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Simon E. Fraser

Member

: Wilmington
1201 North Market Street
Suite 1001
Wilmington, Delaware 19801
P: (302) 295-2011
TF: (888) 207-2440
F: (302) 295-2013

Simon E. Fraser

Simon E. Fraser joined the firm’s Wilmington office in May 2009 as an associate in the Business Law Department.

Concentrating his practice within the Bankruptcy, Insolvency and Restructuring Group, Simon has extensive experience in matters involving bankruptcy law, creditors’ rights, corporate reorganization, and commercial litigation. He has represented a variety of stakeholders, including secured and unsecured creditors, debtors, committees, equity holders, and asset purchasers in various aspects of bankruptcy cases and commercial disputes.

Simon earned his undergraduate degree from Johns Hopkins University and his law degree, magna cum laude, from Villanova University School of Law, where he a member of the Order of the Coif and Associate Editor of the Villanova Law Review.

Represented Wolverine Tube, Inc. and various affiliates in their Chapter 11 cases in the District of Delaware. Wolverine is a leading producer of enhanced copper tubing and related products for commercial applications, with worldwide operations. The case resulted in a confirmed plan of reorganization within eight months of the Petition Date. The plan provided for full payment to unsecured creditors, a debt for equity exchange with the debtors’ bondholders, and a negotiated resolution with the PBGC of its $100+ million pension underfunding claim. Shortly after the plan went effective, we handled the refinancing of the debtors’ tolling arrangements with a new working capital facility.

Represented a large commercial landlord in large bankruptcy cases including Borders, Claim Jumper Restaurants, Real Mex Restaurants, and Gottschalks. Litigated and resolved issues concerning administrative claims, rejection damages, and general unsecured claims. Providing counseling regarding commercial landlord’s rights in tenants’ bankruptcy cases.

Represented of one of Canada’s leading integrated energy companies in connection with SemGroup’s bankruptcy cases. Successfully defended multimillion dollar preference demand and obtained a $0 liability outcome. Provided counseling regarding creditor’s rights in connection with customer bankruptcies, including avoidance of preference liability and special rights afforded to parties to “forward contracts” under Bankruptcy Code.

Represented Chapter 7 Trustee as special asset disposition counsel to develop and implement process to sell substantially all of the assets of the estates under section 363 of the bankruptcy code in the following additional cases: Synova Healthcare; Peregrine I; Impact Services; and Thompson River Power.

Represented one of the largest shipping companies in the world in connection with bankruptcy cases including Abitbibowater and Eastman Kodak. Defended multimillion dollar preference avoidance action; provided counseling on topics including preventative measures to reduce potential preference liability, negotiating “critical vendor” agreements, and shipper’s rights in connection with customers’ bankruptcies.