Experience List
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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 and bankruptcy litigation, state court receiverships, in-court and out-of-court restructurings, and secured financing transactions. He began his career as a member of the teams 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.

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 advised power generators and marketers on ways to protect themselves from counterparty bankruptcies.

Hugh represents plaintiffs and defendants in connection with fraudulent transfer and fiduciary duty litigation in bankruptcy. 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.

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

In recent engagements, Hugh represented debtors, creditors, and trustees in bankruptcy sales conducted under section 363 of the Bankruptcy Code, including the sale of a substantial Washington gaming operation. He has substantial recent experience representing debtors in voluntary Chapter 7 cases and a petitioning creditor in an involuntary Chapter 7 case.

Representative Experience

In re Edra D. Blixseth

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

In re Altrec

Representation of bidder for assets of sporting equipment company which included negotiation of substantial post-bankruptcy financing agreement. (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 brand cafes. (2013)

In re THQ, Inc., et al.

Representation of technology company in the Chapter 11 bankruptcy of game publisher THQ, Inc. and its affiliates. (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 a 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
  • Turnaround Management Association
  • Member, Board of Directors, Consumer Education and Training Services (CENTS)

Professional Recognition

  • 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