Ashley M. McDow

Partner

Overview

Ashley McDow is a partner with Foley & Lardner LLP, and is admitted to practice law in California and the state of Washington. Ashley is an insolvency and commercial lawyer with significant experience representing parties on every side of a transaction, including debtors-in-possession and creditors’ committees, in both in-court and out-of-court restructurings. Ashley’s experience spans a wide and diverse array of industries, ranging from healthcare to manufacturing, in chapters 7, 9 and 11 of the Bankruptcy Code. Consistently recognized as an exemplary attorney by members of both the bankruptcy bar and the bankruptcy bench, Ashley utilizes her holistic understanding of the bankruptcy process in order to effectively and efficiently represent the interests of her clients. Ashley is also involved in a wide array of pro-bono efforts, including on behalf of The Veterans Consortium – efforts she finds particularly meaningful given her upbringing in a military family. 

Ashley has been listed since 2016 in Chambers USA for Bankruptcy/Restructuring in California and as a Southern California Super Lawyers “Rising Star” since 2011. Ashley is the immediate Past Chair of both the Commercial Law Committee and the Executive Committee of the Commercial Law and Bankruptcy Section of the Los Angeles County Bar Association, serves on the editorial board of the California Bankruptcy Journal, and was hand-selected to serve on the United States Bankruptcy Court Central District of California Bar Advisory Board, an organization comprised of a number of bankruptcy judges currently serving on the bench in the Central District of California (including the chief bankruptcy judge), the United States Trustee for Region 16 and a few select restructuring practitioners who have demonstrated an unparalleled commitment to advancing the restructuring practice not only locally, but nationally. Ashley has also authored a number of publications on bankruptcy and commercial law topics, including critical vendor motions, perfection of security interests in intellectual property and the enforcement of state court judgments in bankruptcy.  In addition, Ashley has guest lectured at the University of California Irvine School of Law on insolvency and restructuring matters. Most recently, she was recognized as an honoree of the 2019 American Bankruptcy Institute “40 under 40” Emerging Leaders in insolvency, an award which recognizes insolvency professionals from around the globe under the age of 40 who are setting the standard for excellence in the field.

 

Experience

  • Represents a group of twenty-two long term care facilities, management companies and holding companies in their jointly administered Chapter 11 bankruptcy proceedings currently pending in the Western District of Washington.
  • Represents a chain of skilled nursing facilities throughout Southern California in a wide-array of matters, including the recent out-of-court restructuring of both debt and equity.
  • Represents purchasers of both OpCos and PropCos in transactions both in and out of bankruptcy. 
  • Represents a payroll company that provides services to skilled nursing facilities throughout the country in a wide variety of healthcare transactions and litigation.
  • Represents a healthcare management company in state court litigation with various vendors.
  • Represents a healthcare provider in the investigation of alleged misconduct within a governmental agency.
  • Represents a secured lender specializing in healthcare financing.
  • Represents a regional leader in “last-mile” delivery service and its affiliates both in their jointly administered Chapter 11 bankruptcy proceedings and in an adversary proceeding against Amazon in which injunctive relief ensuring the going concern of the Debtors has been granted. 
  • Represents a number of urgent care clinics in their recently confirmed jointly administered Chapter 11 bankruptcy proceedings.
  • Represents the debtor in possession of a commercial real estate development and management company worth nearly $40 million in its Chapter 11 reorganization.
  • Serves as counsel for the Chapter 7 trustee in the bankruptcy cases of two entertainment companies involved in the production and distribution of family-oriented films and television programming. 
  • Serves as counsel for the Chapter 7 trustee in the bankruptcy proceeding of a well-known songwriter and record producer.
  • Represented a California Healthcare District in its Chapter 9 bankruptcy proceeding and represents the same California Healthcare District in novel litigation against its secured lender.
  • Represented a skilled nursing facility in its Chapter 11 bankruptcy proceeding in which the operations were transferred and nearly ten million dollars in governmental debt was favorably resolved. 
  • Represented two individual debtors engaged in contentious state court litigation in their individual Chapter 11 bankruptcy proceedings.
  • Represented the Official Committee of Unsecured Creditors in the jointly administered Chapter 11 bankruptcy proceedings of two high net worth individuals. After commencing an involuntary bankruptcy against the now debtors on behalf of three creditors, Ashley successfully obtained the entry of an order for relief and the appointment of a Chapter 11 trustee.
  • Represented the Official Committee of Unsecured Creditors in the bankruptcy proceeding of the manufacturer of Bitcoin mining computers and related hardware and the liquidating trustee in the same matter.
  • Represented a landlord in the defense of an avoidance action seeking nearly $20 million dollars.
  • Represented a sovereign nation as the purchaser of aircraft in a bankruptcy proceeding in North Carolina.
  • Served as general bankruptcy counsel to the trustee in an individual Chapter 11 bankruptcy proceeding, in which one of the debtors in the case was a co-owner of an Internet service provider.
  • Represented the Chapter 7 trustee in an individual bankruptcy case involving the concealment of valuable assets through a series of transfers to domestic and offshore shell companies, and identified and liquidated assets sufficient to pay all claims in full.
  • Represented a partner in pending litigation regarding the ownership and distributions from the partnership formed to rehabilitate and operate certain restaurant franchises.
  • Represented a finance company engaged in lending money for the purchase and lease of commercial and industrial equipment in various bankruptcy cases nationwide.
  • Represented a film and television actress in her individual Chapter 11 reorganization, precipitated by the client's inability to service debt secured by two parcels of realty in Bel Air, California, and Jackson, Wyoming.
  • Represented an Internet service provider in its Chapter 11 reorganization and successfully obtained confirmation of the proposed plan of reorganization.
  • Represented an entertainment company in pending litigation regarding the ownership and control of a joint venture between the company and a joint venturer as well as a dispute pertaining to the distribution of revenues to the officers and directors.
  • Served as special counsel for the liquidating trust of a national electronics retailer, representing the liquidating trust in its efforts to address a $30 million claim filed by the California Self-Insurers' Security Fund and recovering more than $10 million the fund drew from a line of credit secured by the company for potential workers' compensation liability.
  • Served as counsel for the state court-appointed receiver for a precision machining company engaged in the manufacture of components used in military and aerospace applications, among others.
  • Represented an internet advertising company in the acquisition of certain domain names and associated intellectual property.

*Certain of these matters occurred prior to Ashley joining Foley & Lardner LLP.

Education

  • J.D., Loyola Law School, 2006
  • B.A., University of Washington, 2003

Publications

  • Author, Debtors Beware: "The Precarious State of Chapter 11 for Individual Debtors Who Have Lost Control" April 7, 2017 (2A Bankr. Service L. Ed.§ 17:164)
  • Co-Author, “Nothing in Life is Guaranteed: The Impact of Bankruptcy on Enforcement of Personal Guaranties” California Business Law Practitioner, June 1, 2016
  • Co-Author, “Law v. Siegel- The End of Equitable Authority of the Bankruptcy Court” January 1, 2015, Vol. 33 Cal. Bankr. J. No. 2 (2015)
  • Co-Author, eBulletin on FDIC v. Siegel for California Bar Association, August 11, 2014
  • Co-Author, California Bankruptcy Journal, June 9, 2014, “Enforcing State Court Judgment in Bankruptcy: Liens Gone Wild, Pitfalls, Strategies and Opportunities for Creditors and Debtors Alike, Vol. 32 Cal. Bankr. J. No. 2 (2014)
  • Co-Author, California Bankruptcy Journal, “Critical Vendors – Necessity or Nullity” Vol. 33 Cal. Bankr. J. No. 1 (2014)
  • Author, "The Right to File-Who Does it Belong to?" Receivership News, February 1, 2014
  • Author, "Foreclosure Alternatives” Big News for Smaller Firms, Vol. 18, Issue 3, Fall, 2012
  • Author, "John W. Sedwick Assumes Senior Status in March” The Alaska Bar Rag, Vol. 35, Issue 1, March, 2011
  • Author, Article 9 in the Uniform Commercial Code Law Journal, December 1, 2008

Presentations Include

  • Speaker, Los Angeles County Bar Association Program “Unique Issues In Healthcare Business Restructuring” (April 27, 2017)
  • Panelist, American Bankruptcy Institute Program “Involuntary Petitions – Issues to Consider Before Pulling the Trigger” (February 23, 2017)
  • Co-Speaker, Los Angeles County Bar Association Program “The Dawning of a New Era: Voidable Transactions Act of 2014” (October 17, 2016)
  • Speaker, Los Angeles County Bar Association Program “Don’t Take it Personally: The Pitfalls of Personal Guarantees” (June 08, 2015)
  • Panelist, Commercial Law League of America “Personal Guarantee and Bankruptcy and Veil Piercing” (September 15, 2014)
  • Speaker, Commercial Law League of America and Financial Poise Webinar “The Intersection of Bankruptcy and The Uniform Commercial Code” (August 27, 2014)
  • Speaker, Commercial Law League of America and Financial Poise Webinar “Article 9, Secured Transactions” (August 20, 2014)
  • Speaker, Panel for Commercial Bankruptcy Law Webinar “How to Confirm a Chapter 11 Plan” (August 12, 2014)
  • Speaker, Commercial Law League of America and Financial Poise Webinar “The Uniform Commercial Code in 60 minutes: An Overview” (August 06, 2014)
  • Panelist, Commercial Law League of America and Financial Poise Webinar “How to Get a Bankruptcy Case Dismissed or Converted” (July 22, 2014)
  • Panelist, Commercial Law League of America and Financial Poise Webinar “How to Lift the Automatic Stay” (July 15, 2014)
  • Panelist, Commercial Law League of America and Financial Poise Webinar “How to Defeat a Single Asset Real Estate Case ” (June 14, 2014)
  • Panelist, Commercial Law League of America and Financial Poise Webinar “How to Chase a Personal Guarantor to the Ends of the Earth” (August 14, 2013)
  • Panelist, Commercial Law League of America and Financial Poise Webinar “Cash Collateral and Dip Loan Motions” (July 24, 2013)
  • Speaker, Western Region Bankruptcy and Collections Conference “Recent Developments in Preference Litigation Demand Letters, Settlement Tricks and Traps, Litigation Strategy, And Recent Case Law” (September 16, 2011)

Recognition

  • Chambers USA: Bankruptcy/Restructuring in California (2016, 2017, 2018)
  • Southern California Super Lawyers "Rising Star" (2011 to 2017)

Admissions

Ashley is admitted to practice law in California and the state of Washington.

Memberships

  • Los Angeles County Bar Association
    • Commercial Law and Bankruptcy Executive Committee: Immediate Past Chair
    • Commercial Law Committee: Immediate Past Chair
  • American Bankruptcy Institute (ABI)
  • Turnaround Management Association (TMA)
  • Los Angeles Bankruptcy Forum (LABF)