Patrick Darby

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P: 205.521.8332
F: 205.488.6332
Secretary:
P: 205.521.8378
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Patrick Darby

Partner
Patrick represents debtors and creditors in business reorganizations, bankruptcies, workouts and out-of-court debt restructurings. He has almost 25 years of experience in corporate cases under chapter 11 of the Bankruptcy Code and related litigation. Patrick also is one of the country’s leading practitioners in municipal bankruptcy, representing Jefferson County, Alabama in the largest successful chapter 9 case in history. Patrick is a fellow in the American College of Bankruptcy and is listed in The Best Lawyers in America and Super Lawyers and as a leading practitioner by Chambers USA. He is an Adjunct Professor of Bankruptcy Law at the Cumberland School of Law at Samford University and an instructor at the University of Alabama School of Law. He is a regular speaker on bankruptcy topics at legal seminars and trade groups around the country.

Experience

In business reorganization and insolvency cases, Patrick has developed special expertise in healthcare and construction. His debtor work has included significant chapter 11 cases in Alabama and around the country. He has represented debtors in workout and debt restructuring matters, both in and out of court, in Delaware, California, Florida, North Carolina and Wisconsin.

Patrick has appeared on behalf of creditors and other non-debtor parties in chapter 11 cases across the country. His non-debtor clients in chapter 11 and corporate restructuring cases include banks, financial institutions, utilities, landlords, manufacturers and other businesses. Secured creditor representation in recent cases has involved debtors in a broad range of industries, including automotive, construction, financial services, real estate development, retail, apparel, energy, food distribution, and waste management. Patrick represents a number of construction clients in connection with the bankruptcies of owners, general contractors and subcontractors.

In 2008 Jefferson County, Alabama hired Patrick as restructuring counsel in connection with over $5.0 billion in debt. In November 2011, Jefferson County filed chapter 9. Two years later, Jefferson County obtained confirmation of the largest municipal debt adjustment plan in history, which was consummated in December 2013. The plan included the unprecedented sale of approximately $1.8 billion in refunding warrants out of bankruptcy to refinance a portion of the County’s debt. Patrick is a leading speaker on municipal insolvency before national organizations such as the American College of Bankruptcy, the National Conference of Bankruptcy Judges, the American Bankruptcy Institute, the American Bar Association, and the Turnaround Management Association. Patrick co-authored Municipalities in Peril: the ABI Guide to Chapter 9 (American Bankruptcy Institute 2012) and is the author of Southeast and New England Mean New York: The Rule of Explicitness and Post-Bankruptcy Interest on Senior Unsecured Debt, 38 Cumb. L. Rev. 467 (2008).

Representing debtors, creditors, and investors, Patrick has participated in sales transactions involving distressed businesses totaling over $2.0 billion in the aggregate. In addition, Patrick has extensive trial and appellate experience in bankruptcy-related litigation, including preference and fraudulent transfer claims, reclamation, claims allowance, tax discharge, and other non-dischargeability issues. He has tried dozens of cases to verdict and has argued several cases before the United States Courts of Appeal.

Distinctions

  • American College of Bankruptcy, Fellow
  • Listed in Alabama Super Lawyers
    • Bankruptcy & Creditor/Debtor Rights, 2009–2012, 2014
    • "Top 50 Attorneys in Alabama," 2009
  • Listed in The Best Lawyers in America®
    • Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2005–2015
    • Litigation–Bankruptcy, 2011–2015
    • "Lawyer of the Year," Birmingham, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2013
    • "Lawyer of the Year," Birmingham, Litigation-Bankruptcy, 2013
  • Listed in Chambers USA, Bankruptcy/Restructuring, 2009-2014
  • Listed in Birmingham Magazine “Top Attorneys 2014,” Bankruptcy

Memberships and Affiliations

  • American College of Bankruptcy
  • American Bankruptcy Institute
  • Turnaround Management Association
  • Association of Insolvency and Restructuring Advisors