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David Warfield

Partner

St. Louis
314 552 6079 314 552 6079 direct


David is a 30-year veteran of the financial restructuring world who provides practical, straight-forward advice to all types of institutions that interact with a distressed business.

As the lead attorney for multiple high-profile matters, David is skilled at managing complex restructurings and unraveling the competing interests of all relevant parties. In both in-court bankruptcies and out-of-court workouts, David has led work on many complex, multi-party matters, including one recent case involving a large-scale fraud and tens of thousands of consumer claims. His clients include debtors, senior secured lenders, bondholders, creditors' committees, receivers and asset purchasers.

Tapping his business education, David looks for creative solutions that satisfy the diverse constituencies of a distressed business. He puts a premium on speed, as value erodes and options diminish nearly every day in a financial restructuring. David's quick thinking and persistence helps clients preserve value and plan for the future even as "the ice cube melts."

Blogs

Subchapter V Practice in the Eighth Circuit: The First Four Years

Supreme Court rules section 363(m) limitations on bankruptcy sale appeals not jurisdictional

Chapter 12 family farmer cases in Missouri: An updated look inside the numbers

Johnson & Johnson: The Texas two-step and talc-related liabilities

Subchapter V in the Eighth Circuit: The data from the first 18 months

Nine Bankruptcy Code amendments included in latest appropriations bill

Why the return of NOL carry backs may be good news for some distressed corporations

Can government actions restrict creditors’ remedies during the COVID-19 emergency?

Appeals Court rules bankruptcy trustee can recover tuition payments from college

Four key takeaways from the August 2019 bankruptcy code amendments

Thompson Coburn Publications

Bankruptcy Code § 363(m) is now up for interpretation at the U.S. Supreme Court

Amendments to Chapter 12 make it easier for a family farmer to reorganize

Parsing the legal and financial impact from Detroit’s bankruptcy

TCLEs

Seven Things You Should Know About the Missouri Commercial Receivership Act

Publications

"Chapter 12 Family Farmer Cases in Missouri,"
The Missouri Banker May/June 2022

"The Three Giants of Bankruptcy Law in St. Louis," 55 Washington University Journal of Law and Policy 87
2017

Contributor
Non-Bankruptcy Alternatives 2017

"Managers of insolvent Missouri LLCs have no fiduciary duty to creditors,"
Credit Report Blog, December 2016

"Two non-conventional uses for Missouri's new receivership statute,"
Credit Report Blog, November 2016

"Chapter 12 family farmers cases in Missouri: A look inside the numbers,"
Credit Report Blog, September 2016

Moderator, "Farm Bankruptcies"
Emerging Issues in Agricultural Lending Symposium, sponsored by the University of Missouri 2016

Webinar, "Seven Things You Should Know About the New Missouri Commercial Receivership Act"
sponsored by TC 2016

Contributor, MOBar CLE
Bankruptcy Practice Deskbook 2015

"Lender Liability"
Emerging Issues in Agricultural Lending Symposium, sponsored by the University of Missouri June 2015

"Sixth Circuit rules cows can be leased";
Credit Report Blog, September 2014

"U.S. Supreme Court’s decision in Clark won’t impact inherited IRAs of Missouri residents";
Credit Report Blog, June 2014

"Could a Detroit-style bankruptcy happen here?";
St. Louis Business Journal, September 2013

Four-part series: "Why Missouri’s receivership law is due for reform";
Credit Report Blog, September 2013

"New credit agreement language goes into effect in Missouri on August 28";
Credit Report Blog, August 2013

Moderator "Current Issues in Substantive Consolidation"
Midwestern Bankruptcy Institute 2017

Contributor, Strategic Alternatives for and Against Distressed Businesses
2019 Edition 2019

Author, "The 1903 St. Louis Turf Investment Companies Scandal: Ponies and Ponzi Schemes"
116 Missouri Historical Review 48 2021

Moderator "Alternative Dispute Resolution"
Annual Bankruptcy Institute, Missouri Bar 2018

Farm Bankruptcy Update: "Trends, Laws, Procedures and Implications"
Sponsored by the University of Missouri 2019

Author, "Chapter 12 Bankruptcy Overview"
Practical Law 2019

"Johnson & Johnson: The Texas Two-Step and Talc-Related Liabilities
Blog November 3, 2021

"Subchapter V in the Eighth Circuit: The Data from the First 18 Months"
Blog September 8, 2021

"Nine Bankruptcy Code Amendments Included in the Latest Appropriations Bill
Blog December 28, 2020

"Why the Return of NOL Carry Backs May be Good News for Some Distressed Corporations
Blog June 4, 2020

"Can Government Actions Restrict Creditors' Remedies During the COVID-19 Emergency"
Blog March 19, 2020

"Appeals Court Rules Bankruptcy Trustee can Recover Tuition Payments from College"
Blog November 22, 2019

Four Key Takeaways from the August 2019 Bankruptcy Code Amendments"
Blog August 27, 2019

"Supreme Court Decides Key Trademark License Issue in Bankruptcy"
Blog May 21, 2019

"Court Rules Subordination Agreement Bars Junior Creditor from Obtaining Discovery from Senior Creditor"
Blog January 16, 2019

"Managers of Insolvent Missouri LLCs have no Fiduciary Duty to Creditors"
Blog December 7, 2016

"Amendments to Chapter 12 Make it Easier for a Family Farmer to Reorganize
Thompson Coburn Publication November 3, 2017

"Parsing the Legal and Financial Impact from Detroit's Bankruptcy"
Thompson Coburn Publication November 14, 2013

"Seven Things You Should Know About the Missouri Commercial Receivership Act"
Thompson Coburn CLE June 14, 2016

News

As corporate bankruptcies escalate, look to Thompson Coburn’s Trade Creditor Manual for guidance

David Warfield talks to Axios about Johnson & Johnson’s ‘Texas Two Step’ strategy for talc claims

NPR’s Planet Money podcast calls on Dave Warfield for episode on robocalls

Congratulations to our 14 ‘Lawyers of the Year’ for 2019

Congratulations to our 15 St. Louis ‘Lawyers of the Year’

David Warfield talks US Fidelis case on CNBC’s ‘American Greed’

Sixth Circuit rules cows can be leased

Federal judge rules sovereign immunity bars claims related to industrial development bonds

Detroit’s bankruptcy: What’s it got to do with St. Louis?

David Warfield writes article on Detroit bankruptcy for St. Louis Business Journal

Thompson Coburn closes acquisition of Lion’s Choice restaurants