|
Mr. Gustafson is a shareholder in the Firm’s Bankruptcy Group. He represents businesses in all manner of bankruptcy and litigation matters. His experience includes foreclosures and workouts, bankruptcy litigation, creditors’ rights, and Chapter 11 debtor representation.He has handled hundreds of business litigation, commercial collection, foreclosure and workout matters on behalf of commercial creditors and financial institutions seeking to collect upon or restructure financing and collateral arrangements, terms of sale or supply, and in extensions of existing or additional credit facilities. He has represented national and regional banks, insurance and surety companies and technology service providers. His bankruptcy litigation experience includes matters surrounding nondischargeability, objections to discharge, personal liability for corporate debt, lien validity and priority, conveyance liability, and challenges to claims. He has done motion, trial and appellate work on behalf of creditors, debtors, creditors committees, officers and directors, and equity holders.In the practice of creditors’ rights and business litigation, Mr. Gustafson has represented commercial creditors, vendors, financial institutions and sureties in pursuit of the recovery of debts owed, contractual rights, and subrogation recoveries. His business litigation experience also encompasses technology and licensing, commercial agreement and business tort matters. He has served as national or panel litigation counsel to commercial entities and insurance companies and sureties.In the Chapter 11 arena, he has represented debtors, creditors committees, individual claimants, officers and directors, and parties seeking to acquire estate assets through bankruptcy sales. Mr. Gustafson has particular expertise in technology and telecommunications matters as well as in the travel and airline industries. Mr. Gustafson also represents businesses as outside general counsel and business advisor. In this capacity, his experience has included the formation and development of corporations, limited liability entities and partnerships, commercial contracting and vendor relationships, technology commercialization and licensing, and in handling non-litigation matters such as general governance, contract and employment issues. Legal Experience LeClairRyan, Alexandria, Virginia, 2001 - present Bean, Kinney & Korman, P.C., Arlington, Virginia, 1996-2001 Ludwig, Pohlman & Gustafson, PLLC, Washington, D.C., 1995-1996 Foley, Hoag & Eliot, Washington, D.C., 1991-1995Education Georgetown University Law Center, J.D., 1991 College of William and Mary, B.A., History and Government, 1988 Extended InformationRepresentative MattersRepresentation of commercial creditors and financial institutions in seeking to restructure financing and collateral arrangements, terms of sale or supply, and in extensions of existing or additional credit facilities. This experience has included the representation of national and regional banks, insurance and surety companies, and technology service providers.Representation of technology companies in addressing their credit and cash flow needs, including discussions with lenders, venture partners and investors in creating, maintaining and analyzing their strategies for borrowing.Representation of creditors and defendants in bankruptcy litigation matters, particularly with respect to issues surrounding the non-dischargeability of particular debts, objections to a debtor’s discharge in bankruptcy, and potential personal liability for corporate debt. In addition, the representation of creditors, committees and debtors with respect to issues involving claims, including lien priorities and validity, as well as claims related to preferences and fraudulent or voluntary conveyances. This experience includes pleading, motion, trial and appellate work on behalf of creditors, debtors, creditors committees, officers and directors, and equity holders.Counsel for technology and information management company in successful prosecution of claims, including appeals, from the determination of the United States Bankruptcy finding individual debtors nondischargeably liable to a creditor of their corporation’s debts.Representation of commercial creditors, vendors, financial institutions, and sureties in pursuit of the recovery of debt owed, contractual rights, or subrogation recoveries. Mr. Gustafson has served as national or panel litigation counsel to commercial entities, insurance companies and sureties, and have assisted in the creation, development and maintenance of complex systems for the handling of high volume litigation and bankruptcy caseload. As part of this representation, he has created and maintained an extensive network of local counsel throughout the United States to assist with the handling of national matters from a central location, and currently is a member of the Board of Directors of the USLAW Network.In the Chapter 11 arena, the representation of commercial debtors, creditors committees, individual claimants, officers and directors, and potential acquiring parties. Mr. Gustafson has particular expertise and experience in technology and telecommunications matters, having worked on such cases as Ceyoniq (debtor), Network Storage Solutions (creditors committee), Aleron (acquiring party), DataVon (acquiring party), Starnet (acquiring party and vendor), FAO Schwarz (technology vendor), TalkingNets (acquiring party), and Servint (acquiring party).Representation of creditors and other parties in relation to Chapter 11 cases involving the travel and airline industry, including Delta Airlines (vendor), USAirways I & II (vendor, claimants), Northwest Airlines (vendor), ATA (vendor), Air Alaska (vendor), Varig (vendor), Midway (vendor), Commodore Cruise Lines (vendor and travel insurer), Premier Cruise Lines (vendor and travel insurer), Renaissance Cruise Lines (vendor and travel insurer), America Classics (travel insurer), and hundreds of individual travel agent cases representing a service provider and vendor.Represented financial institutions with respect to the creation of or collection of commercial credit facilities in Virginia and the District of Columbia. Primarily, these have been matters involving small businesses, technology companies and government contractors with facilities ranging from $1 million to $35 million.Published WorkSection 366: Addressing Issues Involving Utilities and DebtorsBankruptcy Law News, Bankruptcy Law Section of the Virginia State Bar, Spring 2004, co-authorFacing the Consequences: Personal Liability of Corporate OfficersFor the Defense, Defense Research Institute, June 2002Classes and Seminars TaughtLecturer and Co-Editor: "No Good Deeds Go Unpunished: Bankruptcy Issues in Real Estate," CLE Presentation, Virginia CLE's 22nd Annual Real Estate Practice Seminar, 2004Professional MembershipsArlington County Bar Association: Past PresidentUSLAW Network: Member, Board of DirectorsNorthern Virginia Chapter of the Federal Bar AssociationNorthern Virginia Bankruptcy Bar AssociationAmerican Bankruptcy InstituteFraternity/Sorority MembershipsFHC SocietySigma Alpha EpsilonAdmissions Virginia District of ColumbiaUnited States District Court for the District of Columbia United States District Court for the Eastern District of VirginiaUnited States Bankruptcy Court for the District of Columbia United States Bankruptcy Court for the Eastern District of VirginiaUnited States Bankruptcy Court for the Western District of VirginiaUnited States Court of Appeals for the Fourth CircuitUnited States Court of Appeals for the D.C. Circuit United States Supreme CourtPlace of BirthWashington, D.C. |
