Malhar S. Pagay

Mr. Pagay is a business lawyer with substantial experience representing chapter 11 debtors, trustees, unsecured creditors, creditors' committees, and other parties in the contexts of bankruptcy cases, adversary proceedings, commercial litigation, mediations, and domestic and international business transactions. Mr. Pagay has concentrated his practice in business reorganizations, international sale of goods transactions, and also has advised clients in out-of-court restructurings of debt. He has also advised clients in the acquisition of assets from distressed companies. He serves as principal counsel to China Export & Credit Insurance Corporation (SINOSURE) in United States insolvency matters. He has lectured both in the United States and internationally regarding a variety of legal issues, including, recently, distressed investment and other transactional opportunities for Chinese companies, and the impact of insolvency proceedings on entertainment industry contracts. He was named among "Southern California Super Lawyers: Rising Stars" in 2005, 2006, and 2007. Mr. Pagay has appeared on American Airlines's in-flight radio program, "America's Best Lawyers," as well as on SkyRadioNetwork.com, discussing the impact of the new Bankruptcy Code amendments on businesses. Mr. Pagay is a graduate of Yale University and received his J.D. from USC. Mr. Pagay is admitted to practice in California, and is a resident in our Los Angeles office.

Professional Affiliations

• Vice-Chair, Beverly Hills Bar Association International Law Committee (2007-2008).
• Chair, Beverly Hills Bar Association Bankruptcy Section (2006-2007).
• Member, Executive Committee, Beverly Hills Bar Association Bankruptcy Section.
• Member, Executive Committee (Programs Chair), Los Angeles County Bar Association International Law Section (2008-).
• Member, State Bar of California Business Law Section Insolvency Law Committee (2004-2007).
• Member, American Bar Association Section of International Law & Practice, China Law Section (2005-).
• Member, American Bar Association Conference of Minority Partners in Majority Corporate Law Firms (2003 -).
• Member, The Inter-Pacific Bar Association.
• Member, Turnaround Management Association.
• Member, South Asian Bar Association of Southern California.
• Certified Commercial Arbitrator, Institute for Conflict Management LLC.

Publications

• Author, "Section 105(a) of the Bankruptcy Code," 2007 Annual Survey of Bankruptcy Law 473 (West 2007); 2006 Annual Survey of Bankruptcy Law 415 (West 2006); 2005 Annual Survey of Bankruptcy Law 689 (West 2005).
• Author, "Improving The Odds of Repayment In Bankruptcy," 51 Practical Lawyer 45 (August 2005).
• Author, "Section 105(a) of the Bankruptcy Code in 2002-2003 -- Two Years of Continued Development," 2004 Annual Survey of Bankruptcy Law 645 (West 2004).

Programs and Lectures

• Black Entertainment and Sports Lawyers Association, 27th Annual Conference: "Strategic Envisioning: The Impact of Emerging Technologies and New Alliances, Bankruptcy/Insolvency - The Effects on Entertainment Industry Contracts" (October 27, 2007).
• Association of Insolvency & Restructuring Advisors, Restructuring and Investing Conference (Shanghai, China): "China as Top Creditor - The Evolving Opportunities for Chinese Companies to Invest Abroad" (October 22, 2007).
• Inter-Pacific Bar Association 18th Annual Conference: "Dealing with a Failed International Construction Project: A Case Study" (April 30, 2008).

Representative Matters

• Asset acquirers: Fuji Photo Film USA; Homestore.com.
• Creditors: Anhui Light Industries International Company Ltd.; Artapower International Group; China Export & Credit Insurance Corporation (SINOSURE); Zhejiang Xing Yang Import & Export Company Ltd.
• Asset seller: DSL Transportation Services and subsidiaries.
• Out-of-court restructurings: Handspring, Inc.
• Chapter 11 debtors: AgriBioTech; Alert Cellular; Mike Tyson; Murray; Peregrine Systems; Sweet Factory Group.
• Creditors' committees: Adamson Apparel; Currie Technologies.