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Andrew V. Alfano

Counsel
New York

Counsel, New York

T: +1.212.858.1051
T: +1.212.858.1051

Areas of Focus

Andrew Alfano regularly advises companies facing financial distress, purchasers and investors in distressed businesses, and lenders and other creditors of troubled companies in all stages of complex restructurings. His work spans a variety of industries, most recently including pharmaceuticals, aviation, electric vehicles and energy storage.

Representative Experience

  • Represented Nikola Corporation, and its affiliates, an early-stage growth company that designed and manufactured heavy-duty commercial hydrogen-electric and battery-electric trucks and energy infrastructure solutions, in their chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware, which resulted in the successful sale of substantially all of their assets, including to the Lucid Group, Inc., and subsequent confirmation of a plan (In re Nikola Corp., et al.).
  • Represented AerCap Ireland Limited in connection with the Azul S.A. chapter 11 cases (In re Azul S.A., et al.).
  • Representing aircraft lending facilities and other aircraft counterparties in the chapter 11 cases by Spirit Aviation Holdings, Inc., et al. (In re Spirit Aviation Holdings, Inc., et al.).

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  • Representing a hotel franchisor and lender in connection with certain distressed franchisees.
  • Represented Japanese power stations in connection with the restructuring of its fuel supplier (In re Enviva Inc.). 
  • Representednearly all State Attorneys General in the United States in connection with a $450 million settlement in the chapter 11 bankruptcy of Endo International plc and its affiliates (In re Endo International plc) for claims relating to the opioid crisis. Nearly all the funds received under the settlement were disbursed to abate the opioid addiction crisis.
  • Represented 24 State Attorneys General and the District of Columbia in the chapter 11 bankruptcy of Purdue Pharma and affiliates, a large, complex and first-of-its-kind case (In re: Purdue Pharma L.P.).
  • Represented an aircraft lessor and an engine lessor in the chapter 11 restructuring of airline SAS AB (Scandinavian Airlines System), one of the largest airlines in Europe.
  • Represented a secured aircraft lender in the chapter 11 cases of In re Voyager Aviation et al.
  • Representedthe joint official liquidators of two Cayman Islands investment funds as U.S. Counsel, relating to the misappropriation of hundreds of millions of dollars of the funds’ assets by their former investment advisor (In re IIG Global Trade Finance Fund Ltd., et al.).
  • Represented a debtor-in-possession financier and stalking horse purchaser in connection with the purchase and sale of a cosmetics brand in chapter 11. 
  • Represented an industry-leading manufacturer of business jets in connection with the acquisition (through a bankruptcy auction and sale process) of a sole-source parts supplier for its aircraft.
  • Represented various aircraft lessors and lenders in the chapter 11 bankruptcies of Latin American airlines Avianca Holdings S.A., LATAM Airlines Group S.A. (Latin America’s largest air carrier) and Grupo Aeromexico, S.A.B. de C.V. (Mexico’s second-largest airline) filed in the wake of the Coronavirus pandemic.
  • Represented Fluor Corporation in a complex contractual dispute asserting more than $300 million in claims against debtor Westinghouse Electric Company arising from the construction of nuclear power plants in Georgia and South Carolina (In re: Westinghouse Electric Company LLC).
  • Represented a government contracting business in its chapter 11 case, successfully confirming a chapter 11 plan in less than nine months that restored the viability of the business and saved over 100 jobs (In re: Insignia Technology Services, LLC).
  • Represented indenture trustees in chapter 15 proceedings of OAS S.A. and Aralco filed in conjunction with recuperação judicial proceedings in Brazil.
  • Represented debtor Lynnhill Condominium Association, successfully confirming a chapter 11 plan in 49 days after three prior bankruptcy cases failed (In re: The Condominium Association of the Lynnhill Condominium).

Professional Highlights

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  • Member of Pillsbury’s team that won Latin Lawyer’s 2022 “Restructuring Deal of the Year” award for its representation serving as counsel to multiple creditors in the chapter 11 restructuring of Avianca Holdings S.A.
  • Recipient of the City Bar Justice Center’s 2020 Outstanding Pro Bono Service Award
  • Received the Benjamin Weintraub and Alan N. Resnick Bankruptcy Law Award awarded to the graduating student who is most likely to make a significant contribution to the field of bankruptcy law.
  • Speaking Engagements
    • “Bankruptcy Limits on Lockup Provisions: Enforcing Section 1125, Creating Meaningful Outs, Ensuring Adequate Information,” Strafford Webinar, March 6, 2025
    • “Chapter 11 Strategies After Truck Ins. Exchange v. Kaiser Gypsum: Insurer Rights in Policyholder Bankruptcies,” Strafford Webinar, August 8, 2024
    • “Chapter 11 Case Study and Insolvency Law Update,” American Bar Association – Spring Meeting (Aviation Finance Subcommittee), April 5, 2024
    • “Administrative Expenses Under § 503,” Caribbean Insolvency Symposium, American Bankruptcy Institute, February 8, 2023

Education

  • J.D., Hofstra University School of Law, 2016
    Associate Editor, Hofstra Law Review, Volume 44

    B.A., University of Pittsburgh, 2013

Admissions

  • New York

Clerkships

  • Honorable Elizabeth S. Stong in the U.S. Bankruptcy Court, Eastern District of New York (2016-2017)

Andrew's Insights

Alert 04.10.23

Court of Appeals Finds That Insurers May Not Participate in Bankruptcy Negotiations by Invoking an Insured’s Duty to Cooperate

In rejecting an insurer’s attempt to block confirmation of its insured’s bankruptcy plan, the Fourth Circuit found that an insurer may not interject itself into plan negotiations by invoking the duty to cooperate, nor does the insurer have standing to object to an insured’s “insurance neutral” bankruptcy plan.

Alert 09.09.22

Post-Petition Payment for Pre-Petition Delivery of Goods under Section 503(b)(9) Does Not Reduce Creditor’s Subsequent New Value Defense to Preference Lawsuit

An Eleventh Circuit Court of Appeals’ decision permits a creditor both to be paid in full under Bankruptcy Code section 503(b)(9) for goods delivered within 20 days before commencement of a bankruptcy case, and to use the delivery of those goods on credit as “subsequent new value” in defense to a trustee’s preference lawsuit.

Article November/December 2021

A Warning to Contract Counterparties: A Debtor Can Sell Your Fully Performed Contract Without Curing Defaults and Paying Your Claim in Full

Source: Pratt’s Journal of Bankruptcy Law

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