Counsel
Monique J. Mulcare
Restructuring, Financial Asset Sales, Environmental, Social & Governance (ESG)
Overview
Monique Mulcare’s practice focuses on restructuring, insolvency and bankruptcy litigation matters. In facilitating the recovery of distressed assets, Monique has represented senior secured creditors and strategic investors in major cases in a variety of industries in both US and international jurisdictions. Monique has extensive experience in workouts and restructurings (including, the sale and purchase of distressed assets). Monique also advises a range of parties on netting-related safe harbor and bankruptcy-related intellectual property issues.
Experience
- Advising one of the primary bank creditors in their negotiations with Pacific Andes/China Fishery to recover on their loans.
- Represented major U.S. based international bank in its sale of its claims against the debtors in In re: Grupo Aeroméxico, S.A.B. de C.V. and In re LATAM Airlines Group S.A., et al.
- Advising major Canadian international bank by successfully negotiating the inclusion of protective bankruptcy and other failsafe provisions, including the depositing of source code, within its administrative services agreement.
- Represented major Brazilian bank in its sale of claims against a debtor in In re LATAM Airlines Group S.A., et al.
- Represented major French international bank in its sale of claims against a debtor in In re Windstream Holdings, Inc., et al.
- Represented major international financial institution, as facility agent, security agent and lender, in the multi-jurisdictional insolvency cases of Avianca Holdings S.A. and certain of its subsidiaries and affiliates, a multi-LATAM company and one of the world’s oldest airlines. This restructuring was awarded “Cross Border Turnaround of the Year” at Global M&A Network’s 2022 Annual Turnaround Atlas Awards.
- Represented jewelry vendor in recovery of prepetition amounts as critical vendor in bankruptcy of Neiman Marcus Group LTD LLC
- Represented The Commercial Bank of Dubai (CBD) in connection with the restructuring of McDermott International, Inc., a provider of engineering and construction for the energy industry. Successfully negotiated the inclusion of protective provisions within McDermott’s confirmed plan of reorganization ensuring that the procurement guarantees that CDB had provided for projects undertaken in the Middle East and North Africa by McDermott’s affiliate would not be impaired. McDermott International’s restructuring was awarded “Restructuring Deal of the Year” at the 2021 IFLR Americas Awards.
Education
- New York University School of Law, JD
Articles Editor, Annual Survey of American Law
- Hunter College, City University of New York, BA, magna cum laude
Admissions
- New York
- Connecticut
Courts
- US District Court for the Southern District of New York
- US District Court for the Eastern District of New York
- US Court of Appeals for the Second Circuit
- US Supreme Court
Professional & Community Involvement
- Arbitrator, Small Claims Part, Civil Court of the City of New York
- Associate Editor, American Bankruptcy Institute Journal
- Honorary Director, NYU School of Law Alumni Association
- Member, Legal Advisory and Trade Practices and Forms Committee, Loan Syndications and Trading Association