Kate Scherling is Of Counsel in Quinn Emanuel’s New York office. Kate focuses her practice on corporate bankruptcies and bankruptcy-related litigation, including fraudulent transfer, recharacterization and breach of fiduciary matters. She has represented creditors and debtors in contested matters, including debtor-in- procession (DIP) financing challenges, rejection motions and contested plan confirmation. She has also advised numerous independent directors in connection with restructuring transactions and investigations. Kate also worked in the U.S. Senate Office of the Legislative Counsel, where she drafted legislation relating to bankruptcy and banking.
- Counsel to an ad hoc group of bondholders of a petroleum company and subsequent lead counsel to the reorganized company. With primary responsibility for all objections to claims of more than $5 million, obtained a ruling—affirmed twice on appeal—that a claim for “deemed dividends” was subject to mandatory subordination under Section 510(b) of the Bankruptcy Code and entitled to no distribution.
- Represented debtors in obtaining a precedential ruling authorizing client to reject its FERC- regulated natural gas pipeline transportation agreement.
- Counsel to debtors’ largest unsecured creditor in the bankruptcy filing of a global communications company. Guided foreign client through the Chapter 11 process. Drafted cure amount objections and negotiated amendments to underlying contracts assumed in connection with debtors’ confirmed plan.
- Represented senior bondholders coalition in litigation and mediation of numerous issues in a Title III case, including a sales tax ownership dispute.
- Counsel to ad hoc group of unsecured bondholders in the bankruptcy of a Houston-based energy corporation. Successfully objected to the proposed DIP financing that contemplated a significant roll-up. Represent creditor representative in the post-confirmation lien-related litigation seeking to avoid prepetition secured creditors’ liens on valuable estate assets under Section 544(a)(3) of the Bankruptcy Code.
- Represented administrative agent for an unsecured credit facility that was the target of a UCC standing motion to avoid LBO debt as a fraudulent transfer.
- Represented privately held industrial group and its founder in a lawsuit brought by the litigation trustee seeking to avoid LBO as a fraudulent transfer and avoid repayment of a $300 million draw under revolving credit facility.
- Represented independent directors of technology company that underwent out-of-court restructuring.
- Represented independent directors of retail company in connection with UCC’s motion for derivative standing.
- Fordham University School of Law
(J.D., cum laude, 2008)- Dean’s List
- Dean’s List
- University of Pennsylvania
(B.A., International Relations, with Distinction, magna cum laude, 2003)
- The State Bar of New York
- United States District Court:
- Southern District of New York
- Staff Attorney
- United States Senate Office of the Legislative Counsel, 2012-2014