Charles M.Oellermann (Charlie)

Of Counsel

(T) 1.614.281.3948

Charlie Oellermann has nearly 25 years of experience representing clients in complex restructuring and bankruptcy matters. His practice focuses primarily on corporate restructuring, bankruptcy, and other insolvency-related matters. He plays leading roles in Jones Day's representation of debtors, creditors' committees, asset purchasers, and other parties in large corporate restructurings, both in court and out of court, across the country. Charlie also provides insolvency-related advice in litigation and transactional contexts. In addition, he counsels clients regularly on fraudulent conveyance, illegal dividend, preferential transfer, fiduciary duty, and corporate veil piercing issues, as well as the structuring and consummation of spin-offs, secured financings, distressed mergers and acquisitions, and other transactions. He oversees the Business Restructuring & Reorganization Practice in Jones Day's Columbus Office.

Charlie represented debtors in the chapter 11 cases of Black Diamond Mining, Loewen Group International, Montgomery Ward, National Century Financial Enterprises, and RadioShack Corporation. Other significant client matters include the representation of NRP Financial in the sale of its national broker-dealer business to LPL Financial Corporation, WL Ross & Co. as the leader of a noteholder investor group that acquired the operating assets of coal producer Horizon Natural Resources out of chapter 11, and the official committee of unsecured creditors in the Allegheny Health, Education and Research Foundation cases. He has extensive experience representing clients in bankruptcy cases involving the coal industry.

Charlie is a member of the American Bankruptcy Institute, the Ohio State Bar Association, and the Columbus Bar Association. He has published and lectured extensively on U.S. insolvency matters.

Experience

  • Former CFO prevails in Third Circuit against fiduciary-duty and fraudulent-transfer claimsJones Day obtained dismissal of all claims asserted in an adversary proceeding against the former CFO of The Standard Register Company in connection with Standard Register's 2013 acquisition of a competitor company and its subsequent bankruptcy in 2015.
  • Complete Entertainment Resources Group sells certain assets to Live Nation EntertainmentJones Day represented Complete Entertainment Resources Group, Inc. (formerly Songkick.com, Inc.), a concert discovery and artist ticketing platform, in its sale of certain assets, including CERG’s ticketing commerce platform, anti-scalping algorithm, API applications and patent portfolio, to Live Nation Entertainment, Inc. in connection with the settlement of pending litigation.
  • Cardinal Health acquires rights to Lymphoseek® from Navidea BiopharmaceuticalsJones Day advised Cardinal Health in its acquisition of Navidea Biopharmaceuticals' rights to Lymphoseek® in North America for lymphatic mapping, lymph node biopsy, and the diagnosis of metastatic spread to lymph nodes for the staging of cancer.
  • River Valley Health Partners acquired by Prime Healthcare FoundationJones Day advised River Valley Health Partners in its acquisition, which includes East Liverpool City Hospital in East Liverpool, OH, River Valley Physicians, LLC, and Ohio Valley Home Health Services, Inc., by Prime Healthcare Foundation.
  • RadioShack successfully navigates contentious bankruptcy saleJones Day represented RadioShack Corporation, the century old, iconic American retailer as lead restructuring counsel in chapter 11 cases filed in Delaware bankruptcy court on February 5, 2015.
  • Cost Company negotiates purchase order for supply of limestone blocks after supplier files for bankruptcyJones Day successfully represented Cost Company, L.P. as a contractor when Indiana Limestone Company, Inc. filed for bankruptcy under chapter 11 of the Bankruptcy Code.
  • NRP Financial sells business to LPL Financial CorporationJones Day represented NRP Financial, Inc. as the seller of the assets of a national broker-dealer business headquartered in northwest Ohio to LPL Financial Corporation in a distress asset sale transaction involving potential insolvency issues.
  • Harsco settles claims, prevails in post-bankruptcy litigation with Taylor-WhartonJones Day represented Harsco Corporation as the largest unsecured creditor and major landlord in the chapter 11 cases of pressurized gas tank and valve manufacturer Taylor-Wharton International LLC.
  • Nationally-recognized Ohio consumer products manufacturer restructures debtJones Day assisted a nationally-recognized consumer products manufacturer headquartered in Ohio with the out-of court restructuring of its first lien and second lien secured indebtedness.
  • Bombardier Trust and Fondation J. Armand Bombardier obtain dismissal of receiver action to recover payments by insolvent investment fundIn 2007, the receiver for Northshore Asset Management LLC, an insolvent investment fund, brought suit in the Southern District of New York to recover Northshore's payments on investments redeemed by Jones Day's clients Bombardier Trust (Canada) and Fondation J. Armand Bombardier.
  • Dominion Homes completes sale to buyout groupJones Day advised the Special Committee of the Board of Directors of Dominion Homes, Inc., a residential construction company, in the acquisition of the company by a buyout group consisting of companies affiliated with Angelo Gordon & Co., L.P., Silver Point Capital, L.P. and BRC Properties.
  • Black Diamond Mining files bankruptcyJones Day represented Black Diamond Mining Company and its affiliated debtors, producers of up to 2 million tons per year of steam coal in Eastern Kentucky, in their chapter 11 restructuring.
  • Tarragon finalizes standstill agreement with note holdersJones Day advised Tarragon Corporation, a real estate developer, owner, and manager, in connection with the standstill agreement from the holders of $125 million of corporate-level unsecured subordinated notes, together with an option to purchase the subordinated notes at a discount, in exchange for a subordination agreement with executives of Tarragon that hold approximately $37 million of outstanding promissory notes and the related issuance of warrants.
  • AZ Automotive completes sale to AIG Global and Orix FinanceJones Day advised AZ Automotive Corp., a provider of metal-formed components, modules, and mechanical assemblies for the worldwide automotive industry, in connection with its acquisition by AIG Global Investment Corp. and Orix Finance Corp.
  • AZ Automotive successfully restructures out-of-courtJones Day represented AZ Automotive Corporation, an automotive supplier, in its successful out-of-court restructuring.
  • Alderwoods Group in fraudulent transfer litigationJones Day represented Alderwoods Group, an affiliate of Service Corporation International, in a lawsuit commenced by a Tennessee receiver to recover an $11.5 million payment as a fraudulent transfer.
  • Air Products listed as creditor in Techneglas bankruptcyJones Day advised Air Products and Chemicals, Inc. of its creditor rights in the Techneglas chapter 11 case.
  • American Electronic Components will file claims in bankruptcy casesJones Day was retained to represent American Electronic Components in its claims involving multiple bankruptcy cases.
  • WL Ross leads buyout of Horizon Natural ResourcesJones Day advised WL Ross & Co. LLC as lead investor in a consortium in the $786 million bankruptcy buyout of Horizon Natural Resources Company, one of the US's largest producers of steam coal.
  • Additional Publications

    • April 2018The Year in Bankruptcy: 2017, Harvard Law School Bankruptcy Roundtable
    • February 2018Bankruptcy Court Rules That It Has Constitutional Authority to Grant Nonconsensual Releases in Chapter 11 Plan, Harvard Law School Bankruptcy Roundtable
    • December 2017Recent Rulings Deepen the Divide on Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially, University of Oxford Business Law Blog
    • November 2017Recent Rulings Deepen the Divide on Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially, Harvard Law School Bankruptcy Roundtable
    • October 2017Yet Another Ruling Deepens the Divide on Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially, INSOL International News Update
    • April 20162015: How Was It for Your Jurisdiction? Corporate Rescue and Insolvency
    • May 2015Tender Offer Approved to Implement Classwide Debt Exchange Outside Plan of Reorganization, Harvard Law School Bankruptcy Roundtable website
    • July 1, 2014Eighth Circuit Expands Subsequent New Value Preference Defense in Cases Involving Three-Party Relationships, Harvard Law School Bankruptcy Roundtable website
    • January 16, 2013In Re Zota's Place In The 363 Sale Debate, Bankruptcy Law360, Real Estate Law360, Contract Law360
    • October 2012Hobgoblins Return To Haunt Bankruptcy Claims Traders, Bankruptcy Law360
    • October 25, 2011Another Blow to Triangular Setoff in Bankruptcy, Banking Law360, Bankruptcy Law360, Commercial Law360, and New York Law360
    • June 21, 2011Senior Class Gifting Is Not the End of the Story, Bankruptcy Law360
    • April 2011Assumption of Liabilities - It Means What We Thought It Meant, Law Journal Newsletter, The Strategist
    • March 1, 2011PRPs With Contribution Claims: Pay Up or Skip Court, Bankruptcy Law360 and Environmental Law360
    • July 9, 2010Out-of-Court Workouts Gain Prominence as Bankruptcy Alternative, Columbus Business First
    • Spring 20092009 Is Shaping Up As Another Difficult Year for US Economy, RECOVERY
    • March 2009When Bankruptcy and Equity Collide, The Bankruptcy Strategist
    • April/May 2008When Brokers Go Broke: Subprime Meltdown May Mean More Stockbroker Bankruptcies, Association of Insolvency & Restructuring Advisors Newsletter
    • August 25, 2006Businesses Often Use Chapter 11 Bankruptcy as a Restructuring Tool, Columbus Business First

    Speaking Engagements

    • May 1, 2014
      Chapter 11: Duties of Counsel for a Debtor in Possession as Fiduciary and Responsibilities to the Estate, Columbus Bar Association Bankruptcy Law Institute
    • May 17, 2011
      The Impact of Health Care Reform on Community Hospitals: Why So Many Are in Critical Shape, William J. O'Neill Great Lakes Regional Bankruptcy Institute
    • May 2, 2008
      First Day Orders and Procedures, Columbus Bar Association CLE
    • August 18, 2005
      Bankruptcy Practice After the Bankruptcy Abuse and Consumer Protection Act of 2005
    • June 28, 2005
      The Business Provisions of the 2005 Bankruptcy Code Amendments, Jones Day CLE Program
    • March 2004
      Continued Fallout from the National Century Financial Enterprises Chapter 11 Cases
    • November 1997
      Collateral Valuation and Other Current Issues in Chapter 11 Bankruptcies
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