Shirley S. Cho

Ms. Cho has substantial experience advising key stakeholders in complex multinational reorganizations to restructure billions of dollars of debt for some of the largest companies in America. She has represented dozens of official committees of unsecured creditors across a variety of industries as well as stalking-horse asset purchasers acquiring assets out of chapter 11. Drawing upon her unique blend of extensive company and creditor-side representations, as well as her experience having served as an independent director of a public company, Ms. Cho provides her clients with business-focused solutions and effective, innovative legal representation, whether in chapter 11 mega proceedings or out-of-court workouts. 

Ms. Cho has served as an expert on U.S. insolvency law in foreign proceedings and regularly speaks on insolvency topics around the world. She is currently serving as co-chair of the International Bar Association Creditors’ Rights Subcommittee. An active member of the community, Ms. Cho is affiliated with several nonprofit organizations in leadership roles and has co-chaired several industry conferences. Ms. Cho has been selected for inclusion in Best Lawyers in America every year since 2016 and the Daily Journal’s Top 100 Women Lawyers in 2019. Ms. Cho is ranked among the nation’s top Bankruptcy/ Restructuring attorneys by Chambers USA, which states that "She's always available to answer any questions with very quick, creative and smart responses.”  She is admitted to practice law in both New York and California. 

Representations

• Athenex and its affiliates with estimated liabilities in excess of $200 million
• Official Committee of Unsecured Creditors of Party City with estimated liabilities in excess of $1.5 billion

• Official Committee of Unsecured Creditors of Cineworld Group Plc with estimated liabilities in excess of $5 billion

• Official Committee of Equity Security Holders of Tuesday Morning Corporation with equity interests reinstated

• Official Committee of Unsecured Creditors of Ascena Retail Group with estimated liabilities in excess of $1.6 billion
• Official Committee of Unsecured Creditors of J. Crew/Madewell with estimated liabilities in excess of $2.0 billion
• Daewoo Shipbuilding & Marine Engineering in its claim in excess of $1.2 billion in the Seadrill Limited chapter 11 cases and as co-chair of the Official Committee of Unsecured Creditors 
• Rhodes Homes and its 30 affiliates in its chapter 11 restructuring of estimated liabilities in excess of $400 million
• Prospect Medical Holdings in its acquisition of East Orange General Hospital as stalking horse bidder in a transaction valued in excess of $100 million
• Additional debtor representations: American Suzuki Motor Corporation; True Religion Jeans; Ultura Inc.; Cyberdefender; Deb Stores; Select Staffing; Revstone Industries; Sager Creek Vegetable Company; Shea Homes; William Lyon Homes; Solyndra; Verity Health Systems; out-of-court wind energy company
• Additional creditors' committee representations: A&P Tea Company; Aéropostale; AMF Bowling; Aletheia Research; Allied Industries; Anna’s Linens; Alvion Properties; Barneys New York; B&B Bachrach; Backyard Burgers; Bakers Footwear; BCBG Max Azria; Bowe Bell & Howell; Buffet Partners/ Furr’s Cafeteria Operators; Café Holdings Corporation, Charlie Brown’s; Chassix; Circuit City; Coach America; Contract Research Solutions; Craftworks; Daphne’s Greek Café; Ditech; Don Pablo; Easy Life Furniture; ERG Resources; Event Rentals; Fairway Group; Fasteel Corporation; FoodFirst Global; Frank Theatres; Fleetwood Enterprises; Fresh & Easy Neighborhood Market; Gas City; Groeb Farms; Haggen Holdings; Hollander Sleep Products; HVI Cat Canyon; ISE Corporation; Marbles LLC; Martifer Solar; National Air Cargo; Neff Corporation; Nevada Cancer Institute; New Cal-Neva Lodge; Orchard Supply Hardware; Palm Harbor Homes; Payless ShoeSource; Payless Holdings LLC; Perkins/Marie Callender’s; Premium Transportation; Quantum Leap Restaurants; Rodeo Creek Gold; S&K Famous Brands; Savient Pharmaceuticals; SD-Charlotte LLC (Sonic); ShopKo; Signal International; Sports Authority; TK Holdings (Takata); Turnberry/MGM Grand Towers; Walking Company; Wet Seal; Whiting Petroleum

Professional Affiliations

• Member, Central District of California Local Rules Advisory Committee (2017-)
• Member, Council of Korean Americans (2019-)
• Board of trustees, University of California Hastings College of the Law (2018-2019)
• Board of directors, Asian Americans Advancing Justice (2007-2019)
• Co-chair, Association of Insolvency & Restructuring Advisors Annual Bankruptcy & Restructuring Conference (2016, 2021)
• Co-chair, American Bankruptcy Institute Battleground West (2014-2016)
• Insolvency Section officer, International Bar Association
• Board of directors, International Association of Korean Lawyers - Overseas Board (formerly regional governor)

News

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), reprinted in Telescope Translation Series, 1906-2006 (China University of Political Science and Law 2018)
• 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)

Events