- OVERVIEW
- INSIGHTS
- NEWS & EVENTS
INDUSTRIES
PRACTICES
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Education
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Washington University in St. Louis,
JD, 1984
BSBA, 1981
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Admissions
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Missouri
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Affiliations
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American Bankruptcy Institute
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American Bar Association
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The Missouri Bar
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Recognitions
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Listed in "The Best Lawyers in America®, (by BL Rankings)," 1993-2024
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Named Lawyer of the Year for Litigation-Bankruptcy in St. Louis (by BL Rankings)" 2015. 2019
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Board of Directors, American College of Bankruptcy, 2019-Present
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Board of Directors, American College of Bankruptcy Foundation, 2020-Present
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Co-Chairman, Pro Bono Assistance Program for Pro Se Filers for Eastern District of Missouri, 2016-Present
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Fellow, American College of Bankruptcy, 2009-Present
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Listed in Missouri & Kansas Super Lawyers® (by Thomson Reuters), 2005-2021
Bankruptcy Creditor/Debtor Rights Law
Top 50 in St. Louis 2005-2008; 2011-2013
Top 100 in Missouri & Kansas, 2006; 2010-2013
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Eighth Circuit Regent to American College of Bankruptcy, 2014-2018
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Nominating Committee, American College of Bankruptcy, 2017
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Recipient, Turnaround of the Year from Turnaround Management Association, 2011
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Recipient, Judge Robert E. Brauer Innovations in Bankruptcy Law Award, 2005
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Employment
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Thompson Coburn LLP
Partner, 2009-Present
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Husch Blackwell Sanders LLP
Partner, 2003-2009
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Husch & Eppenberger, LLC
Partner, 1992-2003
Associate, 1984-1992
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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
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
Supreme Court decides key trademark licensee issue in bankruptcy
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