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David S. Meyer
David S. Meyer
Partner — Restructuring & Reorganization
Partner — Restructuring & Reorganization

David S. Meyer

David S. Meyer
New York

The Grace Building
1114 Avenue of the Americas
32nd Floor
New York, New York 10036

David S. Meyer

Company Representations

  • Enviva, a publicly traded company that acts as the world’s leading supplier of wood pellets as a source of renewable energy, in its assessment of strategic alternatives

  • Strategic Materials, Inc., North America’s leading glass recycling company, and certain of its affiliates in their prepackaged chapter 11 cases that deleveraged the company’s capital structure by converting over 65% of the Company’s approximately $430 million of prepetition secured funded debt into equity; the prepackaged chapter 11 plan was confirmed within only 37 days of commencing the chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of Texas

  • Cap Hill Brands, Inc., a consumer products company dedicated to nurturing high-quality, enduring consumer brands and positioning them to thrive in an e-commerce world, in its out-of-court restructuring

  • Diamond Products, a global leader in manufacturing wellness products, in connection with its out-of-court restructuring

  • Limetree Bay Terminals, LLC and its affiliates (dba Ocean Point Terminals) in connection with various out-of-court transactions including amendments to and covenant relief under its existing credit facilities

  • Axip Energy Services, a provider of natural gas compression services to upstream and midstream customers, in connection with its successful out-of-court restructuring efforts and merger transaction

  • A publicly-traded Chinese real estate company in connection with the evaluation of various strategic and capital raising alternatives

  • Stronghold Digital in an out-of-court restructuring which significantly enhanced liquidity and financial flexibility by removing all material mandatory principal repayments through the middle of 2024 via an amendment of its credit facility, and the exchange of all outstanding note obligations for a newly issued series of convertible preferred stock

  • An independent committee of the board of directors of Daktronics, Inc., a publicly traded company that specializes in designing and manufacturing electronic scoreboards, programmable display systems, and large-screen video displays, in connection with the company’s efforts to improve its financial structure and liquidity profile

  • The nation’s leading wagyu seedstock producer in chapter 11 cases precipitated by an adverse state court judgment contested on appeal, and which are currently pending before the U.S. Bankruptcy Court for the Southern District of Texas

  • Dhanani Group Inc. and its subsidiaries, the second largest quick-service restaurant franchisee group in the United States, with 849 restaurants across 23 states, in connection with an out-of-court workout and refinancing in the form of a $500 million credit facility provided by a group of lenders led by Monarch Alternative Capital LP

  • Rockall Energy and its subsidiaries in a chapter 11 sales process in which substantially all of the company’s operating assets were sold to Formentera Partners Fund I, LP pursuant to a prepackaged chapter 11 plan with a dual-track sale and back-stop equitization process that was confirmed within 83 days of commencing the chapter 11 cases

  • Publicly-traded energy services company in connection with evaluating various liability management alternatives resulting in an out-of-court capital raise and settlement of material litigation, and effectively positioning the company for a strategic combination

  • Upstream E&P company in the approximately $215 million distressed sale of substantially all of their assets in Sublette County, Wyoming (Pinedale Field) to a strategic buyer with the consent of the company’s lenders, who cancelled all debt in excess of the purchase price in connection with the out-of-court transaction

  • Jonah Energy in connection with its out-of-court restructuring, which deleveraged the Company’s balance sheet by approximately $580 million through a combination of transactions including a cash tender offer for any and all of Jonah’s existing senior unsecured notes, the redemption of all non-tendered notes, a fully-backstopped equity rights offering to fund $85 million of new equity investment from all eligible existing noteholders, and entry into an amended and restated credit facility with an initial borrowing base of $750 million

  • Meritage Midstream in an out-of-court restructuring involving a new $75 million debt investment by Riverstone Holdings, amendment and extension of Meritage’s $500 million credit facility, and resolution of protracted litigation with a significant contractor

  • Lilis Energy in an in-court sale process in which substantially all of the company’s operating assets were sold to Ameredev Texas LLC as part of its chapter 11 cases involving approximately $400 million in total liabilities plus the confirmation of a chapter 11 plan in the U.S. Bankruptcy Court for the Southern District of Texas

  • CSI Compressco in an out-of-court exchange process whereby approximately 72.7% of the company’s existing unsecured notes were exchanged for new senior secured first and second lien notes, which, among other things, resulted in a multi-year maturity extension for the exchanged notes

  • Unit Corporation, a diversified, publicly-traded energy company engaged in oil and natural gas exploration and production, contract drilling, and midstream services, and its affiliates in connection with its prearranged chapter 11 cases deleveraging the company by approximately $650 million in a debt-for-equity transaction with its subordinated noteholders

  • Carbo Ceramics in an in-court restructuring involving a debt-for-equity exchange with the company’s prepetition and DIP lenders

  • Cloud Peak Energy in the sale of substantially all their operating assets to an affiliate of the Navajo Nation as part of its Chapter 11 cases involving approximately $350 million in funded debt and over $750 million in total liabilities

  • Taco Bueno Restaurants in a prepetition debt sale transaction followed by an in-court restructuring in the U.S. Bankruptcy Court for the Northern District of Texas that involved equitizing $140 million in senior secured debt, transitioning ownership to an affiliate of Sun Holdings, Inc., renegotiating a substantial portion of the company’s lease portfolio, and reaching a global settlement with unsecured creditors in fewer than 45 days

  • Harvey Gulf International Marine, a Jones Act regulated marine transportation company, in all aspects of its complex balance sheet restructuring involving approximately $1.3 billion in senior secured funded debt, and effectuated through prepackaged chapter 11 cases

  • Energy XXI, a publicly-traded offshore energy E&P company, in connection with its chapter 11 cases which reduced the company’s funded debt by approximately $3.0 billion

  • Bellatrix Exploration Ltd., a Canadian exploration and production company, in connection with its out-of-court restructuring transaction and private up-tier exchange offer

  • Petro Harvester Oil & Gas in the out-of-court restructuring of its approximately $142.3 million in first lien debt obligations and successful merger with a strategic partner

  • StoneMor Partners, a leading owner and operator of cemeteries and funeral homes, in its credit facility amendments and out-of-court restructuring

  • U.S. Oil and Refining in connection with its credit facility amendments and out-of-court restructuring

  • Natural Resource Partners, a master limited partnership principally engaged in owning and managing mineral reserve properties, in connection with its comprehensive out-of-court restructuring

  • Goodrich Petroleum in out-of-court restructuring transactions and in-court restructuring involving the deleveraging of nearly $450 million

  • Cloud Peak Energy, a leading producer and marketer of coal, in connection with its out-of-court restructuring

  • Sanjel Corporation, an oilfield services company headquartered in Canada, in connection with a chapter 15 case and the sale of substantially all of the debtor’s U.S. assets

  • Sundevil Power Holdings LLC, a merchant power company, in connection with the sale of its power block assets in its chapter 11 case filed in Delaware

  • Patriot Coal, a leading producer and marketer of coal in the eastern United States with several active mining complexes in West Virginia, in connection with its chapter 11 cases

  • Sbarro, the largest mall-focused Italian restaurant concept in the world, in connection with its prepackaged chapter 11 cases as well as the company’s restructuring in 2011, in which the company reduced its total funded debt by nearly 70%, from approximately $400 million to approximately $130 million

  • Physiotherapy, a leading provider of outpatient rehabilitation services and the largest provider of outpatient physical therapy services in the United States, in its prepackaged chapter 11 cases; Physiotherapy’s prepackaged plan of reorganization reduced its total funded indebtedness by 62%, from $375 million to $144 million, and provided the company with long-term financing and access to incremental funding to support the company’s go-forward business needs

  • Stereotaxis, a health care technology manufacturer of robotic cardiology instrument navigation systems designed to enhance the treatment of arrhythmias and coronary disease, in connection with its restructuring efforts and exploration of strategic alternatives

  • Hawker Beechcraft, a world-leading manufacturer of business, special mission, light attack and trainer aircraft, in its chapter 11 case, which involved converting approximately $2.5 billion in funded indebtedness into equity, negotiating a global settlement with the Pension Benefits Guarantee Corporation and the International Association of Machinist and Aerospace Workers regarding the treatment of Hawker Beechcraft’s three qualified defined benefit pension plans and its collective bargaining agreement, and a significant operational restructuring that included shutting down business jet production and reorganizing around the company’s core Beechcraft, defense, special mission and customer support businesses

  • Prommis, a leading provider of processing services and technological solutions to law firms, mortgage servicers, and trustees serving the residential mortgage industry, in connection with its out-of-court restructuring through an Article 9 sale, and its subsequent chapter 11 cases and successful asset sales

  • The Majestic Star Casino, which operate gaming facilities in Indiana, Mississippi, and Colorado, in their chapter 11 cases, which involved Majestic’s plan of reorganization supported by each of its major stakeholders that reduced the company’s funded indebtedness by nearly 78% (from $735 million to $160 million), safeguarded the continued employment of the company’s 2,600 employees and protected the vital revenue stream provided by the company’s tax payments to multiple jurisdiction

  • The Reader’s Digest Association, a global multi-brand media and direct marketing company with more than 130 million customers in 78 countries, in their prearranged chapter 11 cases; in less than six months in bankruptcy, the company reduced its total debt by more than 75%, from more than $2.2 billion to $525 million and achieved several operational restructuring initiatives; Reader’s Digest was also the first company in five years to refinance its exit debt through a high yield bond offering, which was completed simultaneously with the chapter 11 exit

  • Hawaiian Telcom, the state of Hawaii’s incumbent telecommunications provider, in its confirmed plan of reorganization, which reduced its total funded debt obligations from approximately $1.15 billion to $300 million

  • Network Communications, Inc., a leading local media company providing lead generation, advertising and internet marketing services to the residential real estate industry, in connection with an out-of-court restructuring of approximately $300 million in outstanding indebtedness

  • White Birch Paper Company, the second largest newsprint company in North America, in its successful cross-border auction and sale process

  • UTGR, Inc. d/b/a Twin River, Rhode Island’s largest slot parlor, in its chapter 11 cases

  • Flying J, a fully-integrated oil company with operations in the field of exploration, production, refining, transportation, wholesaling and retailing of petroleum products, and one of the 20 largest privately held companies with 2007 consolidated sales in excess of $16.2 billion, in its chapter 11 case

  • Leiner Health Products, a leading United States manufacturer of store brand vitamins, minerals and nutritional supplements, in their chapter 11 cases that involved approximately $500 million of debt obligations, a negotiated resolution of a federal criminal investigation, and a highly successful sale of substantially all of Leiner’s assets

  • Platinum Equity in its capacity as sponsor and lender in the out-of-court restructuring of Yak Access, LLC, the nation’s leading provider of temporary access roads and related services, whereby among other things, the company reduced its funded debt obligations by over $500 million and Platinum funded the majority of a $121 million new money investment, retaining control of the company’s common equity

  • Riverstone Holdings LLC, its portfolio company, Talen Energy Corporation (TEC), and TEC’s wholly-owned subsidiary, Cumulus Growth Holdings LLC in the chapter 11 cases of TEC’s wholly-owned subsidiary Talen Energy Supply, LLC, which involved key settlements that paved the way for a consensual reorganization of Talen’s legacy power generation business and the Cumulus data center and cryptomining growth initiatives and allowed Riverstone to retain material equity positions in both TEC and Cumulus Growth

  • Sponsors including Riverstone, TPG, Metalmark Capital, Platinum Equity, Providence Equity Partners, Quantum Energy Partners, American Infrastructure MLP Funds, and HPS in various in-and-out-of court restructurings

  • Houston Astros in connection with the involuntary chapter 11 case commenced against the Houston Regional Sports Network and the launch of Root Sports Southwest

  • A U.S. private equity fund in connection with the formation of a joint venture with one of its mezzanine lenders as part of a restructuring and recapitalization of office properties located in California

  • Select Energy Services, Inc. as stalking-horse bidder in the chapter 11 cases of Basic Energy Services, Inc. and the successful closing of sale transaction for Select’s acquisition of substantially all assets of Agua Libre Midstream, LLC and certain water-related assets and operations of Basic

  • Ares Management Corporation in the out-of-court financial restructuring of Ocean Point Terminals (f/k/a Limetree Bay Terminals)

  • Terra Energy Partners in the $60 million acquisition of substantially all of the assets of Ursa Piceance Holdings, following a comprehensive 363 sale process and competitive auction as part of Ursa’s chapter 11 cases

  • PennEnergy Resources, LLC in connection with its purchase of substantially all of the assets of Rex Energy Corporation for $600.5 million and negotiation of a comprehensive global settlement to the chapter 11 case

  • Certain investment funds managed by the Merchant Banking Division of The Goldman Sachs Group Inc. in connection with their preferred equity investment in McDermott International, Inc. and the company’s subsequent restructuring efforts

  • TPG Pace Energy Holdings, a Special Purpose Acquisition Company and affiliate of TPG, in the $2.66 billion acquisition of oil and gas assets from EnerVest, while EV Energy Partners, an EnerVest subsidiary, was in chapter 11

  • Jonah Energy, LLC in connection with its asset purchase agreement with LINN Energy, Inc. to acquire natural gas and oil producing properties in the Jonah and Pinedale fields

  • Patterson-UTI Energy, Inc., a provider of contract drilling and pressure pumping services, in the all-stock transaction purchase agreement from Seventy Seven Energy Inc.

  • A confidential bidder in connection with SunEdison’s chapter 11 cases

  • Rice Energy Inc., an oil and gas exploration and production company, in connection with its stalking horse asset purchase agreement with a subsidiary of Alpha Natural Resources, Inc., to acquire certain assets in central Greene County, Pennsylvania through Alpha’s chapter 11 bankruptcy proceedings for $200 million

  • Houston Astros in connection with the involuntary chapter 11 case commenced against the Houston Regional Sports Network and the launch of Root Sports Southwest

  • Affiliates of Kinderhook Industries as purchaser in the sale of substantially all of the assets of AES Technologies pursuant to Section 363 of the Bankruptcy Code

  • An affiliate of Kinderhook Industries as purchaser in the sale of certain assets of Clinical Comprehensive Development, Inc., a clinical research company focusing on clinical pharmacology, central nervous system, and oncology trials, pursuant to Section 363 of the Bankruptcy Code

  • An affiliate of Kinderhook Industries as stalking horse bidder and purchaser in the sale of substantially all of the assets of Arete Sleep Health, a leading provider of integrated, high-quality sleep medicine, sleep studies, and health clinics, pursuant to Section 363 of the Bankruptcy Code

  • An affiliate of Kinderhook Industries as stalking horse bidder and purchaser in the sale of substantially all of the assets of NexPrise, a leading provider of cloud-based content management, collaboration, and process automation solutions, pursuant to Section 363 of the Bankruptcy Code

  • Official Committee of Equity Security Holders in chapter 11 cases of Core Scientific Inc., one of the largest blockchain infrastructure, hosting, digital asset mining companies in North America, where V&E successfully negotiated an extraordinary recovery for existing equity, including approximately 30% of new common stock and two tranches of warrants, which, if exercised, will result in equity holders holding approximately 54% of the total equity, as well as the right to appoint three of the seven directors on the Board of Directors at emergence

  • Talen Energy Corporation and Cumulus Growth Holdings and its subsidiaries in connection with the restructuring of Talen Energy Supply and its chapter 11 cases

  • Sable Management LLC in its capacity as an equity sponsor and certain officers and directors of Sable Permian Resources in connection with the Company’s chapter 11 cases, which resulted in a $1.3 billion credit-bid asset sale, a global settlement with key stakeholders, and confirmation of a chapter 11 plan in the U.S. Bankruptcy Court for the Southern District of Texas

  • An ad hoc term loan lender group in the prepackaged chapter 11 bankruptcy cases of MD America Energy

  • Co-counsel to ad hoc lender group in connection with Chesapeake Energy Corporation’s voluntary Chapter 11 bankruptcy. Chesapeake entered into a Restructuring Support Agreement with a majority of the Company’s creditors to eliminate approximately $7 billion of debt

  • An ad hoc group of lenders holding approximately $175 million in senior secured term debt in the prepackaged chapter 11 cases of Pioneer Energy Services Inc.

  • Blackstone Energy Partners L.P. and its portfolio company, Gavilan Resources, LLC, in an ongoing dispute with joint venture partner Sanchez Energy Corporation under their joint development agreement and in connection with Sanchez Energy Corporation’s chapter 11 cases

  • Riverstone Credit Partners as administrative agent and lender on behalf of a syndicate of lenders under a $410 million term loan facility in the restructuring of MTE Holdings and its subsequent chapter 11 cases and related litigation; engagement evolved to representation in connection with acquisition of debtor’s assets by lender affiliate pursuant to a chapter 11 plan

  • Angelo Gordon as administrative agent for a prepetition secured credit facility and a debtor-in-possession credit facility, and stalking horse bidder and purchaser of certain upstream oil and gas assets in the chapter 11 bankruptcy case of Weatherly, Oil & Gas, LLC

  • Mercuria Energy in its capacity as lender, noteholder, and equity holder in connection with Arsenal Energy’s recapitalization and chapter 11 case, including the conversion of $861 million in debt to equity through a plan confirmed in the first nine days of the chapter 11 case filed in Delaware

  • Riverstone Credit Partners in its role as secured lender and DIP lender in the chapter 11 bankruptcy case of Elk Petroleum, Inc.

  • HPS Investment Partners in connection with the out-of-court restructuring of Elk Petroleum, Inc., and its exit from the company’s capital structure

  • Sixth Street in its capacity as a joint venture partner in Jupiter JV, LP and in connection with Legacy Reserves Inc. chapter 11 cases

  • Oaktree Capital Management in the recapitalization and out-of-court restructuring of King Operating Corporation, an independent oil and gas operator

  • Riverstone Holdings in its capacity as second lien lender and private equity sponsor in connection with Fieldwood Energy’s restructuring, including the conversion of more than $1.6 billion in funded debt to equity, its $525 million new money rights offering, and the acquisition of Noble Energy’s deepwater assets in the Gulf of Mexico, all as effectuated through prepackaged chapter 11 cases

  • KKR in connection with Exco Resources’ chapter 11 cases

  • Vitol Group in connection with its analysis of liability management considerations in multiple confidential situations

  • Sixth Street in the refinancing of Northern Oil & Gas, Inc.’s first lien credit facility and subsequent uptier exchange offer of unsecured notes

  • An ad hoc group of convertible noteholders in the prepackaged chapter 11 case of Global Brokerage, Inc.

  • Highbridge Principal Strategies in connection with Shoreline Energy’s restructuring efforts and its chapter 11 cases

  • An ad hoc group of secured lenders in the out-of-court restructurings of Provo Craft and Novelty, Co.

Credentials

  • Brooklyn Law School, J.D. (Associate Managing Editor, Brooklyn Journal of International Law)
  • Bates College, B.A., Political Science
  • Chambers Global, Bankruptcy/Restructuring (USA), 2024
  • Chambers USA, Bankruptcy/Restructuring (New York), 2021–2023; Bankruptcy/Restructuring (Nationwide), 2023
  • Turnaround & Workouts, Outstanding Young Restructuring Lawyer, 2017
  • Selected to the New York Rising Stars list, Super Lawyers (Thomson Reuters), 2014–2017
  • Legal 500 U.S., Finance: Restructuring (Including Bankruptcy): Corporate, 2017–2023
  • The Best Lawyers in America© (BL Rankings, LLC), Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (New York), 2022–2024
  • IFLR1000, 2023
  • Member: American Bankruptcy Institute
  • Member: Turnaround Management Association
  • Member: Turnaround Management Association, NextGen Committee, 2015
  • Connecticut
  • New York
  • Section 363(m) Circuit Split Headed for U.S. Supreme Court Review,” Pratt’s Journal of Bankruptcy Law, Volume 18, Number 7, October 2022 (co-author)
  • “Restructuring Panel,” Independent Petroleum Association of America’s Private Capital Conference, January 2021 (panelist)
  • “Dumpster Fires 101 – Free Fall Bankruptcy Filings,” Jay L. Westbrook Bankruptcy Conference, November 2020 (panelist)
  • “Distressed Debt and Looming Maturities: Liability Management and Restructuring Strategies in the Time of COVID-19,” V&E Energy Series, April 2020 (panelist)
  • “Hot Topics in the Current Restructuring Space,” Citi Energy’s Unconventional Views on Energy Conference, January 2020 (panelist)
  • “Momentive Ruling – Make Whole Litigation Controversy Continues,” V&E Restructuring & Reorganization Update E-communication, November 8, 2017 (co-author)
  • Kentucky & Mineral Law Conference, “Access to Capital – Creative Financing Options,” October 2017 (speaker)
  • “Shipping and Offshore Restructuring & Distressed Investing,” Marine Money Week, June 2017 (panelist)
  • “Restructurings in the Energy Industry: Lessons Learned and Recent Developments,” V&E Energy Series, April 2017 (panelist)
  • Institute for Energy Law (IEL) 68th Annual Oil and Gas Conference, “Deleveraging Energy Companies to Survive Depressed Commodity Prices,” February 17, 2017 (speaker)
  • RBC Capital Markets’ Global Energy and Power Executive Conference, “Down and Dirty of Bankruptcy, Credit Risk and Landscape,” June 2016 (speaker)
  • Goldman Sachs Energy Restructuring Conference, March 2016 (speaker)
  • “Key Considerations in Distressed Upstream M&A,” V&E Energy Series, February 2016 (panelist)
  • Business Boot Camp, Brooklyn Law School, January 8, 2013; January 9, 2014 (panelist)