Brittany J. Nelson

Partner

Overview

Brittany J. Nelson is a partner and a litigation attorney with Foley & Lardner LLP. Her experience includes representing businesses, nonprofit organizations, and other entities in a variety of bankruptcy matters. Brittany regularly represents unsecured creditors’ committees, Chapter 11 debtors, Chapter 7 and Chapter 11 Trustees, and federal court-appointed receivers. In addition, Brittany routinely represents creditors in high-stakes litigation, including in avoidance actions, claims disputes, and creditors’ rights litigation. Brittany has also represented debtors and creditors before federal Bankruptcy, District Courts, Court of Appeals and various state courts. She is a member of the firm's Bankruptcy & Business Reorganizations and Business Litigation & Dispute Resolution Practices.

Representative Transactions*

  • Represents the Official Committee of Unsecured Creditors in GST Autoleathers, Inc., a Chapter 11 bankruptcy for premier global supplier of automotive leather interior, currently pending in the Bankruptcy Court for the District of Delaware.
  • Represents an ad-hoc group of administrative vendors in In re Toys R Us, currently pending in the Bankruptcy Court for the Eastern District of Virginia (Richmond Division). Toys “R” Us was the world’s leading dedicated toy and baby products retailer, with nearly 65,000 employees worldwide with approximately 1,900 locations in 38 countries. Foley’s representation included negotiating with senior secured lenders, DIP lenders, the debtor, and the Unsecured Creditors’ Committee to establish and fund an administrative claims pool. Without such a pool, these vendors would have received no recovery on more than $800 million worth of administrative claims. In addition, Foley represented some of the largest individual creditors in the bankruptcy.
  • Represents the Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy case of Heritage Home Group, currently pending in the United States Bankruptcy Court for the District of Delaware.
  • Serves as counsel to the Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy case of Samuels Jewelers, currently pending in the United States Bankruptcy Court for the District of Delaware. As counsel to the Committee, Brittany negotiated a global settlement with the Debtor and Lenders, which established a litigation sharing mechanism that provides for potential recoveries for unsecured creditors, where such creditors otherwise anticipated little to no recovery.
  • Represented the Official Committee of Unsecured Creditors in Chapter 11 bankruptcy of Velocity Holding Company, filed in the Bankruptcy Court for the District of Delaware.
  • Represents National Heritage Foundation, a large nonprofit organization, in Chapter 11 proceedings in the Eastern District of Virginia (In re National Heritage Foundation). Brittany’s representation includes Chapter 11 post-petition claims and defending the reorganized debtor in various appeals arising out of the bankruptcy proceedings before the U.S. District Court for the Eastern District of Virginia, the Fourth Circuit Court of Appeals, and the United States Supreme Court.
  • Represents a federal court-appointed receiver for a large international bank, who was appointed by the United States District Court for the Eastern District of Virginia. The receivership arises out of approximately $34 million owed to the bank. Also represents the receiver in a multimillion-dollar national arbitration claim regarding a construction dispute arising out of the NSA’s building of the Utah Data Center.
  • From December 2013 to September 2014, served as special counsel to Ray Yancey in his capacity as the Chapter 7 Trustee for the estate of MS Grand, Inc. and in his capacity as the Chapter 11 Trustee for the estates of Min Sik Kang and Man Sun Kang. As special counsel to the Trustee, litigated against the former Examiner, his attorneys, and his financial analyst regarding the disallowance and claw-back of significant administrative fees sought by the Receiver from the two estates. Successfully negotiated a settlement that resulted in an almost 7 figure dollar amount in savings to the estates.
  • Served as counsel in representing a reorganized debtor against its insurance company for bad faith claims resulting in the bankruptcy filing. Achieved a multi-million dollar settlement, well in excess of policy limits, on the first day of trial.
  • Served as counsel in defending Texas Capital Bank in an adversary proceeding filed in the U.S. Bankruptcy Court for the Eastern District of Virginia (In re Taneja).
  • Advised unsecured and secured creditors in connection with various bankruptcy filings of airlines, including In Re US Airways Group, Inc., In re American Airlines, Inc., In re Mesa Air Group Inc., In re Ambassadors International, Inc., In re Japan Airlines Corporation, In re EOS Airlines, Inc., In re Compania Mexicana de Aviacion, S.A. de C.V., and In re Air Baltic.
  • Represented financial institution in adversary proceeding in the Eastern District of Virginia involving fraudulent transfer and preference allegations.
  • Representing a major former subprime lender in adversary proceeding against insurance company in Chapter 11 proceedings in the Central District of California.

Before joining Foley, Brittany was a litigation associate with Patton Boggs, LLC, and served as a law clerk for the United States District Court for the United States Virgin Islands.

Education

Brittany earned her law degree from Georgetown University Law Center (J.D., cum laude) where she was a senior articles and notes editor for the American Criminal Law Review. She authored an article titled "Financial Institutions, Eighteenth Annual Review of White Collar Crime," 40 AM. CRIM. L. REV 653 (2003). Brittany earned her bachelor's degree in history from Harvard University (A.B., cum laude) and was a Harvard National Scholar as well as the recipient of the Radcliffe Traveling Fellowship.

Admissions

Brittany is admitted to practice in Virginia, the District of Columbia and Utah.

Publications and Presentations

Brittany regularly speaks and presents at restructuring conferences, including the Georgetown Views from the Bench and the ABI Mid-Atlantic Conference. Her publications and presentations include:

  • “Restoring and Saving Electronic Data in Bankruptcy,” ABI Mid-Atlantic, (August 2016)
  • “Fraudulent Transfers and Ponzi Schemes,” Georgetown Views from the Bench (October 24, 2014)
  • “How To Determine Whether a Debtor’s Interest in a Decedent’s Estate is (or May Become) Part of the Debtor’s Bankruptcy Estate,” NABTalk (Fall 2014)