Enjoining the Future: Unknown Claims and the Limits of Due Process

Natalie D. Ramsey is the Chair of the firm’s Creditors’ Rights and Bankruptcy practice group and responsible partner for the Delaware office. Her practice focuses on corporate reorganization and bankruptcy, including both the transactional aspects of restructuring and asset recovery litigation, often involving challenges to complex corporate transactions. Recent experience includes (1) confirmation of a chapter 11 plan on behalf of a maritime debtor with significant claims against and from affiliates in over ten countries; (2) investigation of and ultimately obtaining court approval to bring a $1.5 billion fraudulent conveyance/ breach of fiduciary duty claim against the debtor’s multi-national parent, and (3) co-lead trial counsel for asbestos creditor’s committee, resulting in a finding of estimated liability on the part of the debtor of in excess of $1.1 billion.

Natalie has been practicing in the area of bankruptcy for more than 30 years and has extensive experience in virtually every facet of insolvency practice, including out-of-court restructuring, “prepackaged” bankruptcies, and traditional Chapter 11 cases. She also routinely counsels clients on the potential effect of the insolvency or bankruptcy of another party in connection with prospective and existing, contracts and settlements.

Honarable Robert E. Gerber is a United States Bankruptcy Judge for the Southern District of New York. Since his appointment to the bench 10 years ago, Judge Gerber has presided over a wide variety of chapter 11, chapter 7, chapter 15, section 304 and SIPA cases - including PSINet, Ames Department Stores, Global Crossing, Adelphia, Basis Yield Alpha Fund, Lyondell Chemical, BearingPoint, DBSD North America, Chemtura and General Motors.He earned a B.S. degree in industrial engineering, with high honors, from Rutgers University (from which he graduated in 1967), and a J.D. degree, magna cum laude, from Columbia Law School, from which he graduated in 1970, and where, among other things, he was a James Kent Scholar. Before going on the bench, he practiced with the firm of Fried, Frank, Harris, Shriver & Jacobson, specializing in securities and commercial litigation and, thereafter, bankruptcy litigation and counseling. Except for a period of service in the United States Air Force, in 1971 and 1972, he was with Fried Frank for 30 years, 22 as a partner. He is a contributing author to Collier on Bankruptcy, and a Fellow of the American College of Bankruptcy.