• Thomas Moers Mayer, senior partner in the Bankruptcy and Restructuring department, has played a prominent role in many of the largest and most complex bankruptcy cases in history. Tom’s work involves both in- and out-of-court restructurings of distressed businesses on behalf of creditor committees, major secured and unsecured creditors, and bondholders. He has represented the official committees of unsecured creditors in some of the most well-known Chapter 11 cases, including those of General Motors, Chrysler, Capmark, Smurfit-Stone, Dana Corp., Seadrill Ltd., Arch Coal, Patriot Coal and Brazos Electric.

    From July 2014 through January 2023, Tom was the senior partner on the Kramer Levin team led by department co-chair Amy Caton in representing holders of more than $10 billion of Puerto Rico bonds in that island’s insolvency proceedings.  During that time, the team secured one victory in the U.S. Supreme Court (invalidating Puerto Rico’s own bankruptcy law), one in the First Circuit (preserving bondholder rights to seek a receiver during a municipal bankruptcy) and defeated Puerto Rico’s motion to prime bondholder liens with bankruptcy funding.  Tom testified twice before Congress on bills that were in 2016 enacted as the Puerto Rico Oversight Management and Economic Security Act (“PROMESA”) and drafted the local rule adopted by the U.S. District Court of Puerto Rico governing the commencement of short-form restructurings under PROMESA Title VI.

    Tom also played major roles in the largest municipal bankruptcies, representing holders of $900 million in Jefferson County, AL secured sewer warrants of Jefferson County, AL and holders of $1 billion in City of Detroit pension bonds.

    Tom also counsels and represents investors seeking to acquire the assets or businesses of financially troubled companies. His most notable transactions include the 1991 acquisition of Wheeling-Pittsburgh Steel Corp. by investors in secured bank debt and the 2006 hostile takeover of WCI Steel Corp. by investors in secured bonds, both through Chapter 11 plans negotiated with the United Steelworkers of America over management opposition; and the 2019 acquisition of Westmoreland Coal. In the second Patriot Coal bankruptcy in 2015, Tom represented four funds that held more than $360 million in secured prepetition debt and that agreed to extend $100 million in debtor-in-possession credit. Our clients subsequently funded the sale of substantially all Patriot assets to Blackhawk Mining LLC by extending more than $150 million and $30 million face value in five-year and five-and-one-half-year term loans, respectively, and taking a 35 percent equity interest in Blackhawk. Tom is the leading scholar on trading claims and taking control of corporations in Chapter 11, having authored (with Chaim J. Fortgang) three law review articles and the Collier Bankruptcy Practice Guide chapter on the topic.

    Chief Justice of the United States John Roberts appointed Tom to the U.S. Judicial Conference Advisory Committee on Bankruptcy Rules for a second three-year term starting on Oct. 1, 2017. Tom is a member of the National Bankruptcy Conference, a nonpartisan organization of approximately 60 leading lawyers, law professors and bankruptcy judges that provides bankruptcy advice to Congress, and is co-chair (with U.S. Bankruptcy Judge Christopher Klein) of the ABA’s Government Bankruptcies Subcommittee.

    Over the course of his career, Tom has been regularly acknowledged as a preeminent bankruptcy and restructuring lawyer. Chambers has recognized him as a leading lawyer in Chambers USA every year for the past 20 years, designating him as a “Senior Statesperson” since 2021, and in Chambers Global for more than 15 years. Chambers USA notes that Tom “wins praise from all corners of the [nationwide] market for his expertise in complex bankruptcy matters. He is adept at handling both Chapter 9 and 11 proceedings.” He also “enjoys an excellent reputation in the [New York] market for his expert representation of lenders and bondholders in bankruptcy transactions and litigation.” Chambers sources have more than once called him “one of the best bankruptcy lawyers I’ve ever met.”

    Experience

    • Brazos Electric Power Cooperative Inc. - Representation of the Official Committee of Unsecured Creditors, obtaining 90 cent cash payment in six months for over $1.5 billion in claims over the concerted opposition of the debtor’s largest shareholders and ERCOT.

    • The Hertz Corporation – Representation of the Official Committee of Unsecured Creditors, obtaining cash payment in full of all unsecured claims on the effective date.

    • Boy Scouts of America – Representation of the Official Committee of Unsecured Creditors as senior partner on a team led by Rachel Ringer.

    • Seadrill Ltd. – Representation of the Official Committee of Unsecured Creditors of Seadrill Ltd., one of the world’s largest offshore drilling companies. 

    • Energy Future Holdings Corp. – Representation of the indenture trustee and a steering committee for $2.4 billion in second-lien notes in a successful fight for full cash payment of all claims, including a 30-plus-point makewhole premium, that involved organizing bonds to reject a tender offer, defeating a prepetition restructuring support agreement, a competing bid for the debtors and litigating to victory in the Third Circuit to enforce the makewhole.

    • Lehman Brothers – Representation of the trustees of Lehman’s Dutch financing subsidiary holding a $35 billion claim against Lehman Brothers Holdings Inc. on behalf of 100,000 bondholders

    • General Motors Corp. – Representation of the Official Committee of Unsecured Creditors.

    • Chrysler LLC – Representation of the Official Committee of Unsecured Creditors.

    • Capmark Financial Group – Representation of the Official Committee of Unsecured Creditors.

    • Cooper-Standard Holdings Inc. – Representation of the Official Committee of Unsecured Creditors.

    • Smurfit-Stone Container Corp. – Representation of the Official Committee of Unsecured Creditors.

    • Dana Corp. – Representation of the Official Creditors’ Committee.

    • Patriot Coal (2013) – Representation of the Official Committee of Unsecured Creditors.

    • Patriot Coal (2015) – Representation of the largest secured creditors.

    • Dura Automotive Systems Inc. – Representation of the Official Creditors’ Committee.

    • ASARCO LLC – Representation of the majority noteholders.

    • WCI Steel Inc. – Representation of the holders of $300 million in secured notes, who took control of the debtor over the initial opposition of the owner, management, unsecured creditors committee, United Steelworkers (USW) and Pension Benefit Guaranty Corp. (PBGC), including early termination of exclusivity, defeating two cram-down plans and, after three contested confirmation hearings, fighting a bondholder plan through to consummation having gained the support of the USW, PBGC and committee.

    • W.R. Grace – Representation of the Official Equity Committee. Stock went from under $2 per share to over $100 per share.

    • General Chemicals – Representation of the largest subordinated noteholder, who took the company away from secured banks with a “bear hug” letter only weeks before the scheduled confirmation.

    • Venture Holdings – Representation of the largest secured bank creditor, which became the largest shareholder of the reorganized company.

    Credentials

    Education

    • J.D., magna cum laude, Harvard Law School, 1981
      • Editor, Harvard Law Review, 1980-1981
    • A.B., summa cum laude, Phi Beta Kappa, Dartmouth College, 1977

    Bar Admissions

    • New York, 1982

    Clerkships

    • Honorable J. Edward Lumbard, U.S.C.A., 2nd Circuit, 1981 - 1982

    Professional Affiliations

    • U.S. Supreme Court's Advisory Committee on the Bankruptcy Rules, member
    • American College of Bankruptcy, fellow
    • National Bankruptcy Conference
    • Association of the Bar of the City of New York
    • National Consumer Rights Bankruptcy Center, board member
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