Monique Almy is a partner with Crowell & Moring and resident in the firm's Washington, D.C. office. She is on the steering committee for the firm's Corporate Group and is also a member of the Bankruptcy and Financial Services groups, providing practical insight and creative problem-solving for a wide range of clients.
Monique's practice focuses primarily on corporate bankruptcy, restructuring, and other insolvency-related matters, with an emphasis on creditors' rights. She has practiced in the area of bankruptcy and creditors' rights for more than 25 years and has extensive experience in the representation of lender syndicates, institutional investors, financial institutions, and other parties in bankruptcy cases, out-of-court workouts, enforcement of remedies, and related litigation. In her practice, Monique regularly represents secured and unsecured creditors, debtors, lessors and committees in bankruptcy cases throughout the country. She also has experience representing court-appointed fiduciaries.
During the past 25 years, Monique has become an established and recognized leader in her practice area. She is a results-oriented practitioner with a strong business background and has worked with clients across several industries, including financial institutions, privacy and cybersecurity, transportation, aerospace and defense, health care, hospitality and leisure, and retail. Monique's unique blend of experience and practicality allows her to find innovative solutions for clients. Monique is able to understand the complexity of the transaction, as well as the needs of all the parties so she can construct a strategy for success. She has handled matters across the country, coordinated with local counsel as appropriate, and has handled multi-district litigation.
Monique also has extensive real estate experience in the retail and mixed-use industries, including representing shopping center developers in development projects; representing lenders and investors involved in retail companies and development projects; represented landlord and tenants in retail leasing; representing retail clients in mergers and acquisitions.
- Medical Device Litigation
Appointed as the Trustee for BioniCare, which manufactured and sold devices featuring a unique technology for pain relief. After months of difficult negotiations, the court approved a multi-million dollar sale and unique settlement structure based on the pre-bankruptcy debt documents. In re BioniCare Medical Technologies, Inc., No. 07-16902 (Bankr. D. Md.).
- Trustee Litigation
Appointed as the Trustee for Insurance Payment Plan after litigation over an involuntary bankruptcy petition and related state court insurance receivership proceedings. In re Insurance Payment Plan, Inc., No. 12-28460 (Bankr. D. Md.).
- Canadian Insolvency Proceeding
Served as lead counsel for Alsalam Aircraft Company in dealing with international issues arising in connection with the Aveos insolvency proceedings in Canada. In re Aveos Fleet Performance Inc., No. 500-11-042345-120 (Superior Court, Province of Quebec, District of Montreal).
- Recovery of Stolen Funds
Served as lead counsel for FNC Title Services, LLC in investigating a matter of hacking from a foreign entity and the recovery of lost funds. Due to quick action and assistance from the Crowell & Moring team, 100 percent of the missing funds were recovered.
- Multi-District Representation
Served as special counsel to debtors national bankruptcy proceedings for several matters, including guidance and counseling on a variety of insolvency and bankruptcy issues, participating in and coordinating negotiations and litigation (both inside and outside of bankruptcy court) with primary bankruptcy counsel, and counseling on multi-district and cross border issues. In re Nortel Networks, Inc., No. 09-10138 (Bankr. D.Del.); In re Tribune Company, No. 08-13141 (Bankr. D.Del.); In re Eastman Kodak Company, No. 12-10202 (Bankr. S.D.N.Y.)
- Fiduciary Representation
Appointed as Chapter 7 Trustee for a government contractor that refurbished aircraft and served as lead counsel during the auction process and resulting settlement. In re Aerospace Manufacturing, No. 08-15901 (Bankr. D. Md.).
- Preference Defense
Represented Hitachi in defending a preference action in which the demand was more than $700,000. This matter was more complex than most due to the nature of the relationships between Hitachi and the various MPC entities, which pre-dated the various acquisition/spin-off transactions by Micron and Gateway. In re MPC Computers, LLC, et al., No. 08-12667 (Liquidating Trustee v. Hitachi Data Systems Corp., Adv. Pro. 10-54505) (Bankr. Del.)
- DIP Lender Representation
Represented the lead pre-petition and DIP lender and agent of a billion dollar, syndicated credit facility to a major business in the airline industry. In re US Airways Inc.
Represented the lead pre-petition and DIP lender and agent of a several hundred million dollar syndicated credit facility to a group of debtors that provide national rail system services. In re Railworks Corporation.
Represented the lead pre-petition and DIP lender and agent of a multi-million dollar, syndicated credit facility to a group of debtors that provide metal processing services. In re Lombard Acquisitions, LLC.
- Real Estate Representation
Shopping centers and retail development projects.
Disposition and financing of distressed loan portfolios (both REO and non-REO assets, as well as single asset loans on trophy properties), and bankruptcy sales and debtor-in-possession financing.
Commercial leasing transactions, including ground leases, space leases, net leases and other tax advantaged leases.
Structured finance and securitizations; representing various entrepreneurial clients in connection with their diversification, expansion, credit enhancement and joint venture/strategic alliance work.
Monique has served as a member of the Panel of Bankruptcy Trustees of the U.S. Bankruptcy Court for the District of Maryland since 1997. She also speaks at bankruptcy-related continuing legal education programs and conducts seminars for commercial lenders and other financial institutions. Monique has been recognized as a leading bankruptcy lawyer in Washington, D.C. by Chambers and Partners USA 2014, 2015, and 2016.
Admitted to practice: District of Columbia, Court of Appeals of Maryland, U.S. Bankruptcy Court for the District of Maryland, U.S. District Court for the District of Columbia, U.S. District Court for the District of Maryland
American Bankruptcy Institute, Bankruptcy Bar Association, Maryland State Bar
Deskbook: Guide to Receivership & Foreclosure
(Trigild Inc. ed. 2008-2013).
Co-Authors for District of Columbia and Maryland: Matthew W. Cheney and Monique D. Almy.
"Effective Communication is the Key to Developing and Implementing Customized Strategies to Solve Complex Financial Issues," Aspatore Books' Bankruptcy and Financial Restructuring Client Strategies
(Inside the Minds 2007).
Co-Authors: Monique D. Almy and Matthew W. Cheney.
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