TOM LABUDA has extensive experience in complex domestic and cross-border bankruptcies and out-of-court restructurings. Tom has represented debtors, lenders, official creditor and equity committees, trustees, insurers, landlords and purchasers of distressed assets in all phases of reorganization. He is also an experienced litigator with first-chair trial experience in a variety of business-related matters in state and federal courts, including confirmation hearings and other contested bankruptcy and non-bankruptcy matters.
Tom’s recent representations include assisting several companies address significant mass tort and other liabilities. These companies include Yarway Corporation (asbestos), General Electric Railcar Services, LLC in the Montreal, Maine & Atlantic Railway, Ltd. cross-border bankruptcy cases (train derailment) and Boy Scouts of America (abuse claims). Tom has also represented multiple insurers in many of the Catholic archdiocese bankruptcy cases.
Tom’s other significant Chapter 11 representations include the official creditor committees in the Federal-Mogul cross-border insolvency proceedings in the United States and United Kingdom and the United Airlines bankruptcy case. Additional debtor representations include Legacy Reserves Inc. (energy), Trinity River Resources LP (oil and gas), Rodeo Creek Inc. (gold mine), Movie Gallery, Inc. (video rentals), Grossman’s, Inc. (retail hardware) and Mission Independent Practice Association Medical Group, Inc. (managed healthcare). He also recently represented a large owner and operator of luxury hotel and resort assets as the successful purchaser of certain hospitality assets in Mexico through competing and contested Chapter 11 plans.
Tom also regularly represents and advises investment banks and financial advisers in connection with their engagement, compensation and litigation matters in Chapter 11 and other distressed situations. He also regularly represents officers of Chapter 11 companies on employment, compensation, benefits and litigation matters including in the Tribune Company, General Growth Properties, Smurfit-Stone, Merisant, Fruit of the Loom and Bradlees bankruptcy cases. On the landlord side, he has represented landlords and management companies in the Kmart, Montgomery Wards, Edison Brothers Stores and other large retail bankruptcy cases. He also regularly advises and represents a number of corporate clients concerning claims issues, reclamation matters, preference actions and other bankruptcy litigation matters.
Tom is admitted to practice before the state and federal courts in Illinois and the United States District Court for the Eastern District of Michigan. He also regularly appears in the Delaware, New York and Houston bankruptcy courts. Tom is a member of the American Bankruptcy Institute and regularly speaks on panels and at conferences on a variety of bankruptcy-related topics.