Alissa M. Nann

Senior Counsel

Overview

Alissa Nann is a senior counsel with Foley & Lardner LLP. Her practice focuses on corporate and financial restructuring, business solutions, bankruptcy litigation, and debtors' and creditors' rights. Alissa represents debtors, creditors, buyers, financial institutions, contract counterparties, trustees and official ad hoc committees in large-asset bankruptcies, out-of-court workouts, and adversary proceedings. Her experience spans numerous industries, including energy, health care, education, aviation, retail, manufacturing, telecommunications, financial services, real estate, and hospitality. Alissa is a member of the firm's Bankruptcy & Business Reorganizations Practice.

Alissa has significant experience representing not-for-profit entities both in and outside of bankruptcy matters. She also represents banks and trustees of bank holding companies, including in litigation related to procurement of tax refunds and disputes with the FDIC over refund ownership.

She further emphasizes her practice on indenture trustee representation, including representation of Wilmington Trust as the indenture trustee for certain bonds in the Hellas litigations (Greek telecom), Samson Resources (oil and gas), and Peabody Energy (coal) bankruptcies.

Alissa has extensive experience in the representation of trustees regarding resolution and objection to bankruptcy claims, pursuit of fraudulent transfer and preference actions, as well as litigation related to bad faith bankruptcy filings, Ponzi schemes, and 363 sales. Prior to joining Foley, Alissa was an associate with a national firm where she represented Irving Picard, the SIPA trustee in the liquidation of Bernard L. Madoff Investment Securities LLC. Previously, Alissa also served as a law clerk to the Honorable Shelley C. Chapman, United States Bankruptcy Judge for the Southern District of New York.

Alissa is the office chair for Foley's Women's Network in the New York office and is a Foley LGBTQ Ally.

Alissa dedicates pro bono hours to, among other things, working with the New York City Bar Consumer Bankruptcy Project, advising individual consumer debtors regarding the bankruptcy process. She also dedicates pro bono hours to assisting victims of domestic violence in custody and child support battles, as well as in seeking legal status in the United States through the HerJustice organization. Alissa also assists asylum seekers through the New York City Bar Association.

Representative Experience

  • Represented, the Official Creditors' Committee of Sienna Biopharmaceuticals, Inc. (pharmaceuticals developer).
  • Represented, the Official Creditors' Committee of Heritage Home Group LLC. (furniture manufacturer and retailer).
  • Advised, In Association for Metroarea Autistics Children, Inc. Counsel to chapter 11 debtor, a publicly funded K-12 school for special needs children.
  • Represented, In re Alrose Allegria, LLC & Alrose King David, LLC. Counsel to chapter 11 debtor in restructuring of full service hotel located in Long Beach, NY.
  • Represented, the Bancorp Bank. Counsel to Bancorp as a secured lender to a number of stressed and distressed borrowers, including in the chapter 11 case of Phoenix Payment Systems.
  • Represented, Best Buy. Counsel to Best Buy as a creditor in various bankruptcies and out-of-court distressed situations, including in the chapter 11 restructuring of NewZoom, one of the largest sellers of Best Buy inventory outside of Best Buy stores.
  • Advised, the Culture Project. Pro bono counsel to NYC non-profit theater organization, leading up to chapter 11
  • Advised, Wilmington Trust Company. Represent WTC as indenture trustee, holding billions of dollars in bonds and sub-debt in various cases, including Samson and Peabody.
  • Advised, Student CU Connect CUSO, LLC (CUSO). Counsel to the CUSO in connection with chapter 7 liquidation of ITT Technical Institute, a failed for-profit college.
  • Advised, Wilmington Savings Fund Society. Represent WSFS as indenture trustee in Verso Paper.
  • Represented, the Official Creditors' Committee of Stillwater Asset Backed Offshore Fund Ltd. (offshore investment fund)
  • Represented, the Official Creditors' Committee of Raser Technologies, Inc., (geothermal power plant developer)
  • Represented, the Official Creditors' Committee of LWD. Inc. (landfill and incinerator), addressing certain insider fraud issues
  • Advised, Lyondell and various clients named as defendants in $12.5 billion LBO clawback action.
  • Represented, Sooner Holdings (f/k/a Syntroluem) in asset sale to Tyson, and in connection with a shareholder class action.
  • Represented, Cordell Funds, as non-institutional secured creditors of entities related to the 1031 Tax Group debtors.
  • Trustee Representations:
    • Ken Tepper as plan trustee for Guaranty Financial Group and as plan administrator for Big Sandy Holding Company.
    • SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC.
    • Plan trustee for the Raser Creditor Trust.
    • Stillwater Liquidating LLC, liquidating assets of Stillwater Asset Backed Offshore Fund and 11 affiliated funds.

Recognition

  • Recognized, New York Super Lawyers - Rising Stars® (2014-2018)

Hosted Events

  • Co-Host, IWIRC NY, "Litigation Claims Financing: An Innovative Tool to Maximize Recovery?," BakerHostetler, October 22, 2019
  • Co-Host, IWIRC NY, "Negotiation Skills for Women," National Arts Club, April 24,2019
  • Co-Host, IWIRC NY, "Maritime and Offshore Restructuring Panel," Freshfields, November 14, 2018
  • Co-Host, "An Evening Celebrating Women in Business," Foley & Lardner, October 18, 2018
  • Co-Host and Moderator, IWIRC NY, "Sponsorship: Pathway to Success," Gallagher's Steakhouse, July 10, 2018
  • Co-Host, IWIRC NY, "Emotional Intelligence in Team Dynamics: Lead by Example," Foley & Lardner, June 13, 2017
  • Co-Host, "An Evening Celebrating Women from Head to Toe," Foley & Lardner, June 21, 2016
  • Co-Host, "An Evening Supporting and Celebrating Women in Business," MM LaFleur, January 29, 2015

Education

  • Georgetown University Law Center, (J.D., 2006)
    • Executive editor, American Criminal Law Review
    • Member, Student Bar Association
  • Michigan State University, (B.A., 2002)
    • Graduated with high honors

Admissions and Professional Memberships

  • New York
  • U.S. District Courts for the Southern and Eastern Districts of New York
  • Member, New York City Bar Association
  • Member, American Bankruptcy Institute
  • Member, Turnaround Management Association
  • Board member, substantive events co-chair, International Women's Insolvency and Restructuring Confederation (IWIRC)

Capabilities