Education
- University of California, Berkeley (B.A., magna cum laude, 1994).
- University of California, Hastings College of the Law (J.D. 1997).
Bar & Court Admissions
- California, 1997.
- New York, 2002.
Clerkships
- Law clerk, John E. Ryan (Bankr. C.D. Cal. 1997-98).
Attorneys
Shirley S. Cho
Ms. Cho specializes in representing companies in financial distress; secured and unsecured creditors; bondholders; and purchasers of assets out of bankruptcy, including stalking-horse bidders, in chapter 11 proceedings as well as out-of-court negotiations. Ms. Cho has represented some of the largest companies in America in connection with their corporate restructuring efforts in industries including homebuilding, retail, manufacturing, wholesale distribution, mortgage, finance, and healthcare, and has counseled companies dealing with mass tort liabilities. She has written and lectured extensively on insolvency issues.
She is a graduate of UC Berkeley and received her J.D. from Hastings College of the Law. Ms. Cho is a member of the California and New York bars, and a resident of our Los Angeles office.
Professional Affiliations
- Board Member, Asian Pacific American Legal Center.
Publications
- "Chapter 11 Bankruptcy After BAPCPA - A Closer Look at Critical Trade, Exclusivity, and Dismissal/Conversion," 63 Consumer Finance Law Quarterly Report (Spring/Summer 2009).
- Coauthor, A Comparison Shopping Guide for 363 Sales (ABI 2009).
- Coauthor, "Clear Channel Muddies the Waters of Section 363(m) Mootness Protection," 22 Bankruptcy Strategist 1 (No. 2 Dec. 2008).
- “The Intersection of Critical Vendor Orders and Bankruptcy Code Section 503(b)(9),” 29 California Bankruptcy Journal 1 (2007).
- “The Southern District of New York Adds Its Two Cents to the Catapult Debate,” 4 ABI Technology & Telecommunications Committee Newsletter (No. 2 June 2007).
- “A Closer Look at Critical Trade; Exclusivity; and Dismissal/Conversion," published in materials for American Bar Association Annual Meeting (2006).
- "The Danger Zone: Fiduciary Duty Issues Impacting Directors and Officers in the Zone of Insolvency and Beyond," published in materials for Strategies for Distressed Companies Conference (CLE Int'l Nov. 2001).
- "What To Do When Your Payor Goes Under," published in materials for American Hospitals & Health Systems Law Institute Conference (2000).
- "Continuing Economic Reform in the People's Republic of China: Bankruptcy Legislation Leads the Way," 19 Hastings International & Comparative Law Review 739 (1996).
- Coauthor, "U.S.-Canadian Cross-Border Insolvencies -- A Survey of Recent Ancillary Proceedings," published in materials for Canadian-American Symposium on Cross-Border Insolvency Law (ABI Feb. 2005).
- Coauthor, "A Model for Canadian Cross-Border Insolvency: Core-Mark International, Inc.," 22 Bankruptcy Strategist 1 (No. 6 Apr. 2005).
- Coauthor, "The Zone of Insolvency: When Has a Company Entered Into It and, Once There, What Are the Board's Duties?" published in materials for Bankruptcy 2002: Views From the Bench (ABI 2002).
Representations
- Chapter 11 debtors: Rhodes Homes (one of Nevada's largest homebuilders); Fleming Companies (formerly the national largest wholesale food retailer); Conseco Finance Corp. (formerly the nation's largest manufactured housing finance and servicing company; Pryor Resources.
- Creditors' committees: The Walking Company; S & K Famous Brands; Fleetwood Enterprises; Daphne's Greek Cafe.
- DIP lender: New Century Financial Corporation($150 million credit facility)
- Asset purchaser for steering division of Delphi Corporation, (estimated value $700 million)