D. Farrington Yates photo
D. Farrington Yates
Lawyer
New York
800 Third Avenue
New York, New York 10022
+1 212 488 1211
New York
800 Third Avenue
New York, New York 10022
+1 212 488 1211

D. Farrington Yates is an experienced bankruptcy lawyer who focuses on complex, cross-border insolvencies and restructurings. He has successfully represented debtors, creditors, shareholders, indenture trustees, official committees, asset purchasers, investors, foreign representatives and officeholders in high-value insolvency proceedings, including U.S. Chapter 11 and Chapter 15 matters. Mr. Yates has particular experience serving as counsel in matters that involve competing creditor claims and stakeholder interests. He has represented clients worldwide, including in the U.S., Europe and Asia.

Mr. Yates often works with the firm’s international judgment enforcement team on cases involving fraud, misconduct and asset concealment.

Recognized by The Legal 500 US as “very responsive, always available and highly dedicated,” Mr. Yates has effectively counseled clients in a variety of industries through global judgment enforcement and asset recovery campaigns that have maximized recoveries in contentious cross-border insolvencies. In addition, Mr. Yates is a Fellow of INSOL International.

Prior to joining Kobre & Kim, Mr. Yates was a global practice leader and co-chair of the U.S. restructuring, insolvency and bankruptcy practice at Dentons, where he handled international bankruptcy and insolvency matters.

Admissions

  • New York
  • District of Columbia
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Education

  • University of Texas School of Law, JD
  • Duke University, BA

Accolades

  • The Legal 500, Corporate Restructuring
  • Best Lawyers in America, Bankruptcy and Creditor Debtor Rights, Insolvency and Reorganization Law
  • Legal Leaders, “Chicago’s Top Rated Lawyers” (Bankruptcy)

Select Engagements

Chapter 15 Proceedings

Mr. Yates serves as counsel to non-U. S. representatives, insolvency administrators and trustees with respect to recognition of foreign insolvency proceedings in the United States. 

  • Representation of the German insolvency administrator for Maple Bank GmbH (in Insolvenz), in U.S. Chapter 15 proceedings to facilitate monetization and collection of assets in the United States, including the liquidation of a captive U.S. broker-dealer subsidiary. 
  • Representation of the German insolvency administrator for Lehman Brothers, Bankhaus AG (in Insolvenz), in U.S. Chapter 15 proceedings and as a creditor in the U.S. Chapter 11 proceedings of Lehman Brothers Holdings Inc. to resolve and liquidate approximately US $20 billion in assets and liabilities. The U.S. Bankruptcy Court called Mr. Yates’ strategy “creative and constructive.”   
  • Representation of Cogent Fibre Inc., a Canadian manufacturer of wood products, in U.S. proceedings parallel to proposal to creditor proceedings in Toronto. 
  • Representation of the Dutch insolvency trustee for Upper Deck International NV, the manufacturer of trading cards, in U.S. Chapter 15 proceedings to resolve disputes regarding competing claims to intellectual property, claims against company principals, and to collect assets located within the United States.  

International Judgment Enforcement & Asset Recovery

Mr. Yates represents clients in disputes related to investigations and claims arising from cross-border proceedings.

  • Representation of several Swiss private banks in avoidance and recovery actions brought by the trustee for Bernard L. Madoff Investment Securities in the U.S., and in similar claims brought by the liquidator of Fairfield Sentry Limited and related feeder funds in the British Virgin Islands.
  • Representation of the Danish insolvency administrator for IT Factory A/S in U.S. Chapter 15 proceedings to search for assets, investigate claims against company principals and bring recovery actions.
  • Representation of Australian insolvency administrators for Timbercorp Pty Limited in judgment enforcement and collection actions against investors and borrowers located in the United States.

Insolvency Disputes

Mr. Yates serves as counsel with respect to disputes in insolvency and bankruptcy proceedings.

  • Under the Puerto Rico Oversight, Management and Economic Stability Act of 2016 ("PROMESA"), service as independent investigator to the Special Investigation Committee of the Financial Oversight and Management Board for Puerto Rico to perform a comprehensive review of the factors contributing to Puerto Rico's fiscal crisis.
  • Representation of the trustees of a UK pension scheme in the U.S. Chapter 11 proceedings of Sea Containers Ltd. to pursue claims for the shortfall between scheme assets and promised benefits to pensioners. 
  • Representation of an aircraft lessor in ancillary bankruptcy proceedings of an Asian airline, including the opposition to and eventual trial of the debtor's request for an injunction to prevent creditors from pursuing assets in the United States.  
  • Representation of the directors of Moly-Cop USA and affiliates with respect to claims against and obligations to Australian parent, Arrium, a mining and steel manufacturing enterprise.
 

Professional & Community Involvement

  • INSOL International, Fellow 
  • American Bar Association, Business Bankruptcy Committee and International Bankruptcy Subcommittee, Member
  • American Bankruptcy Institute, Member
  • American College of Investment Counsel, Member

Publications & Presentations

  • Co-author, "Has EU Really Made Cross-Border Asset Preservation Easier?" (Law360, June 2017)
  • Speaker, “Cross-border insolvency: UNCITRAL Model Law statutes 15 Years Later — time for an upgrade?” (International Bar Association Annual Conference, Washington DC, September 2016) 
  • Speaker, “Restructuring Issues in Key Industries: Property, Solar, Coal and Steel” (American Bankruptcy Institute, Beijing, October 2015)
  • Speaker, “EU versus US insolvency law reform,” (R3 & INSOL Europe International Restructuring Conference, London, April 2015)
  • Speaker, “Insolvency law reform in the EU — Hello Chapter 11 or goodbye NY and London?” (INSOL Regional Conference, San Francisco, March 2015)
  • Speaker, “Labor and Employment Issues in Cross-Border Cases” (American Bankruptcy Institute Annual Spring Meeting, Washington DC, April 2014)
  • Editor, Avoidance of Antecedent Transactions and Cross-Border Insolvency (INSOL, 2014)
  • Co-author, “Lack of Direction: Flaws in the Model Law” (Corporate Rescue and Insolvency, April 2012)
  • Speaker, “Is the United States Becoming the Preferred Collection Destination for Offshore Estates? The Lessons Learned from Madoff, Fairfield Sentry and Stanford,” (Insolvency Lawyers Association Annual Conference, Bedfordshire, March 2012)
  • Co-author, "Lack of Mechanism for Determination and Application of Foreign Avoidance Law in Cross-Border Insolvencies Frustrates the Intent of the Model Law" (INSOL World, Q3 2012)
  • Co-author, "Existing Theories of Cross-Border Insolvency: Observations from the US Chapter 15 Experience" (International Corporate Rescue, Vol. 9, Issue 4, 2012)
  • Speaker, “International and Comparative Insolvency Law,” (INSOL International Academics Group Meeting, Singapore, March 2011)
  • Co-author, "United States Bankruptcy Court Limits Extraterritorial Reach of Automatic Stay in Chapter 15 Proceedings" (Corporate Rescue and Insolvency, Vol. 4, February 2011)
  • Speaker, “International Case Law Update — LyondellBasell Industries A.F.; Essential Features of a Financial Restructuring Under US Chapter 11 and Suitability for Import to Europe" (R3 & INSOL Europe Cross-Border Insolvency and Restructuring Conference, June 2010)
  • Speaker, “Travel Tales: The Workout of GM and Chrysler” (Annual Review of Insolvency Law Conference, University of British Columbia, February 2010)

Credentials

Admissions

  • New York
  • District of Columbia
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Education

  • University of Texas School of Law, JD
  • Duke University, BA

Accolades

  • The Legal 500, Corporate Restructuring
  • Best Lawyers in America, Bankruptcy and Creditor Debtor Rights, Insolvency and Reorganization Law
  • Legal Leaders, “Chicago’s Top Rated Lawyers” (Bankruptcy)

Engagements

Chapter 15 Proceedings

Mr. Yates serves as counsel to non-U. S. representatives, insolvency administrators and trustees with respect to recognition of foreign insolvency proceedings in the United States. 

  • Representation of the German insolvency administrator for Maple Bank GmbH (in Insolvenz), in U.S. Chapter 15 proceedings to facilitate monetization and collection of assets in the United States, including the liquidation of a captive U.S. broker-dealer subsidiary. 
  • Representation of the German insolvency administrator for Lehman Brothers, Bankhaus AG (in Insolvenz), in U.S. Chapter 15 proceedings and as a creditor in the U.S. Chapter 11 proceedings of Lehman Brothers Holdings Inc. to resolve and liquidate approximately US $20 billion in assets and liabilities. The U.S. Bankruptcy Court called Mr. Yates’ strategy “creative and constructive.”   
  • Representation of Cogent Fibre Inc., a Canadian manufacturer of wood products, in U.S. proceedings parallel to proposal to creditor proceedings in Toronto. 
  • Representation of the Dutch insolvency trustee for Upper Deck International NV, the manufacturer of trading cards, in U.S. Chapter 15 proceedings to resolve disputes regarding competing claims to intellectual property, claims against company principals, and to collect assets located within the United States.  

International Judgment Enforcement & Asset Recovery

Mr. Yates represents clients in disputes related to investigations and claims arising from cross-border proceedings.

  • Representation of several Swiss private banks in avoidance and recovery actions brought by the trustee for Bernard L. Madoff Investment Securities in the U.S., and in similar claims brought by the liquidator of Fairfield Sentry Limited and related feeder funds in the British Virgin Islands.
  • Representation of the Danish insolvency administrator for IT Factory A/S in U.S. Chapter 15 proceedings to search for assets, investigate claims against company principals and bring recovery actions.
  • Representation of Australian insolvency administrators for Timbercorp Pty Limited in judgment enforcement and collection actions against investors and borrowers located in the United States.

Insolvency Disputes

Mr. Yates serves as counsel with respect to disputes in insolvency and bankruptcy proceedings.

  • Under the Puerto Rico Oversight, Management and Economic Stability Act of 2016 ("PROMESA"), service as independent investigator to the Special Investigation Committee of the Financial Oversight and Management Board for Puerto Rico to perform a comprehensive review of the factors contributing to Puerto Rico's fiscal crisis.
  • Representation of the trustees of a UK pension scheme in the U.S. Chapter 11 proceedings of Sea Containers Ltd. to pursue claims for the shortfall between scheme assets and promised benefits to pensioners. 
  • Representation of an aircraft lessor in ancillary bankruptcy proceedings of an Asian airline, including the opposition to and eventual trial of the debtor's request for an injunction to prevent creditors from pursuing assets in the United States.  
  • Representation of the directors of Moly-Cop USA and affiliates with respect to claims against and obligations to Australian parent, Arrium, a mining and steel manufacturing enterprise.

Professional & Community Involvement

  • INSOL International, Fellow 
  • American Bar Association, Business Bankruptcy Committee and International Bankruptcy Subcommittee, Member
  • American Bankruptcy Institute, Member
  • American College of Investment Counsel, Member

Publications & Presentations

  • Co-author, "Has EU Really Made Cross-Border Asset Preservation Easier?" (Law360, June 2017)
  • Speaker, “Cross-border insolvency: UNCITRAL Model Law statutes 15 Years Later — time for an upgrade?” (International Bar Association Annual Conference, Washington DC, September 2016) 
  • Speaker, “Restructuring Issues in Key Industries: Property, Solar, Coal and Steel” (American Bankruptcy Institute, Beijing, October 2015)
  • Speaker, “EU versus US insolvency law reform,” (R3 & INSOL Europe International Restructuring Conference, London, April 2015)
  • Speaker, “Insolvency law reform in the EU — Hello Chapter 11 or goodbye NY and London?” (INSOL Regional Conference, San Francisco, March 2015)
  • Speaker, “Labor and Employment Issues in Cross-Border Cases” (American Bankruptcy Institute Annual Spring Meeting, Washington DC, April 2014)
  • Editor, Avoidance of Antecedent Transactions and Cross-Border Insolvency (INSOL, 2014)
  • Co-author, “Lack of Direction: Flaws in the Model Law” (Corporate Rescue and Insolvency, April 2012)
  • Speaker, “Is the United States Becoming the Preferred Collection Destination for Offshore Estates? The Lessons Learned from Madoff, Fairfield Sentry and Stanford,” (Insolvency Lawyers Association Annual Conference, Bedfordshire, March 2012)
  • Co-author, "Lack of Mechanism for Determination and Application of Foreign Avoidance Law in Cross-Border Insolvencies Frustrates the Intent of the Model Law" (INSOL World, Q3 2012)
  • Co-author, "Existing Theories of Cross-Border Insolvency: Observations from the US Chapter 15 Experience" (International Corporate Rescue, Vol. 9, Issue 4, 2012)
  • Speaker, “International and Comparative Insolvency Law,” (INSOL International Academics Group Meeting, Singapore, March 2011)
  • Co-author, "United States Bankruptcy Court Limits Extraterritorial Reach of Automatic Stay in Chapter 15 Proceedings" (Corporate Rescue and Insolvency, Vol. 4, February 2011)
  • Speaker, “International Case Law Update — LyondellBasell Industries A.F.; Essential Features of a Financial Restructuring Under US Chapter 11 and Suitability for Import to Europe" (R3 & INSOL Europe Cross-Border Insolvency and Restructuring Conference, June 2010)
  • Speaker, “Travel Tales: The Workout of GM and Chrysler” (Annual Review of Insolvency Law Conference, University of British Columbia, February 2010)

"Very responsive, always available and highly dedicated."

The Legal 500 US