Gianfranco Finizio
Partner

The Grace Building 1114 Avenue of the Americas, New York, NY USA 10036

Overview

Gianfranco Finizio focuses his practice on bankruptcy and insolvency matters. Mr. Finizio has experience representing, among other parties in interest, official committees of unsecured creditors, whose members include trade creditors, service providers, bondholders, indenture trustees, unsecured lenders, landlords and class action plaintiffs in all facets of insolvency proceedings.

Prior to joining the firm, Mr. Finizio worked as an associate at a New York, New York law firm where his practice focused on bankruptcy, creditors’ rights and restructuring law. While attending law school, Mr. Finizio served as a judicial intern to the Honorable Stephen A. Bucaria in the New York Supreme Court. He was also a staff member of the American Bankruptcy Institute Law Review.

Mr. Finizio was recognized as New York “Rising Star” in 2020 and the five years immediately preceding for Business Bankruptcy by Super Lawyers magazine.

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Experience

Currently represent the official committee of unsecured creditors in chapter 11 cases of yoga business with over 60 locations across the United States and approximately $10 million in secured debt. Following a sale of the debtors’ assets, the debtors and the creditors’ committee filed a joint chapter 11 plan that is projected to provide a cash return to unsecured creditors. In re YogaWorks, Inc. (Bankr. D. Del.).

Represented the official committee of unsecured creditors in chapter 11 cases of iconic fitness brand Gold’s Gym, which owns, operates, and holds franchise agreements for nearly 700 locations worldwide. Following the creditors’ committee’s request that the debtors conduct a postpetition marketing process, the debtors consummated a $100 million sale at the height of the COVID-19 pandemic that is projected to provide unsecured creditors with a 100% recovery, plus interest. In re GGI Holdings, LLC (Bankr. N.D. Tex.).

Represented the official committee of unsecured creditors in chapter 11 cases involving leading direct-to-consumer retailer of name-brand and private label, and non-branded fashion, home, and entertainment merchandise. As of the petition date, the debtors had approximately $500 million in total secured debt. After extensive negotiations with the creditors’ committee and other parties in interest, the debtors confirmed an amended chapter 11 plan of reorganization that provides unsecured creditors with markedly higher cash recoveries. In re Bluestem Brands, Inc. (Bankr. D. Del.).

Currently represent debtors in chapter 7 cases of studio spin cycle company with approximately $37 million in secured debt. Immediately prior to the petition date, the debtors’ studio spin cycle business was comprised of 29 fitness studios in top markets across the United States. In re Flywheel Sports Parent, Inc. (Bankr. S.D.N.Y.).

Represented an indenture trustee for approximately $635 million in secured debt instruments in chapter 11 cases involving a publicly owned agricultural company, historically operating as a leaf tobacco producer, processor, and merchant in over 90 countries and more recently expanding into new non-tobacco businesses including hemp-derived products. In re Pyxus International, Inc. (Bankr. D. Del.).

Represented the official committee of unsecured creditors in chapter 11 cases involving the provider of diagnostic health services with over approximately $900 million in total liabilities. The cases involved two qui tam litigations and a complex investigation into the pre- and postpetition conduct of the debtors and the secured lenders. Following the filing of a standing motion and draft complaint, the committee negotiated an amended chapter 11 plan of reorganization that provided unsecured creditors with a greater cash recovery. In re Trident Holding Company, LLC (Bankr. S.D.N.Y.).

Represented an indenture trustee for approximately $1 billion in unsecured debt instruments in chapter 11 cases involving a publically traded oil and natural gas exploration and production company. The indenture trustee was a member of the official committee of unsecured creditors. In re Energy XXI Ltd. (Bankr. S.D. Tex.).

Represented an indenture trustee for approximately $1.1 billion in unsecured debt instruments in chapter 11 cases involving a publicly traded oil and natural gas company. The indenture trustee was a member of the official committee of unsecured creditors. In re Breitburn Energy Partners, LP (Bankr. S.D.N.Y.).

Represented an indenture trustee and collateral agent for senior secured debt instruments with a principal amount outstanding of approximately $583 million in chapter 11 cases of the leading chain of toy stores in the world. In re Toys “R” Us, Inc. (Bankr. E.D. Va.).

Represented the official committee of unsecured creditors in the chapter 11 cases of a QSR company that culminated in confirming a chapter 11 plan of reorganization in approximately 45 days. The chapter 11 plan provides, among other things, a going concern entity and a cash return to unsecured creditors. In re Taco Bueno Restaurants, Inc. (Bankr. N.D. Tex.).

Represented the official committee of unsecured creditors for insurance technology and outsourcing firm Patriot National, Inc. As of the petition date, the debtors had approximately $223 in secured debt and certain of its directors and officers were the subject of various breach of fiduciary duty claims. Following an extensive investigation into potential estate claims and causes of action, the committee negotiated a global settlement with the debtors and the secured lenders whereby unsecured creditor recoveries were substantially enhanced through a post-effective date litigation trust. Kilpatrick Townsend currently represents the litigation trustee. In re Patriot National, Inc. (Bankr. D. Del.).

Represented the official committee of unsecured creditors of large horticulture company with approximately $118 million of secured debt. Substantially all of the debtors’ assets were sold to the secured lender and the debtors confirmed a chapter 11 plan of liquidation. In re Color Spot Holdings, Inc. (Bankr. D. Del.).

Represented the official committee of unsecured creditors for grocery co-op. Debtors listed approximately $262 million in total assets and approximately $292 million in total liabilities. Following the filing of a standing motion and draft complaint, the committee negotiated a global settlement with the secured lenders providing, among other things, millions of dollars in potential value to unsecured creditors. In re Central Grocers, Inc. (Bankr. N.D. Ill.).

Represented debtor, one of the two largest United States manufacturers of photovoltaic solar cells. As of the petition date, the debtor had approximately $100 million in indebtedness. The debtor confirmed a chapter 11 plan of reorganization in April 2019. In re Suniva, Inc. (Bankr. D. Del.).

Represented the official committee of unsecured creditors for clothing manufacturer, retailer, and wholesaler employing more than 4,600 workers in and around downtown Los Angeles, California (and 8,500 employees worldwide). The debtors listed approximately $200 million in assets and $398 million in liabilities as of the petition date. In re American Apparel, Inc. (Bankr. D. Del.).

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Education

St. John's University School of Law J.D. (2009) Dean's List, CALI Awards

George Washington University B.B.A. (2006) cum laude, Dean's List

Admissions

New York (2010)

Court Admissions

U.S. District Court for the Eastern District of New York

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Michigan

Professional & Community Activities

Turnaround Management Association, Pro Bono Committee

American Bankruptcy Institute, Member

KIND Pro Bono (Kids In Need of Defense)

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