Brian M. Resnick
Mr. Resnick is a partner in Davis Polk’s Restructuring Group. He has substantial experience in a broad range of corporate restructurings and bankruptcies, representing debtors, creditors, banks, hedge funds, asset acquirers and other strategic parties in connection with pre-packaged and traditional bankruptcies, out-of-court workouts, DIP and exit financings, bankruptcy litigation and Section 363 sales.
Mr. Resnick is a regular lecturer and author on bankruptcy topics (including co-authoring the book Credit-Bidding in Bankruptcy Sales), and is ranked among the leading restructuring lawyers in the nation by Chambers USA, The Deal, IFLR1000, Law360 (which in 2020 named him one of six Bankruptcy MVP’s nationwide) and The American Lawyer (which named him a 2020 Dealmaker of the Year).
Outside of his practice, Mr. Resnick is an active supporter of the arts. In 2019, he won a Tony Award as a co-producer of Hadestown on Broadway, an honor that was chronicled in the Bloomberg Law article, “Davis Polk Lawyer Goes from Pit Musician to Tony Winner” and The Deal article, "Davis Polk’s Tony Award-Winning Restructuring Partner."
- Debtor representations include Dean Foods, Bonanza Creek Energy, Arch Coal, Patriot Coal, James River Coal and Delta Air Lines.
- Ad hoc group of creditor representations include Commonwealth of Puerto Rico bondholder group, Save-a-Lot, Blackhawk Mining, Jones Energy, Midstates Petroleum, Memorial Production Partners, Legacy Reserves and Vanguard Natural Resources.
- Senior lender or agent representations (including pre-petition, DIP and exit facilities) for institutions such as JPMorgan Chase, Citibank and Credit Suisse, for cases including Windstream, Briggs & Stratton, Ditech, Catalina Marketing, Outcome Health, Foxwoods, Eastman Kodak and Delphi.
- Acquirers in Section 363 or Plan sales in Garret Motion (stalking horse bidder KPS Capital Partners), Arena Energy (purchaser San Juan Offshore) and GPX Tires (purchaser Warburg Pincus and Alliance Tire Group).
- Independent director representations include EP Energy, Synergy Pharmaceutical and MF Global.
- Counsel to the Ad Hoc Group of Bondholders of Puerto Rico’s Government Development Bank in devising the first-ever restructuring of a Puerto Rico entity under PROMESA.
- Counsel to the joint administrators and liquidators of Lehman Brothers International (Europe) and its U.K. Lehman affiliates, including in connection with tens of billions of dollars of claims against Lehman’s U.S. entities.
- Counsel to 23 financial institution counterparties to monoline insurer Syncora Guarantee Inc. in connection with a comprehensive restructuring of credit default swap and financial guarantee obligations aggregating over $160 billion.
- Counsel to the Federal Reserve Bank of New York with respect to more than $150 billion in financings for American International Group (AIG).
- Law360 – “Bankruptcy MVP of the Year,” 2020
- Chambers USA – Bankruptcy/Restructuring (New York)
- IFLR1000 – Restructuring and Insolvency (US), "Highly Regarded"
- Lawdragon – One of the 500 Leading Global Restructuring & Insolvency Lawyers
- The American Lawyer – “Dealmaker of the Year,” 2020
- The Deal – one of the Top Bankruptcy Lawyers, 2017
- Turnaround Atlas Awards:
- “Corporate Turnaround of the Year” (Arch Coal reorganization), 2017
- “Chapter 11 Restructuring Turnaround of the Year” (Verso Corporation reorganization), 2017
- “Industry Restructuring Turnaround of the Year” (Midstates Petroleum reorganization), 2017
- Annual Turnaround Awards:
- “Energy Deal of the Year (over $1 billion)” (restructuring of Midstates Petroleum Company, Inc.), 2017
- “Restructuring Deal of the Year (over $5 billion to $10 billion)” (restructuring of Arch Coal), 2017
- Turnarounds & Workouts:
- “Successful Restructurings of 2016” (Arch Coal)
- "Outstanding Restructuring Lawyer," 2016 and “Outstanding Young Restructuring Lawyer,” 2012
- Law360 – "Rising Star in Bankruptcy," 2013
- Super Lawyers
- "Outstanding Bankruptcy Lawyer"
- "Rising Star," 2013-2015
He has also been:
- Profiled in Bloomberg Law Big Law Business (“Davis Polk Lawyer Goes from Pit Musician to Tony Winner,” June 18, 2019)
- Profiled in The Deal ("Davis Polk’s Tony Award-Winning Restructuring Partner," July 5, 2019)
- Profiled in the Wall Street Journal’s Bankruptcy Beat blog (“Bankruptcy Beat Snapshot: Brian Resnick,” July 26, 2011)
- Board of Directors | Columbia Business Law Review
- Member | Committee on Bankruptcy and Corporate Reorganization, New York Bar Association
- Member | S.D.N.Y. Bankruptcy Rules Committee
- Contributing Author | Collier on Bankruptcy
- Fellow | American College of Bankruptcy
- Partner, 2011-present
- Associate, 2003-2011
Articles and Books
Management Incentive Plans Under a Microscope | ABI Journal, Vol. XXXVI, No. 12, December 2017
Fatally Foreign: Extraterritorial Recovery of Affordable Transfers and Principles of Comity in the Madoff Securities SIPA Liquidation Proceeding | Harvard Business Law Review Online, accessed March 8, 2015
Trademark Licensees May Be Able to Have Their (Cup)Cake and Eat It, Too
NJ Bankruptcy Court Extends Section 365(n) Protection to Trademark Licensees on Equitable Grounds | The Bankruptcy Strategist, Law Journal Newsletters, Vol. 32, No. 4, February 2015, American Lawyer Media