Monique Mulcare’s practice focuses on restructuring, insolvency and bankruptcy litigation matters. In facilitating the recovery of distressed assets, Monique has represented senior secured creditors and strategic investors in major cases in a variety of industries in both US and international jurisdictions. Monique has extensive experience in workouts and restructurings (including, the sale and purchase of distressed assets). Monique also advises a range of parties on netting-related safe harbor and bankruptcy-related intellectual property issues.
- Advising one of the primary bank creditors in their negotiations with Pacific Andes/China Fishery to recover on their loans.
- Represented major U.S. based international bank in its sale of its claims against the debtors in In re: Grupo Aeroméxico, S.A.B. de C.V. and In re LATAM Airlines Group S.A., et al.
- Advising major Canadian international bank by successfully negotiating the inclusion of protective bankruptcy and other failsafe provisions, including the depositing of source code, within its administrative services agreement.
- Represented major Brazilian bank in its sale of claims against a debtor in In re LATAM Airlines Group S.A., et al.
- Represented major French international bank in its sale of claims against a debtor in In re Windstream Holdings, Inc., et al.
- Represented major international financial institution, as facility agent, security agent and lender, in the multi-jurisdictional insolvency cases of Avianca Holdings S.A. and certain of its subsidiaries and affiliates, a multi-LATAM company and one of the world’s oldest airlines. This restructuring was awarded “Cross Border Turnaround of the Year” at Global M&A Network’s 2022 Annual Turnaround Atlas Awards.
- Represented jewelry vendor in recovery of prepetition amounts as critical vendor in bankruptcy of Neiman Marcus Group LTD LLC
- Represented The Commercial Bank of Dubai (CBD) in connection with the restructuring of McDermott International, Inc., a provider of engineering and construction for the energy industry. Successfully negotiated the inclusion of protective provisions within McDermott’s confirmed plan of reorganization ensuring that the procurement guarantees that CDB had provided for projects undertaken in the Middle East and North Africa by McDermott’s affiliate would not be impaired. McDermott International’s restructuring was awarded “Restructuring Deal of the Year” at the 2021 IFLR Americas Awards.
- Representing strategic investors in the assertion and recovery of claims against the Puerto Rico Electric Power Authority (“PREPA”).
- Represented international bank in its recovery of in excess of $286 Million of PG&E Corporation and Pacific Gas and Electric Company debt.
- Represented major international financial institution, an administrative agent, in connection with a complex cross-border ABL facility to the UK Borrowers, Bristow Norway AS and Bristow Helicopters Limited, a British helicopter operator and its Norwegian subsidiary, successfully preserving a parent guaranty through a confirmed plan of reorganization of Bristow Group, Inc. in a complex chapter 11 case.
- Represented a South American Financial Development Corporation in connection with its participation in a $183 million project financing to fund the modernization of the General Terminal at the Port of San Martín de Pisco.
- Represented international banks in $162 Million sale of their respective interests in a Las Vegas property.
- Represented an international bank that, along with a syndicate of international investors, acquired a loan portfolio from DUTB, a Lithuanian bank. This was the largest foreign-led transaction to occur in Lithuania to date.
- Represented Joint and Several Liquidators of Lehman Brothers Asia Holdings Limited debtor in the auction and recovery of assets in the largest bankruptcy to date.
- Represented international bank in the sale of $400 Million of Lehman Brothers based claims.
- Represented Fortune 500 franchisor in the termination of franchise relationship, successfully arguing for compliance with franchise agreement terms by appointed trustee and for conversion of chapter 11 to chapter 7 resulting in recovery of franchisor’s intellectual and proprietary property.
- Represented international bank in the successful recovery of lost overdraft funds and blocked use of bank’s cash collateral.
- Represented international bank in the successful recovery of €241 Million in the Lehman Brothers bankruptcy upon reaching an agreement to have the transfer recognized as an “ordinary course transfer.”
- Represented international investment bank, lender to a collection agency, in connection with the recovery, liquidation and ultimate sale of $3 Billion of Charged-Off Consumer Receivables.
- Represented international bank in connection with the liquidation of W.B. David, a diamond and jewelry wholesaler, and executed successful auction of the bank’s secured assets.
- Represented international bank in recovering 90% of its pre-petition loan to Enesco, a global leader in the gift and home/garden decor market.
New York University School of Law, JD
Articles Editor, Annual Survey of American Law
Hunter College, City University of New York, BA, magna cum laude
- New York
- US District Court for the Southern District of New York
- US District Court for the Eastern District of New York
- US Court of Appeals for the Second Circuit
- US Supreme Court
- Arbitrator, Small Claims Part, Civil Court of the City of New York
- Associate Editor, American Bankruptcy Institute Journal
- Honorary Director, NYU School of Law Alumni Association
- Member, Legal Advisory and Trade Practices and Forms Committee, Loan Syndications and Trading Association