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Timothy Graulich
Partner

Mr. Graulich is a partner in Davis Polk’s Insolvency and Restructuring Group. He has substantial experience in a broad range of domestic and international restructurings, including the representation of public and private companies, agent banks and lenders, acquirers and hedge funds in connection with pre-packaged and traditional bankruptcies, out-of-court workouts, DIP and exit financings, bankruptcy litigation and Section 363 sales.

Work Highlights

Mr. Graulich was counsel to:

  • The indenture trustee working at the instruction of Majority Lenders in connection with the exercise of remedies against the Schahin Group
  • Tonon Bioenergia S.A. and its subsidiaries in connection with judicial recovery proceedings in Brazil
  • Comcast in connection with the involuntary bankruptcy of Houston Regional Sports Network, L.P.
  • The joint administrators of Lehman Brothers International (Europe) in connection with more than $10 billion of claims against Lehman Brothers Inc. in the largest SIPC case in history
  • The Foreign Representative of Elpida Memory, Inc. in connection with its Chapter 15 case
  • Citibank in connection with the litigation of the assumption of AAdvantage Program agreements
  • Cantor Fitzgerald Securities as prepetition and DIP agent to Sbarro Inc.
  • The co-lender in connection with the out-of-court restructuring of $2.2 billion of debt issued by Highland Hospitality
  • Morgan Stanley in connection with the out-of-court restructuring of MS Resorts
  • A leading financial institution in connection with various exposures to CIT Group, including as agent with respect to a $500 million exit letter of credit facility
  • The agent in connection with the out-of-court restructurings of Georgia Gulf and Fountainebleu Miami
  • Citibank, as agent, in Lyondell, including advising with regard to the largest private DIP financing ($8.5 billion) in U.S. history
  • Silver Point Capital in connection with the backstop of a $355 million equity rights offering to finance Cooper-Standard Automotive’s emergence from Chapter 11
  • Wachovia, as agent, for DIP loan to WCI Communities
  • Credit Suisse, as agent, in Owens Corning, including advising with regard to substantive consolidation, the successful resolution of which resulted in a lender recovery of over 165% of par
  • Star Tribune in its Chapter 11 case
  • Delta Air Lines in connection with litigation with Mesa Air Group
  • Delta Air Lines in one of the largest and most successful Chapter 11 restructurings in U.S. history
  • Frontier Airlines in its Chapter 11 case
  • Counsel to, among others, Adelphia Business Solutions, Acterna Corporation, Sunbeam Corporation and St. Vincent’s Medical Center in their respective Chapter 11 cases
  • Has represented senior credit facility administrative agents in a number of other high-profile restructurings
  • Has represented asset purchasers and sellers in connection with in-court and out-of-court asset sales
  • Has worked on a number of general financing matters, representing borrowers, agent banks and creditors

Recognition

Mr. Graulich is recognized as a leading insolvency and restructuring lawyer in various industry publications:

  • Chambers USA – Leading Lawyer, Bankruptcy/Restructuring: New York, 2014
  • Turnarounds & Workouts – "Outstanding Restructuring Lawyer," 2013
  • New York Super Lawyers – Leading Lawyer, 2012-2015

His work as bankruptcy counsel for Elpida Memory, Inc. was ranked as:

  • "Global Finance Deal of the Year," 2014 – American Lawyer Global Legal Awards
  • "Highly Commended" – Financial Times "U.S. Innovative Lawyers 2013" special report 

Of Note

  • Contributing author, Collier Bankruptcy Practice Guide 
  • Contributing author, The International Insolvency Review
  • Author of numerous articles, including "Substantive Consolidation – A Post-Modern Trend," 14 Am. Bankr Inst. L. Rev. 1 (2006)
  • INSOL Fellow Class, 2014-2015
  • Co-Chair, ABI NYC Conference
  • Vice Chair, IBA Insolvency Section’s Financial Institutions Insolvency Subcommittee

Professional History

  • Partner, 2009-present
  • Counsel, Davis Polk, 2006-2009
  • Associate, Weil, Gotshal & Manges, 2001-2006

Contact

  • 450 Lexington Avenue
    New York, NY 10017
    P: 212-450-4639
    F: 212-701-5639

Bar Admissions

  • State of New York
  • State of New Jersey
  • U.S. Supreme Court
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. District Court, New Jersey
  • U.S. District Court, E.D. New York
  • U.S. District Court, S.D. New York
  • U.S. District Court, W.D. New York

Education

  • B.A., Philosophy and Political Science, St. John's University, 1991
    • summa cum laude
    • Valedictorian
  • J.D., St. John's University School of Law, 1994
    • St. Thomas More Scholar
    • Member, American Bankruptcy Institute Law Review
  • LL.M., Bankruptcy, St. John's University School of Law, 2006