David Hammerman advises clients on all aspects of out-of-court restructurings, bankruptcies, and special situations, with a particular emphasis on representing private credit lenders, private funds, and distressed investors.

A leader in the private credit restructuring space, David leverages 20 years of experience and a practical approach to represent creditors, shareholders, sponsors, purchasers, financing sources, and distressed companies in all facets of the restructuring and reorganization process, including extensive work on out-of-court workouts. He helps clients navigate:

  • Financing structures for troubled businesses
  • Acquisitions of distressed assets
  • Chapter 11 reorganizations
  • Debt-to-equity conversions
  • Distressed exchanges

He also advises boards of directors and senior management of financially troubled companies on a range of issues, including fiduciary duties and corporate governance.

David’s expansive transactional work has involved diverse industries, including oil and gas, healthcare, chemicals, gaming, coal, retail, and manufacturing. He also regularly represents clients in cross-border matters. And has advised on out-of-court restructurings of multiple Native American casinos.

David co-leads the firm’s Bankruptcy Opinion Practice and serves on the Associates Committee. He is a former member of Latham’s Training and Career Enhancement (TACE), Recruiting, Pro Bono, and Mentoring committees. He also previously served as Global Vice Chair of the Restructuring & Special Situations Practice.

David maintains an active pro bono practice, representing Holocaust survivors in connection with multiple reparations programs.

David’s representative clients and matters include:

Private Credit Funds

  • Ares
  • Barings
  • Beachpoint
  • Blackstone
  • Blue Torch
  • Brigade Capital
  • Carlyle Credit
  • Diameter
  • Fortress
  • Gramercy Capital
  • Highbridge Capital
  • HPS
  • KKR
  • Monarch
  • Partners Group
  • Point72

Debtors and Sponsors

  • SI Group on private exchanges and related out-of-court transactions
  • SK Capital on liability management transactions and bankruptcy proceedings for Ascend Performance Materials
  • Sundance Energy on its successful financial restructuring and chapter 11 proceedings; named Pre-Packaged Restructuring of the Year (Middle Markets) by Global M&A Network
  • Tuscany International Drilling on its chapter 11 proceedings
  • RHI Entertainment on its pre-packaged chapter 11
  • Wastequip on its out-of-court restructuring
  • Weatherford International on its chapter 11 case restructuring more than US$8 billion in debt; named 2020 Restructuring Deal of the Year by IJInvestors
  • Toys “R” Us on bond restructuring
  • The equity sponsors on TPC Group’s chapter 11 proceedings
  • Lonestar Resources and its affiliates on chapter 11 proceedings
  • Monitronics on structuring, negotiating, and executing multiple liability management transactions through bank financing amendment and notes exchange offers

Distressed M&A

  • Blackhawk Mining on:
    • Acquiring three coal mining complexes from James River Coal in connection with James River’s chapter 11 plan of reorganization
    • Acquiring certain operating assets from Patriot Coal in connection with Patriot’s chapter 11 plan
  • Great Western Petroleum on purchasing assets from PetroShare via section 363 auction
  • GE Capital on:
    • Acquiring Medical Staffing Network Holdings with MSN AcquisitionCo via section 363 auction
    • As agent for the first lien lenders on purchasing SP Newsprint
  • A global oil and gas company on acquiring various stakes in Cobalt International Energy assets in connection Cobalt’s chapter 11 bankruptcy process
  • FlexGen Power Systems on acquiring Powin via chapter 11 bankruptcy proceedings

Bar Qualification

  • New York

Education

  • JD, Fordham University School of Law, 2006
  • BS, Emory University, 2000