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Eric J. Monzo

Partner T: 302.888.5848 F: 302.504.3953
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Overview
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Eric J. Monzo focuses his practice primarily on issues relating to business restructuring and insolvency. He regularly represents a wide range of stakeholders including corporate debtors, commercial creditors, official and unofficial committees, trustees, lender groups, agents to syndicated lending groups, financial institutions, principal financial and private equity sponsors, officers, insurers, accountants, and financial advisors.

Eric handles matters relating to the restructuring and liquidation of companies in a broad range of industries with specialization in construction, energy, finance, food and beverage, healthcare, technology, transportation, real estate and retail. Eric is experienced in representation of clients regarding multi-jurisdictional and international insolvency proceedings and litigation.

A specific area of focus of Eric’s practice includes assisting clients regarding complex legacy liability issues in bankruptcy such as environmental, pension, union and similar types of claims.

While in law school, Eric was a member of Law Review. Upon graduation, Eric served as the law clerk for The Honorable Mary Pat Thynge, United States Magistrate Judge, United States District Court, District of Delaware. Eric earned a certification in employee benefits and estate planning through the Temple University School of Law and assists entities, such as employee and healthcare benefit plans and trustees relating to issues of executive compensation, deferred compensation, severance, and ERISA in the context of bankruptcy.

Experience

  • Representing financial institutions and lenders in transactions in acquisition financing, debtor-in-possession financing, mezzanine financing, leveraged and asset based financing
  • Counseling official committees of unsecured creditors and equity committees
  • Counseling claimants in major mass tort and business tort bankruptcies and class action litigation relating to complex issues including successor liability and coordination of resolution of mass tort claims through plans of reorganization and liquidation
  • Counseling former directors, officers and accountants of debtor relating to allegations of breaches of fiduciary duties, fraud and self-dealing
  • Advising clients in complex cross border insolvency and asset recovery issues
  • Assisting secured creditors seeking to enforce rights against debtors, including through foreclosure, liens, replevin, execution and levy

Professional Affiliations

American Bar Association, Business Law Section
American Bankruptcy Institute

Commercial Financial Association
Delaware Bankruptcy American Inn of Court
Delaware State Bar Association, Member of Bankruptcy, Environmental, eDiscovery & Technology Law Sections
Federal Bar Association
Turnaround Management Association

Community Affiliations

Vice-chair of the Ethics Commission for New Castle County charged with administering the New Castle County Code of Ethics which emphasizes guidance and training to public officials and employees regarding the ethical requirements established by New Castle County Council.

Court appointed guardian ad litem through Delaware’s Office of the Child Advocate and represents children in need.

Board of Directors of Supporting Kidds, Inc., a center for grieving children and families, located in Hockessin, Delaware.

Children's and Families First, Board of Directors, a non-profit social services agency whose branches have touched every corner of Delaware, with services that are child-centered and family-focused, forming a comprehensive continuum of quality social, educational and mental health services.

New Castle County Chair to the Combined Campaign for Justice, which helps funds many low-income Delawareans faced with critical challenges in their lives through the assistance of Community Legal Aid Society, Inc. (CLASI), Delaware Volunteer Legal Services, Inc. (DVLS) and Legal Services Corporation of Delaware, Inc.  

Recent Matters

Co-Counsel to Indenture Trustee to 8.625% Senior Notes Due 2019 in chapter 11 bankruptcies of auto part maker UCI International, LLC, et al. filed in the U.S. Bankruptcy Court for the District of Delaware (liabilities estimated between $500 mil. to $1 bil.);

Co-counsel to the Official Committee of Unsecured Creditors of specialized chemical manufacturer Vertellus Specialties Inc., et al. in chapter 11 bankruptcies pending in the U.S. Bankruptcy Court for the District of Delaware (liabilities estimated between $500 mil. to $ 1 bil.);

Lead bankruptcy counsel to The Beverly Hills Unified School District regarding its contract and environmental claims in the chapter 11 bankruptcies of Denver-based oil driller Venoco, Inc. et al. filed in the U.S. Bankruptcy Court for the District of Delaware (liabilities estimated between $500 mil. to $1 bil.);

Co-Counsel to Indenture Trustee under Certain Indenture dated as of May 16, 2012 pursuant to which 9.75% Senior Notes Due 2020 were issued, in chapter 11 bankruptcies of oil and gas explorer and producer Magnum Hunter Resources Corp., et al. filed in the U.S. Bankruptcy Court for the District of Delaware (liabilities estimated between $1 bil. to $10 bil.);

Co-counsel to the Official Committee of Unsecured Creditors of Axion International, Inc., et al, in chapter 11 bankruptcies filed in the U.S. Bankruptcy Court for the District of Delaware (liabilities estimated between $10 mil. to $50 mil.);

Lead counsel to Morris | Schneider | Wittstadt Va., PLLC, et al., debtors in chapter 11 bankruptcies pending in the U.S. Bankruptcy Court for the Eastern District of Virginia, Richmond Division (liabilities estimated between $10 mil. to $50 mil.);

Co-counsel to the Official Committee of Unsecured Creditors of AmCad Holdings, LLC et al. in chapter 11 bankruptcies pending in the U.S. Bankruptcy Court for the District of Delaware (liabilities estimated between $10 mil. to $50 mil.); 

Co-counsel to Official Committee of Unsecured Creditors in Chapter 11 cases of specialized health care provider Restora Healthcare Holdings, LLC, et al.; and

Co-counsel to the Official Committee of Unsecured Creditors of Global Aviation Holdings, Inc. et al. in chapter 11 bankruptcies filed in the U.S. Bankruptcy Court for the District of Delaware (Delaware counsel) (liabilities estimated between $500,000 mil. to $ 1 bil.)

Lead counsel to Official Committee of Unsecured Creditors in Chapter 11 case of Suntricity Power Corporation.

Co-counsel to Official Committee of Unsecured Creditors in Chapter 11 cases of TLC Vision (USA) Corp., et al.

Represented Holders or Lenders of certain obligations in Chapter 11 cases of ProtoStar LTD, et al.

Represented Secured Lender in Chapter 11 cases of Jevic Transportation, Inc., et al.

Avoidance Action Defense
Steven D. Sass, as Plan Trustee of the American Home Mortgage Plan Trust v. Vector Consulting, Inc., 476 B.R. 124 (Bankr. D.Del. 2012)
Lead trial counsel for defendant that obtained a full defense judgment relating to allegations of avoidance of pre-petition transfers alleged to be preferential under the Section 547 of Bankruptcy Code. 

Eric’s preeminent legal ability has been recognized by his clients through martindale.com as a “true professional … who was fully prepared and … an expert in our area of need.”  

Practice areas

Honors

Delaware Super Lawyers®, Bankruptcy: Business Rising Star, 2013-2016

Clerkships

Law Clerk for The Honorable Mary Pat Thynge, United States Magistrate Judge, United States District Court, District of Delaware

Admissions

Delaware, 2008

Maryland, 2007

New Jersey, 2002

Pennsylvania, 2002

United States District Court, District of Delaware

United States District Court, Eastern District of Pennsylvania

United States District Court, Western District of Pennsylvania

United States District Court, District of New Jersey

Education

Widener University School of Law, J.D., with honors, 2002

Washington & Jefferson College,
B.A., Business Administration, with a concentration in finance, 1999
B.A., Psychology, 1999