Patrick Birney, a member of the firm's Finance and Business Litigation Groups, leads the firm's creditors' rights practice.
Bankruptcy and Creditors’ Rights
Since 1998, Mr. Birney has focused his practice on complex transactional, litigation, and advisory work related to the debtor/creditor relationship, including restructurings, Chapter 11 bankruptcy cases, workouts and "prepackaged" Chapter 11 matters, and commercial finance. He has extensive experience representing secured and unsecured creditors, trustees, debtors, official and ad hoc creditors' committees, and other parties in Chapter 11 restructurings, adversary proceedings, state court receiverships, and out-of-court workouts.
Mr. Birney recently represented a global fuel oil supplier in its Chapter 11 case, including negotiation and confirmation of its plans, which included providing for a substantial distribution to creditors. He represented the senior secured lender in the successful Chapter 11 restructuring of an international toy manufacturer. Mr. Birney also represented the bondholders in the successful Chapter 11 restructuring of an assisted senior living facility and geriatric hospital.
Mr. Birney also has a broad range of experience handling commercial litigation matters in state and federal courts, routinely representing businesses involved in contract disputes, fraudulent transfer, fraud, civil theft, and intercompany claims. He has represented businesses in the insurance, manufacturing, health care, distribution, logistics, shipping, energy, retail, and construction industries.
Mr. Birney recently obtained summary judgment in the United States District Court for the Southern District of Texas on behalf of an international manufacturer regarding claims of breach of contract.
Pro Bono and Community Involvement
Mr. Birney is committed to doing pro bono work and being actively involved in the community. He has participated in the firm’s Domestic Violence Restraining Order Program, which assists victims with obtaining restraining orders. He is on the Board of Directors for G.R.O.W.E.R.S., Inc., which provides employment and educational opportunities for intellectually disabled clients, and he serves as president of the N.E.W. 34th Charitable Corp., an organization which helps fund civic and charitable causes in the New Haven, Connecticut area.
Mr. Birney has also been a member of the Connecticut Lottery Corporation’s Board of Directors, serving as the board’s vice chairperson since 2014 and chairperson of the board’s Finance Committee since 2013. Mr. Birney has also served as vice chairperson of the Wallingford Public Utilities Commission since March 2015, and prior to that served on the Wallingford Planning and Zoning Commission and Zoning Board of Appeals.
Mr. Birney is a frequent lecturer and participant on educational panels related to bankruptcy, insolvency, commercial law, and creditors' rights. In addition, he is a frequent author and contributor to several national bankruptcy publications. To date, his articles have been cited by several judicial opinions, including In re Reichgott, 2013 WL 5492532 (Bankr. N.D.Ohio, 2013), and In re Kebe, 444 B.R. 871, 880 (Bankr. S.D.Ohio, 2011).
Mr. Birney has been listed in The Best Lawyers in America® in the area of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law since 2017.