01/18/2018
Matthew P. Austria
Matt focuses his law practice in the area of commercial bankruptcy. He has extensive experience representing foreign and domestic companies, individual creditors, and other interested parties in commercial bankruptcy cases and related adversary proceeding litigation. He has defended hundreds of parties, from very small, privately owned businesses to Fortune 500 Companies, in preference adversary proceedings before the United States Bankruptcy Court for the District of Delaware with amounts in controversy ranging from less than $15,000 to in excess of $20 million.
Matt regularly represents secured and unsecured creditors including, but not limited to, trade vendors, manufacturers, food companies, apparel companies, landlords and tenants, contractors and subcontractors, advertising companies, banks, municipalities, insurers, steel companies, healthcare companies, consulting firms, sales agents, condominium and owners associations, utility companies, professional athletes, small businesses and other interested parties in chapter 11 and 7 bankruptcy cases. In 2015, he served as Delaware counsel to one of the U.S.'s largest privately owned companies in the $307 million asset purchase of a bankrupt printing and marketing company.
Matt serves as lead and/or Delaware counsel, assisting clients on various bankruptcy matters including, but not limited to:
Pre-litigation resolution of preference demands
Preference and fraudulent conveyance adversary proceeding litigation
Representation at mediation in preference adversary proceedings
Enforcement of creditors' rights throughout chapter 11 and 7 bankruptcy proceedings
Proof of claim preparation and submission
Lease/executory contract assumption, assignment and rejection Issues
Critical vendor/trade vendor agreements
Motions for allowance of administrative expense claims, including section 503(b)(9) claims
Reponses to debtors'/trustees' omnibus objections to creditors' claims
Claim/lien preservation
Motions for allowance of late filed claims
Objections to plan confirmation
Representative Matters
In re Linens Holding Co.
Lead counsel to mattress components manufacturer in preference action with over $4 million in controversy
In re Visteon Corporation
Lead counsel to Japanese auto parts manufacturer in preference action with over $1 million in controversy
In re Quantum Foods LLC
Delaware counsel to Tyson Foods, Inc. in preference action with initial amounts of over $20 million in controversy
In re New Page Corporation
Delaware counsel to global chemical materials solutions provider in multimillion dollar preference adversary proceeding
In re Goody's LLC
Lead counsel to Skechers U.S.A., Inc. in preference adversary proceeding
In re BlueScout Technologies, Inc.
Lead counsel to Canadian law firm in preference adversary proceeding
In re Saab Cars North America, Inc.
Lead counsel to global advertising agency network in preference adversary proceeding
In re Trump Entertainment Resorts, Inc.
Lead counsel to promoter and live musical act in preference adversary proceedings
In re Powerwave Technology, Inc.
Lead counsel to Carlson Wagonlit Travel in preference adversary proceeding
In re Smurfit-Stone Container Corporation
Lead counsel to creditor John Deere Credit Inc.
In re RS Legacy Corporation (RadioShack)
Counsel to multiple landlords with respect to lease assumption/rejection issues
In re Sports Collectibles Acquisition Corporation dba BC Sports Collectibles
Lead counsel to MLB Player on contract assumption/rejection issue
In W.J. Bradley Mortgage Capital, LLC
Delaware counsel to interested party Texas Capital Bank, N.A.
In re Outer Harbor Terminal, LLC
Delaware counsel to creditor Port of Oakland
Admissions
Delaware
Pennsylvania
United States Bankruptcy Court for the District of Delaware
United States District Court for the District of Delaware
United States District Court for the Eastern District of Pennsylvania
Education
University of Pittsburgh, B.S., magna cm laude, 1997 Villanova University School of Law, J.D., 2001
