmines Revealed by Recent Litigation Involving Trustees, Investors, Underwriters, and Issuers,” ABA Business Law Section Spring Meeting, Montreal, Canada (April 2016)
  • Panelist, “Being Secured Just Ain't What It Used to Be,” AIRA’s 31st Annual Bankruptcy and Restructuring Conference, Philadelphia, PA (June 2015)
  • Moderator, “Litigation of Specific Matters,” Fundamentals of Bankruptcy Litigation – A CLE Seminar hosted by Bankruptcy Law and Federal Litigation Sections of The Federal Bar Association and The Southern and Eastern District of New York Chapters of The FBA, New York, NY (June 2015)
  • Panelist, “Hot Topics in Bankruptcy and Reorganization,” The 10th Annual NYIC/AIRA Joint Bankruptcy and Restructuring Event, New York, NY (January 2015)
  • Panelist, “Ethical Considerations in the Restructuring Practice and Best Practices,” AIRA's 13th Annual Advanced Restructuring & Plan of Reorganization Conference, New York, NY (November 2014)
  • Moderator, “Cash Collateral,” The 9th Annual NYIC/AIRA Joint Bankruptcy and Restructuring Event, New York, NY (January 2014)
  • Moderator, “Restructuring & Bankruptcy Alternatives To Maximize Value,” The 2013 TMA Mid-Atlantic Regional Symposium, Atlantic City, NJ (June 2013)
  • Moderator, “Primer on Financing Issues for Municipalities,” VALCON 2013, Las Vegas, NV (February 2013)
  • Moderator, “Current Legal Issues and Bankruptcy Developments Confronting Bank Agents and Indenture Trustees,” The 8th Annual NYIC/AIRA Joint Bankruptcy and Restructuring Event, New York, NY (January 2013)
  • Panelist, “Plan Process and Plan Funding,” AIRA’s 28th Annual Bankruptcy & Restructuring Pre-Conference Financial Advisor’s Toolbox Program, San Francisco, CA (June 2012)
  • Panelist, “Intersection of Securities Law and Bankruptcy Law,” ABI’s 14th Annual New York City Bankruptcy Conference, New York, NY (May 2012)
  • Panelist, “Today’s Chapter 11 Cases – What’s New: Debt Trading and Loan to Own, Debt for Equity Pre Pack Plans and 363 Sales,” The 5th Annual AIRA and NYIC Joint Bankruptcy and Restructuring Event, New York, NY (January 2013)