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David A. Warfield

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David is a 25-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."

Some of his recent notable representations include:

*   US Fidelis, Inc. Lead attorney for the Creditors' Committee in the Chapter 11 of the nation's largest vehicle service contract provider. As featured on a 2014 episode of CNBC's "American Greed," the case centered on $100 million scheme that resulted in a 42-state attorney general investigation and a bankruptcy settlement that satisfied millions of dollars in consumer claims.

*   Christy Refractories Company, LLC. Represented the Debtor in the Chapter 11 case of an 80-year-old company facing thousands of asbestos claims. The Bankruptcy Court confirmed a Chapter 11 plan that channeled the asbestos claims into a Section 524(g) trust — one of only two such cases in Missouri history.

*   Analytics, Inc. Represented a federal court receiver in the $25 million sale of high tech business with a large chemical testing facility. This multi-state receivership involved the interaction of Federal Priority Statute with federal income tax claims incurred during the receivership. The going concern sale preserved a large number of highly skilled jobs.

American Bankruptcy Institute
American Bar Association
American College of Bankruptcy Fellow (2009)
8th Circuit Regent (2014-present)
Bankruptcy Practice Memorial Fund
Board of Directors (2004-2012)
Local Rules Committee - U.S. Bankruptcy Court, E.D. Missouri
Chairman
The Bar Association of Metropolitan St. Louis
Past Co-Chair, Business Law Section, Bankruptcy Committee
The Missouri Bar
Turnaround Management Association, Missouri
Board Member (2000-2008)
President (2003 - 2004)
Named Lawyer of the Year for Litigation-Bankruptcy in St. Louis by "Best Lawyers®" (2015)
Listed in "The Best Lawyers in America®" (1993-2015)
Listed in "Missouri & Kansas Super Lawyers" (2005-2014)
Bankruptcy Creditor/Debtor Rights Law
Top 50 in St. Louis (2005-2008, 2011-2013)
Top 100 in Missouri & Kansas (2006, 2010-2013)
Turnaround Management Association
Finalist, 6th Annual Turnaround Award (2012) awarded by M&A Advisor
Recipient, Turnaround of the Year (2011)
American College of Bankruptcy
Fellow (2009)
Bankruptcy Practice Memorial Fund
Recipient, Judge Robert E. Brauer Innovations in Bankruptcy Law Award (2005)
Whitney Design, Inc.
Represented the Debtor in the sale of a business that faced a $35 million anti-dumping liability. Whitney sold its assets in less than 120 days — free and clear of the anti-dumping claims — in a transaction that was upheld on appeal.
PS America, Inc.
Represented a franchisor/DIP lender in the Chapter 11 of its largest franchisee. The franchisor made a debtor in possession loan to prop up the troubled company while prospective purchasers were identified. Nearly all of the stores were sold in less than 100 days after the bankruptcy case was filed.
Sunshine Heifers LLC
Represented the lessor in a federal appeal that reversed the bankruptcy court's determination that its leases were disguised security agreements.
City of Moberly
Represented the City of Moberly and its Industrial Development Authority in litigation arising out of Mamtek, a failed $40 million economic development initiative. David's clients were dismissed from both the state and federal litigation on grounds of sovereign immunity.
David A. Warfield
Washington University in St. Louis
JD (1984)
BSBA (1981)
Thompson Coburn LLP
Partner (2009-Present)
Husch Blackwell Sanders LLP
Partner (2003-2009)
Husch & Eppenberger, LLC
Partner (1992-2003)
Associate (1984-1992)
Missouri (1984)
David A. Warfield
David A. Warfield