Jeffrey Rhodes | Partner Bankruptcy & Restructuring

1825 Eye Street NW Washington, D.C. 20006 +1.202.420.3150 [email protected]

Jeffrey Rhodes focuses his practice on bankruptcy, creditors’ rights, and commercial litigation, representing a diverse clientele that includes creditors, creditors’ committees, trustees, creditors’ trusts, debtors, and bankruptcy asset purchasers. His practice includes out-of-court workouts and restructurings, as well as bankruptcies, insolvency proceedings, and complex commercial litigation matters in federal and state courts throughout the .

Jeffrey has represented clients in numerous bankruptcy cases and litigation proceedings involving a wide range of businesses and industries, including financial services, and distribution, telecommunications, intellectual property, energy, private equity, environmental/recycling, government contracting, construction, and commercial real estate. He has represented clients as lead trial counsel in connection with various bankruptcy litigation matters, including claims allowance, preference, fraudulent transfer, and other avoidance action litigation.

In addition to handling bankruptcy and litigation matters, Jeffrey also counsels clients in the areas of creditors’ rights, insolvency and litigation risk avoidance in connection with the negotiation of loan, real estate, asset purchase, and other commercial transactions, including the issuance of non-substantive consolidation and true sale opinions.

After graduating from law school, Jeffrey served as law clerk to the Honorable Duncan W. Keir, U.S. Bankruptcy Judge for the District of Maryland.

Select Engagements

A pension fund—the chair of the creditors’ committee and holder of the

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largest claim in the case—in all aspects of chapter 11 case as lead counsel, which included a contested confirmation hearing and successful appeals to the district court and US Court of Appeals for the Sixth Circuit. A national, privately held commercial real estate investment company and numerous affiliated landlords, in bankruptcy cases across the United States, including the bankruptcies of The Sports Authority, Hostess, Borders, Circuit City, Fleming, , KB Toys, Smurfit Stone, and Kaiser Aluminum. Defense of a former officer and board member of certain operating subsidiaries of Enron Corp. in connection with preference and fraudulent transfer claims asserted by the official committee of unsecured creditors to recover a seven-figure severance payment. The second-largest radio broadcasting company in the United States as trial counsel, in litigation involving a disputed section 363 sale of two radio stations and claims for breach of contract, fraud and tortious interference, in a case tried before the United States Bankruptcy Court for the Eastern District of Virginia. A major telecommunication company, in connection with claims and certain real property interests in the bankruptcy case of Bangor & Aroostook Railroad Company before the United States Bankruptcy Court for the District of Maine. A special servicer, in connection with a loan secured by a hotel and other collateral in a bankruptcy case and related adversary proceeding in the United States Bankruptcy Court for the Northern District of Texas. An investor, in connection with the purchase of debt secured by a Washington, DC mansion and the subsequent confirmation of a creditor-filed Chapter 11 plan of liquidation in a bankruptcy case in the United States Bankruptcy Court for the Eastern District of Virginia. The official liquidator of BVI entity, in ancillary bankruptcy proceedings in the U.S. Bankruptcy Court for the District of Columbia. Current focus is on recovery of high-end real property in Madrid and upon prosecution of fraudulent conveyance claims involving debt and equity interests in publicly and privately held companies. The GUC Trust (created pursuant to the Chapter 11 plan confirmed in the Motors Liquidation Company f/k/s General Motors Corp. bankruptcy case), in litigation against a number of hedge funds, seeking equitable subordination, disallowance of claims and other relief. Direct Entertainment Media Group, Inc. (DEMG) as co-counsel in jointly administered Chapter 11 cases filed by RDA Holding Co., The Reader’s Digest Association, Inc., DEMG, and other affiliated debtors and debtors in possession. A music and video entertainment company in connection with the acquisition of certain assets through a Uniform Commercial Code Article 9 strict foreclosure proceeding. A plaintiff business development company as trial counsel, in litigation against a private equity company and numerous affiliates, asserting breach of contract, fraudulent conveyance, breach of fiduciary duty and other claims, in a case tried before the Delaware Chancery Court. A leading information technology company, in litigation involving disputed

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royalty payments under patent cross-license agreements. A former CEO of a designer, importer, and distributor of children’s consumer products in a class action alleging securities violations under the Securities Exchange Act of 1934.

Admissions

Supreme Court of the United States United States Court of Appeals for the Third Circuit U.S. District Court - District of Columbia Maryland U.S. Bankruptcy Court - District of Columbia U.S. Bankruptcy Court - Maryland U.S. District Court - District of Columbia U.S. District Court - Maryland United States Court of Appeals for the District of Columbia Circuit United States Court of Appeals for the Eighth Circuit United States Court of Appeals for the Fifth Circuit United States Court of Appeals for the Fourth Circuit United States Court of Appeals for the Second Circuit United States Court of Appeals for the Sixth Circuit

Memberships

American Bar Association American Bankruptcy Institute Bankruptcy Bar Association for the District of Maryland Maryland State Bar Association

Education

American University, BA American University, Washington College of Law, JD, cum laude

Recognitions

2015–?2017, listed in Capital Pro Bono Honor Roll

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