Eric J. Monzo focuses his practice on issues relating to business restructuring and insolvency. He regularly represents a wide range of stakeholders with a focus on corporate debtors and their independent and special committee management, in addition to, commercial creditors, official and unofficial committees, indenture trustees, and lender groups.
Eric handles matters relating to the restructuring and liquidation of companies in a broad range of industries with experience in construction, energy, finance, food and beverage, healthcare, technology, transportation, real estate and retail. While many of the matters pertain to matters pending in courts located in Delaware and involve issues of Delaware law, many of these matters relate to multi-jurisdictional and international insolvency proceedings and litigation outside of Delaware.
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. Eric earned a certification in employee benefits through the Temple University School of Law and assists clients relating to issues of executive compensation, deferred compensation, severance, and ERISA in the context of bankruptcy.
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.
- Counseling current and former directors, officers and advisors of debtors relating to fiduciary duties
- Representing financial institutions and lenders in transactions in acquisition financing, debtor-in-possession financing, mezzanine financing, leveraged and asset based financing
- Assisting secured creditors seeking to enforce rights against debtors, including through foreclosure, liens, replevin, execution and levy
- 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
- Advising prospective purchasers in 363 asset sales, including stalking horse purchasers in complex sale transactions and auctions
- Advising clients in complex cross border insolvency and asset recovery issues
American Bar Association, Business Law Section, Business Bankruptcy Committee - Vice Chair, Trust Indenture Subcommittee
American Bankruptcy Institute, Unsecured Trade Creditors’ Committee, Communications Manager
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
Delaware counsel to Debtor-in-Possession Term Loan Administrative Agent in connection with Chapter 11 bankruptcy cases of Nuverra Environmental Solutions, Inc. and affiliated debtors 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 to 12.00% Senior Unsecured Notes Due 2016 in chapter 11 bankruptcies of Optima Specialty Steel, Inc. et al. filed in the U.S. Bankruptcy Court for the District of Delaware (liabilities estimated between $100 mil. and $500 mil.);
Lead counsel to independent directors and managers of certain chapter 11 debtors in regard to the John Q. Hammons hotel development companies administered under John Q. Hammons Fall 2006, LLC, et al., U.S. Bankruptcy Court for the District of Kansas (liabilities estimated between $100 mil. to $500 mil.);
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.);
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 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 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 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.);
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.;
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.); and
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.
Articles & Publications
- November 2017Turnaround Management Association
- August 17, 2017American Bankruptcy Institute
- July 2016ABA Business Bankruptcy Committee Newsletter
- October 13, 2015American Bankruptcy Institute
- March 26, 2015Delaware Business Court Insider
Latest Blog Posts
- Transfer by a Non-Debtor is not a Fraudulent Transfer under DUFTA Brenna A. Dolphin, Eric J. Monzo
- Planning Is Key to Treatment of Charities’ Endowment Funds in Bankruptcy Eric J. Monzo, Brenna A. Dolphin
- Third Circuit Dismisses Appeal of Unsuccessful Bidder as Moot for Failure to Seek Stay Pending Appeal of Sale Order
- Bankruptcy Judge Mary Walrath Receives Judge William Norton, Jr. Judicial Excellence Award
- Third Circuit Adopts Probable Standard for WARN Liability
- Delaware Bankruptcy Court Clarifies “Received” for 503(b)(9) Claims Brenna A. Dolphin, Eric J. Monzo
- Trustee's Claims for Breach of Fiduciary Duty Survive Judgment on the Pleadings and Not Eliminated Because Governing Exculpation Provisions did not Eliminate Causes of Action
- Bankruptcy Court Issues Decision Highlighting Subjective Prong of Ordinary Course of Business Defense Brenna A. Dolphin, Eric J. Monzo
- View More
Delaware Business Bankruptcy Report
News & Events
News & Events
- November 1, 2017
- October 12, 2017
- February 20, 2017
- October 24, 2016
- June 1, 2016
- May 13, 2016Delaware Super Lawyers
- May 15, 2015
- July 24, 2014
- January 23, 2014Delaware Super Lawyers®
- January 2, 2014
- January 9, 2013Delaware Super Lawyers®
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.
Children 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. Previously, Eric was the President of the Board of Directors of Supporting Kidds, Inc., which is now a program of Children and Families First.
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.
Court appointed guardian ad litem and/or counsel to children in family court proceedings through Delaware’s Office of the Child Advocate.
Kathryn R. Heidt Memorial Award, ABA Section of Business Law Business Bankruptcy Committee, 2017
Delaware Today®, Top Lawyers, 2016 - 2017
Delaware Super Lawyers®, Bankruptcy: Business Rising Star, 2013-2016
Law Clerk for The Honorable Mary Pat Thynge, United States Magistrate Judge, United States District Court, District of Delaware
New Jersey, 2002
U.S. District Court, District of Delaware
U.S. Bankruptcy Court, District of Delaware
U.S. District Court, Eastern District of Pennsylvania
U.S. District Court, Western District of Pennsylvania
U.S. District Court, District of New Jersey
U.S. District Court, District of Maryland
Widener University Delaware Law School, J.D., with honors, 2002
Washington & Jefferson College,
B.A., Business Administration, with a concentration in finance, 1999
B.A., Psychology, 1999