Ana M. Alfonso is a partner in the Business Reorganization & Restructuring Department. Her practice focuses on creditors’ rights and debt restructurings both in and out of bankruptcy. She regularly advises administrative agents, steering committees, individual lenders and other credit providers facing bankruptcy and insolvency-related issues on difficult credits of all sizes. Ana has represented her clients in connection with debtor in possession financings, chapter 11 exit financings and out-of-court bridge financings in distressed situations. Her clients include traditional lenders as well as strategic investors.
Ana’s representative current and prior engagements include:
- Counsel to the prepetition second lien agent in the Samson Resources chapter 11 proceedings.
- Counsel to Wells Fargo Bank, N.A., as prepetition first lien agent in the Sabine Oil & Gas chapter 11 proceedings.
- Counsel to Bank of America, N.A., as prepetition agent, "second out" DIP agent and "first out" DIP arranger in the Patriot Coal chapter 11 proceedings.
- Counsel to Barclays Bank, PLC, as administrative agent for the first lien prepetition lenders and DIP lenders in the Velo Holdings (also known as Vertrue) chapter 11 case.
- Counsel to Bank of America, N.A., as administrative agent for the prepetition lenders, DIP lenders and exit lenders in the Fair Point Communications chapter 11 case.
- Counsel to Bank of America, N.A., as prepetition administrative agent in the chapter 11 cases of American Home Mortgage, Inc. and its affiliates
- Representing The Royal Bank of Scotland, N.V. (frequently known as ABN Amro) in connection with more than $3 billion of secured and unsecured credit exposure in the chapter 11 case of Lyondell Chemical Company.
- Advising a major financial institution in connection with the workout of a $2 billion mortgage loan portfolio.
- Representing financial institutions in connection with swap closeouts, derivatives-related litigation and commutations with distressed insurers of credit default swap exposure.
- Representing an official committee of unsecured creditors holding claims in excess of $1.8 billion against a large energy holdings company.
- Serving as part of a litigation team representing one of the world's largest banks in its efforts to enforce its rights against natural gas collateral.
- Advising one of the world's largest financial institutions as a prepetition secured creditor and postpetition lender to a large healthcare company.
- Litigating commercial contract disputes, ranging in magnitude from $1 million to $40 million, on behalf of a liquidating trustee under a chapter 11 plan.
- Serving as bankruptcy counsel to a publicly held healthcare company in a complex chapter 11 reorganization that generated more than $1 billion in distributable value to creditors.
Prior to joining Willkie in 2010, Ana was a partner at Kaye Scholer LLP.
Ana is the co-author of "Zing VII and the Future of "Bankruptcy-Remote," Asset Securitization Report (November 2011), "Second Circuit Court Of Appeals Holds ‘Gift’ From Secured Creditor To Shareholder Under A Chapter 11 Plan Violates Absolute Priority Rule," Metropolitan Corporate Counsel (April 2011) and "Calyon: Mortgage Loan Investors and Safe Harbors," New York Law Journal (January 31, 2008).
In 2016 and 2017, Ana was selected to serve on Law360’s Bankruptcy Editorial Advisory Board.