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Patrick J. Potter, Partner

Patrick J. Potter

Partner
Washington, DC

Partner, Washington, DC

T: +1.202.663.8928
T: +1.202.663.8928

Areas of Focus

Patrick Potter provides clients with innovative and practical solutions to business problems in the commercial real estate, health care and hospitality sectors.

Patrick has both a national and international practice and has appeared before more than 50 bankruptcy judges and federal courts throughout the country. While he has more than three decades of experience representing creditors and other stakeholders, Patrick considers himself primarily a debtor’s restructuring counsel. He has won several awards and has been otherwise recognized for his successes in saving financially troubled businesses and thousands of jobs.

Internationally, Patrick has a decade of experience assisting foreign governments in the drafting and implementation of new and modern bankruptcy laws and procedures. He has provided on-the-ground “capacity building” work for several counties, including Saudi Arabia, Bahrain, Morocco, Egypt, Kuwait, United Arab Emirates and the Republic of Georgia. Patrick regularly speaks, writes and conducts workshops in these countries in coordination with The World Bank Group, The U.S. Commerce Department (Commercial Law Development Program), INSOL International and others.

Representative Experience

  • Represent the Official Committee of Unsecured Creditors in the chapter 11 of Marbury Plaza, one of the largest affordable housing projects situated in Washington, DC (with more than 650 units).
  • Represent defendant in wrongfully brought breach-of-fiduciary-duty adversary proceeding commenced by plan administrator.
  • Represent Pension Reserve Board and related $10 billion trust created and funded pursuant to the confirmed debt adjustment plan of the Commonwealth of Puerto Rico.

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  • Represent owner of 244-room limited-service hotel, operated under a national flag and located in central Washington, D.C., in connection with its efforts to restructure more than $65 million of principal issued as senior and junior indebtedness.
  • Represent landlord Dulles Creek Owner, LLC in the chapter 11 of RGN-Group Holdings, LLC, and negotiated terms in the confirmed reorganization plan reaffirming the debtor’s guaranty of affiliate commercial lease obligations to landlord.
  • Represent international client in connection with its efforts to bid on defaulted debt secured by a 147-room hotel located in Brooklyn, New York, in order to ultimately secure ownership of the asset.
  • Represent owner of an 805-key hotel and convention center in California, as lead counsel in its chapter 11 bankruptcy and post-confirmation transactions, where plan was confirmed, brand was successfully changed pursuant to competitive bidding process required by bidder, prior brand manager’s claim was more than halved and channeled away from the hotel, releases for potential tortious interference were given to the new brand manager, thereby enabling borrower-hotel to procure $15 million in key money and $25 million in mezzanine financing, together with a reduction and restructuring of the senior mortgage debt.
  • Represent condominium’s board of directors as debtor in the Condominium Association of the Lynnhill Condominium bankruptcy of 219 residential units that were valueless until all titles were unified via a section 363 sale implemented through a plan confirmed in 49 days. After confirmation, we developed and implemented a strategy that resulted in full payment to creditors and substantial distributions to unit owners.
  • Represent Crescent Real Estate in the out-of-court resolution of the financially stressed Tahoe Club. We developed and implemented a process that allowed the owners and users of the club to acquire it, thereby maintaining its viability, preserving jobs and avoiding potential WARN Act liabilities.
  • Represent government contracting technology business as debtor in the case of Insignia Technology Services. We developed, confirmed and implemented a chapter 11 plan in less than nine months that restored the viability and solvency of the business, saved over 100 jobs and preserved long-term contractual relationships with the federal government.
  • Represent Fluor Corporation in a complex contractual dispute with debtor Westinghouse Electric Company. Fluor’s claims exceeded $300 million, making it one of the largest unsecured creditors in Westinghouse’s bankruptcy case.
  • Represent buyer of energy assets in various bankruptcy cases. Successfully developed and implemented a variety of strategies that have restored the financial viability of businesses, preserved thousands of jobs and assumed hundreds of millions of dollars of environmental cleanup obligations.
  • Represent debtors Specialty Hospitals, operators of acute care health care facilities in Washington, DC. We obtained fast-track bankruptcy court approval of a sale of operations to a Silver Point affiliate that restored the facilities’ financial viability, thereby saving hundreds of jobs and allowing for continued critical service to some of the District of Columbia’s most needy residents.

Professional Highlights

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  • Member of the team awarded the 2016 Financial Times Most Innovative Lawyer Award for “Innovation in Unlocking and Delivering Value,” which recognized Pillsbury’s work to develop a strategy to takeover the operations of Patriot Coal, reopen the mines and free-up millions of dollars to invest in clean-up and reforestation.
  • Member of the team awarded the 2015 TMA Turnaround Transaction of the Year (Ohio Chapter) for the acquisition by Fujimori of Hedwin Corp.
  • Honors & Awards
    • Recognized by Best Lawyers (published by BL Rankings LLC) in Bankruptcy/Insolvency & Reorganization (2019 – 2024).
    • Recognized by Chambers USA in DC Bankruptcy/Restructuring (2021 – 2023).
    • Recognized by Lawdragon as one of 500 Leading U.S. Bankruptcy & Restructuring Lawyers (2020 – 2023) and one of 500 Leading Global Bankruptcy & Restructuring Lawyers (2020).
    • Recognized by Washingtonian Magazine as a Top Lawyer DC Region – Bankruptcy Practice (December 2022).
    • Selected for full membership in International Insolvency Institute (2019).
    • Profiled as a key member of Pillsbury’s Latin Lawyer 250-ranked practice in the region.
  • Associations
    • International Insolvency Institute (III)
    • International Association of Restructuring, Insolvency and Bankruptcy (INSOL International)
    • American Bar Association, Section on Business Law
    • District of Columbia Bar Association, Bankruptcy Law Sections
    • Michigan Bar Association, Section on Bankruptcy Law
    • Virginia Bar Association, Section on Bankruptcy Law
    • American Bankruptcy Institute
  • Speaking Engagements
    • “Bankruptcy and Restructuring Proceedings in Focus – Expert Discourse,” (Panel Moderator and Conference Planning Committee) sponsored by INSOL International and the Saudi Bankruptcy Commission, Riyadh, Saudi Arabia, January 22, 2024.
    • “Practical Solutions to Resolving Challenges Arising in Bankruptcy Going Concern and Liquidation Sales,” sponsored by INSOL International and the Saudi Bankruptcy Commission, Riyadh, Saudi Arabia, November 8, 2023.
    • “US-Kuwaiti Judicial Consultations,” sponsored by The U.S. Department of Commerce (CLDP), October 31-November 1, 2023.
    • “Workshop – Approaches to Promoting a More Efficient and Effective Restructuring Regime,” sponsored by INSOL International and the Saudi Bankruptcy Commission, Riyadh, Saudi Arabia, July 12, 2023.
    • “First MENA Forum: Insolvency, Business Restructuring & Investment Promotion” (Egypt, Saudi Arabia, Bahrain, UAE, Morocco, Jordan), sponsored by The World Bank Group, INSOL International and The US Department of Commerce (CLDP) in Cairo, Egypt, June 19-20, 2023.
    • “The U.S. Approach to More Efficient and Effective Restructuring Procedures,” Economic Development Board of Bahrain, Manama, Bahrain, January 12, 2023.
    • “The Role of Courts in Successful Bankruptcy Procedures and in the Protection of Economic Public Policy – Part II,” Commercial Law Development Program, Marrakech, Morocco, December 13-14, 2022.
    • “The Role of Courts in Successful Bankruptcy Procedures and in the Protection of Economic Public Policy – Part I,” Commercial Law Development Program, Casablanca, Morocco, November 29-30, 2022.
    • “Presentations on US and MENA Insolvency Topics for the Egyptian Ministry of Justice Delegation,” World Bank Group, Washington, D.C., June 9 & 13, 2022.
    • “Charting the Course: Navigating Hospitality Insolvencies,” ABI Mid-Level Professional Development Program, November 9, 2021. Moderator.
    • “Bankruptcy Code Changes under the 2021 Consolidated Appropriations Act,” Strafford webinar, April 7, 2021. Panelist.
    • “Understanding and Navigating Bankruptcy Exposure for Landlords during a Pandemic,” Pillsbury Webinar, September 17, 2020.
    • “Real Assets Roundup – Real Estate,” Pillsbury Webinar, April 13, 2020.
    • “Bankruptcy Workshop: The Role of Courts in Successful Reorganization Procedures and in the Protection of Economic Public Policy,” Casablanca, Morocco, November 13 – 14, 2019.
    • “U.S. Judicial Consultations with Judges from Kuwait and Saudi Arabia,” New York City, July 22 – 26, 2019.
    • “Workshop on Developing an Effective Insolvency Framework – Kuwait Insolvency Law Analysis and Drafting,” United Nations, Vienna, Austria, May 2 – 3, 2019.
    • “The Bankruptcy Commission & Ministry of Commerce’s First Conference on Resolving Bankruptcies,” Riyadh, Saudi Arabia, April 29 – 30, 2019.
    • “Client Satisfaction in the Bankruptcy Context: The Practitioners’ Perspective” and “Lessons Learned from Successful and Unsuccessful Bankruptcy Cases: A Practitioners’ Perspective,” Singapore, March 31 – April 4, 2019.
    • “Judicial Workshop on Best Practices in Court Administration,” Riyadh, Saudi Arabia, October 24 – 25, 2018.
    • “Role of the Courts in Economic Development,” Riyadh, Saudi Arabia, October 21 – 24, 2018.
    • “Regional Insolvency Conference: The Role of Courts in an Effective Insolvency System,” Casablanca, Morocco, September 27 – 28, 2018.
    • “Alternative Dispute Resolution Including Arbitration in Saudi Arabia,” Washington, DC, June 21, 2018.
    • World Bank Group’s Insolvency & Creditor/Debtor Regimes Task Force (Recycling Entrepreneurs), Washington, DC, May 4, 2018.
    • “U.S. Consultations on Best Practices in Implementing a Successful Bankruptcy System,” New York City, April 16 – 20, 2018.
    • “Regional Insolvency Workshop: Developing a Comprehensive Insolvency System,” Riyadh, Saudi Arabia, January 22 – 23, 2018.
    • “Protecting the Investor in Morocco: The Legal Structures and the Challenge of Efficiency and Coordination,” Marrakesh, February 23, 2018.
    • “Judicial Workshop on the Role of Courts in Insolvency,” Riyadh, Saudi Arabia, November 8 – 9, 2017.
    • “U.S. and Republic of Georgia Bankruptcy Legal Issues and Drafting,” Tbilisi, Georgia, October 2 – 6, 2017.
    • “U.S.-Saudi Commercial & Insolvency Roundtable,” Washington, DC, May 9, 2017.
    • “Workshop on Insolvency Law in the United Arab Emirates and the United States of America,” Dubai, UAE, April 17 – 19, 2017.
    • “Drafting a Comprehensive Insolvency Law,” Singapore, Tuesday, March 14, 2017.
    • “Roundtable on the Role of Courts in Insolvency,” Manama, Bahrain, December 5 – 7, 2016.
    • “A Bankruptcy Debate on the Future of Gas Gathering, Purchase and Pipeline Transportation Agreements in Texas,” Houston, Texas, October 18, 2016.
    • “Addressing Bankruptcy in the Drafting Process,” Pillsbury CLE Marathon, Tysons Corner, Virginia, September 27, 2016.
    • “Armenian Insolvency Reform,” Presentation to and Roundtable with Armenian Insolvency and Commercial Law Judges, Washington, DC, September 20, 2016.
    • “The Insolvency of Micro, Small and Medium Enterprises,” World Bank Group’s Insolvency & Creditor/Debtor Regimes Task Force, Washington, DC, September 19, 2016.
    • “Bankruptcy Basics: With an Emphasis on the Nuts and Bolts of Chapter 11,” Presentation to the Office of General Counsel Commercial Law Development Program U.S. Department of Commerce, Washington, DC, August 25, 2015.
    • “Workshop on Best Practices in the Management of Insolvency Cases in Morocco: The U.S. Example,” A Legal Practitioner’s Perspective to Insolvency and Restructuring, Casablanca, Morocco, December 9, 2014.
    • “Strategies for Resolving Insolvency Disputes,” “Insolvency Legislation: Drafting a Comprehensive Insolvency Law,” “Insolvency & Restructuring – Procedures & Practices: A Practitioner's Perspective (Part II),” and “Insolvency & Restructuring – Procedures & Practices,” Regional Insolvency Workshop: Developing a Comprehensive Insolvency System, Dubai, UAE, November 3 – 5, 2014.
    • “Current Topics in Public and Private Sector Restructurings and Bankruptcies,” Puerto Rico in Crisis, San Juan, Puerto Rico, May 14, 2014.
  • Blog Posts

Education

  • J.D., University of Michigan Law School, 1989

    B.A., Michigan State University, 1986

Admissions

  • District of Columbia

    Virginia

    Michigan

    Puerto Rico (Federal)

    Maryland (Federal)

Courts

  • U.S. Court of Appeals for the Third Circuit

    U.S. Court of Appeals for the Fourth Circuit

    U.S. Court of Appeals for the District of Columbia Circuit

    U.S. Supreme Court

Clerkships

  • Chief Judge Ray Reynolds Graves, United States Bankruptcy Judge for the Eastern District of Michigan (1989 - 1990)

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