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Admitted to Practice

  • New York
  • Washington
  • U.S. District Court Southern District of New York
  • U.S. District Court Eastern District of New York
  • U.S. District Court Western District of Washington
  • U.S. District Court Eastern District of Washington
  • U.S. Court of Appeals 9th Circuit

Hugh McCullough

McCulloughHugh
Partner
Deputy Chair, Litigation Practice
T206.757.8189
F206.757.7189
Hugh McCullough advises clients in complex commercial litigation, bankruptcies, state court receiverships, in-court and out-of-court restructurings, and secured financing transactions. He has handled cases in a variety of courts, including arguments in the Washington Supreme Court, the Washington Court of Appeals, and the 9th Circuit Court of Appeals.

Fraudulent Transfer and Fiduciary Duty Litigation
Hugh represents plaintiffs and defendants in connection with fraudulent transfer and fiduciary duty litigation. His representations include work on behalf of a Chapter 7 trustee pursuing claims against various defendants, work on behalf of a former officer of a mortgage origination company defending against avoidance and fiduciary duty claims, and work on behalf of a former owner of a company who was sued by the company’s bankruptcy trustee. He has also defended professionals unfairly accused of acting improperly in connection with various bankruptcy cases.

Secured Financing
Hugh has experience negotiating, structuring, and securing a variety of financings in and out of bankruptcy. He represented secured creditors on post-bankruptcy credit agreements extended to Altrec, Lyondell Chemical, Quantum Fuel Systems, and WCI Communities. He also advises clients on debtor-in-possession financing orders and cash collateral orders, and represents financial institutions in troubled loans and out-of-court workouts.

Bankruptcy Sales
In recent engagements, Hugh represented debtors, creditors, and bidders in bankruptcy sales conducted under Section 363 of the Bankruptcy Code, including the sale of a producer of alternative fuel systems, the sale of a substantial Washington gaming operation, the sale of a bank in Idaho, the sale of certain assets of the maker of agricultural products, and the sale of a sporting goods retailer in Oregon.

Power Industry
Hugh's experience includes the power industry. He advises power generators and marketers on protecting their rights before and after bankruptcy. He represented parties in connection with the bankruptcy cases of Dynegy Holdings and AES Eastern Energy, each a significant power generator in the New York area. He has also advised power generators and marketers on ways to protect themselves from counterparty bankruptcies.

Airline Industry
Hugh began his career as a member of the team representing Delta Air Lines and Frontier Airlines in connection with their successful Chapter 11 bankruptcy cases. His work in the aviation industry continues with recent engagements advising clients in connection with the bankruptcy cases of American Airlines and its affiliates. He also advises clients on the structuring of aircraft sale agreements to limit bankruptcy risks.

Representative Experience

In re Quantum Fuel Systems Technologies Worldwide, Inc.

Representing the successful acquirer of certain assets of Quantum, which produced alternative fuel systems for commercial and industrial use. (Ongoing)

In re Sports Authority Holdings, Inc., et al.

Representing landlords in connection with the Chapter 11 case of a national sporting-goods retailer. (Ongoing)

In re THQ, Inc., et al.

Representing technology company in the Chapter 11 bankruptcy of game publisher THQ, Inc. and its affiliates. (Ongoing)

Barkley v. JPMorgan Chase Bank, N.A.

After obtaining summary judgment for client, briefed and argued appeal to the Washington Court of Appeals, resulting in a favorable decision published as Barkley v. Greenpoint Mortgage Funding, Inc., 190 Wn. App. 58 (2015), which the Washington Supreme Court declined to review. (2016)

OneWest Bank N.A. v. Erickson

Successfully defended client against claims that its deed of trust on property was unenforceable under Washington law; briefed and argued case in the Washington Supreme Court, resulting in a favorable opinion (published as 185 Wn.2d 43) reversing a ruling from the Court of Appeals. (2016)

In re RS Legacy Corp. f/k/a RadioShack Corp., et al.

Successfully defended client against avoidance claims asserted by the liquidating trustee for creditors of RadioShack. (2016)

In re Edra D. Blixseth

Represented Chapter 7 trustee for the bankruptcy estate of Edra D. Blixseth, a former owner of the Yellowstone Mountain Club in Montana. (2015)

In re City of Stockton

Representation of creditor in connection with the Chapter 9 bankruptcy case of Stockton, Calif. (2015)

In re Dungeness Development Associates, Inc.

Representation of a creditor in a case commenced as an involuntary Chapter 7 petition. (2015)

In re Exide Technologies

Successfully defended supplier against preference claims asserted by battery manufacturer. (2015)

In re GT Advanced Technologies Inc., et al.

Representation of landlord in the bankruptcy of a supplier for products used in smart phones. (2015)

In re KSL Media, Inc., et al.

Defended a client against a substantial preference claim. (2015)

In re Source Home Entertainment, LLC, et al.

Representation of publisher in connection with the bankruptcy of a major wholesale distributor. (2015)

In re Altrec, Inc.

Representation of bidder for assets of sporting equipment company, which included negotiation of substantial post-bankruptcy financing agreement. (2014)

In re Idaho Bancorp

Representation of bidder for assets of an Idaho bank. (2014)

In re LLS America, LLC

Representation of various defendants in fraudulent transfer actions commenced against them by the bankruptcy estate. (2014)

Stellar J Corp. v. Applied Filter Technology, Inc., et al.

Representation of lender in intercreditor dispute. (2014)

In re AES Eastern Energy, L.P.

Representation of an electrical system operator in the Chapter 11 bankruptcy case of AES Eastern and its affiliates. (2013)

In re American Airlines, Inc., et al.

Representation of clients in the Chapter 11 bankruptcy case of American Airlines, Inc., and its affiliates. (2013)

In re Cascade Ag Services, Inc.

Representation of bidder in Section 363 sale of assets of agricultural products manufacturer. (2013)

In re Dewey & LeBoeuf LLP

Advice to equipment lessor on an objection to the lessor’s claim and a threatened preference action. (2013)

In re Dynegy Holdings, Inc., et al.

Representation of an electrical system operator in the Chapter 11 bankruptcy case of Dynegy Holdings, Inc., and its affiliates. (2013)

In re Lindqust

Representation of landlord in the Chapter 11 case of a tenant’s guarantor. (2013)

In re TC Global, Inc.

Representation of bidder for assets of TC Global, Inc., which operated Tully's cafes. (2013)

In re Borders Group, Inc., et al.

Representation of Seattle's Best Coffee LLC in the Chapter 11 bankruptcy case of Borders Group, Inc. and its affiliates. (2012)

In re Consolidated Meridian Funds

Representation of investors in the consolidated Meridian Fund bankruptcy cases. (2012)

In re Evergreen Gaming Corp., et al.

Representation of Grant Thornton Limited as receiver and foreign representative in Chapter 15 cases involving several operating casinos in Washington. (2012)

In re MF Global, Inc., et al.

Representation of various parties with claims against large defunct commodities firm. (2012)

In re Snokist Growers

Representation of growers with claims against bankrupt fruit distributor. (2012)

In re Circuit City Stores, Inc., et al.

Representation of major publishing company in a preference action brought by the Circuit City liquidating trust. (2011)

In re ITI Internet Services, Inc.

Representation of financial institution in the Chapter 7 bankruptcy of a credit card processor. (2011)

Sterling Savings Bank v. Detroit Auto Works Inc.

Representation of landlord in connection with receivership in eastern Washington. (2011)

Ellis v. JPMorgan Chase Bank, N.A.

Representation of financial institution in a dispute over a refinancing loan. (2010)

In re CIT Group, Inc., et al.

Representation of major technology company with financing contracts with affiliates of CIT Group in connection with the CIT Group bankruptcy. (2010)

In re PLVTZ, Inc., et al.

Representation of newspaper publisher in a preference action brought by the PLVTZ Chapter 7 trustee. (2010)

In re Pope & Talbot, Inc., et al.

Representation of various Canadian companies in preference actions brought by the Chapter 7 trustee for Pope & Talbot. (2010)

Metropolitan Mortgage & Securities Co. v. Nationwide Life Insurance Company

Representation of financial institution in a dispute over a settlement agreement. (2010)

In re Delta Air Lines, Inc., et al.*

Representation of Delta Air Lines, Inc. and its affiliates in their Chapter 11 cases. (2009)

In re Frontier Airlines Holdings, Inc., et al.*

Representation of Frontier Airlines and its affiliates in their Chapter 11 cases. (2009)

In re Lehman Brothers Holdings Inc., et al.

Representation of major regional independent system operator in connection with Lehman's Chapter 11 cases. (2009)

In re Lyondell Chemical Company, et al.*

Representation of major secured creditor of Lyondell Chemical Company and its affiliates in one of the largest debtor-in-possession financings on record. (2009)

In re Mastro

Representation of secured creditor of Michael Mastro in Mastro's Chapter 7 bankruptcy case. (2009)

In re WCI Communities, Inc., et al.*

Representation of secured creditor of homebuilder WCI Communities and its affiliates in their Chapter 11 cases. (2009)
* Denotes experience completed at a prior firm

Additional Qualifications

  • Associate, Credit, Insolvency and Restructuring, Davis Polk & Wardwell, New York, N.Y.
  • Law Clerk, Craft Fridkin & Rhyne LLC, Kansas City, Mo.

Professional & Community Activities

  • American Bankruptcy Institute
  • Member, Board of Directors, Turnaround Management Association, Pacific Northwest Chapter
  • Vice President, Board of Directors, Consumer Education and Training Services (CENTS)
  • Member, Amicus Brief Committee, Washington State Bar Association, 2014-2016

Professional Recognition

  • Named one of the "Best Lawyers in America" in Bankruptcy and Creditor Debtor Rights by Best Lawyers, 2017-present; named in Insolvency and Reorganization Law, 2017-present
  • Listed as "Up and Coming" in Bankruptcy/Restructuring (Washington) by Chambers USA, 2016
  • Lawyers Alliance for New York 2008 Cornerstone Award for outstanding pro bono legal service (member of Davis Polk & Wardwell team led by John Fouhey)
  • Selected to "Washington Super Lawyers," Thomson Reuters, 2013-2015
"Knows the Bankruptcy Code and rules well, and is a strong communicator." -Client Quote, Chambers USA 2016