Ashley M. McDow

Partner

Overview

Ashley McDow is a partner with Foley & Lardner LLP. She practices primarily in the areas of bankruptcy and commercial law, focusing principally on the representation of debtors in possession and creditor committees in both corporate and individual Chapter 11 reorganizations, Chapter 7 and 11 trustees, and parties to various adversary proceedings. With experience representing clients on all sides of the bankruptcy process, Ms. McDow has developed a holistic understanding of the bankruptcy process, and utilizes this understanding to effectively and efficiently represent the interests of her clients.

Ms. McDow serves as an editor on the editorial board of the California Bankruptcy Journal. She has 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, and has guest lectured at the University of California Irvine School of Law on insolvency and restructuring matters.

Experience

  • Represents a California healthcare district in its Chapter 9 bankruptcy case.
  • Represents six urgent care clinics in their jointly administered bankruptcy proceedings.
  • Represents the Official Committee of Unsecured Creditors in the Chapter 11 case of two high net worth individuals. After commencing an involuntary bankruptcy against the now debtors on behalf of three creditors, Ms. McDow successfully obtained the entry of an order for relief and the appointment of a Chapter 11 trustee.
  • Represents the Official Committee of Unsecured Creditors in the bankruptcy case of the manufacturer of Bitcoin mining computers and related hardware and now represents the liquidating trustee in the same matter.
  • 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 general bankruptcy counsel to the Chapter 7 trustee in the bankruptcy case of an individual debtor.
  • Serves as counsel for the Chapter 7 trustee in the bankruptcy case of a well-known songwriter and record producer.
  • Represents two individual debtors engaged in contentious state court litigation in their individual Chapter 11 bankruptcy proceedings.
  • Represents a landlord in the difference of an avoidance action seeking nearly $20 million dollars.
  • 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.
  • Represented a sovereign nation as the purchaser of aircraft in a bankruptcy proceeding in North Carolina, which was commenced by the seller of the aircraft prior to the delivery thereof but following the payment of the purchase price in full.
  • Served as general bankruptcy counsel to the Chapter 11 trustee in an individual bankruptcy case, in which one of the debtors in the case was a co-owner of an Internet service provider, and now serves as general bankruptcy counsel, to the Chapter 7 trustee in the same matter.
  • 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 Ms. McDow 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

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

Memberships

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