For more than two decades, David P. Simonds has advised bondholders, noteholders, distressed investors, debtors and acquirers of businesses and assets in both Chapter 11 cases and out-of-court restructurings.David has been involved in first-of-their-kind, complex restructurings in the United States and overseas.
His matters include cross-border transactions and cross-border insolvencies.He is a deal-oriented professional, with clients describing him as a “very pragmatic, deal-centered lawyer who focuses on results.”
- Represents official and informal creditors’ committees, secured and unsecured creditors, debtors, asset purchasers and other parties of interest in Chapter 11 cases and out-of-court restructurings.
- Certified Public Accountant, South Dakota (inactive).
- More than 25 years of experience advising on financial restructuring matters across a variety of industries.
- Experience in cross-border insolvencies and transactions
- Served as lead United States counsel to a client in connection with the protection of its rights as a noteholder of a Canadian products forest company in proceedings under the Canadian Business Corporations Act (CBCA), maximizing the client’s recovery through a contested process.
- Advised an ad hoc group of unsecured noteholders of Atlas Resource Partners, L.P. in connection with the negotiation of the company’s out-of-court exchange. The Akin Gump team guided the noteholders through a swift restructuring process, whereby the company ceded control to its creditors.
- Served as lead counsel to the owner of films and associated rights that were the subject of a complex licensing/distribution arrangement with The Weinstein Company. David led his client through the sale process, securing protections that no other creditor obtained, which preserved our client’s valuable rights and property interests.
- Led the team representing an informal group of noteholders and certain new money investors in Desarrolladora Homex S.A.B. de C.V.’s groundbreaking, highly complex insolvency proceeding (concurso mercantil) and restructuring of approximately $2 billion in funded debt and other claims. Homex was the first public homebuilder to conclude a successful restructuring under Mexico’s insolvency law since the law was substantially amended in January 2014.
- Served as lead counsel to a term lender in the restructuring of a specialty agriculture/crop handling, processing and logistics company in its out-of-court restructuring. David led the client through an additional investment and acquisition of majority ownership in the subject company.
- Member, Communications Committee and Development Committee, ACIC.
- Fellow, American College of Investment Counsel (ACIC), admitted 2012.
- J.D., New York University School of Law, 1992
- B.S., University at Albany, State University of New York, summa cum laude, 1989
- New York
Rate : $$$$