Charles M.Oellermann (Charlie)

Of Counsel

Columbus + 1.614.281.3948

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Charlie Oellermann has more than 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 River Valley Health Partners in the acquisition of its hospital and related entities by Prime Healthcare Foundation, 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

  • Wells Fargo provides Chapter 11 financial reorganization plan for CBL PropertiesJones Day advised Wells Fargo Bank, National Association, as administrative agent, in connection with the Chapter 11 financial reorganization plan of and secured exit financing for CBL Properties (“CBL”), a publicly traded real estate investment trust that owns and manages a portfolio of shopping malls.
  • 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.
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    January 2023 Newsletters

    Appeal of Unstayed Order Approving Bankruptcy Sale of Real Property Free and Clear of Lease and Related Settlement Agreement Dismissed as Moot

    January 2023 Newsletters

    The Year In Bankruptcy: 2022

    September 2022 Newsletters

    Second Circuit Rules that Bankruptcy Courts May Award Appellate Legal Fees as Sanction for Contempt

    May 2022 Newsletters

    Bright-Line Rule: No Modification of Substantially Consummated Chapter 11 Plan

    January 2022 Newsletters

    The Year in Bankruptcy: 2021

    January 2022 Newsletters

    Another New York District Court Widens the Bankruptcy Code's Securities Contract Safe Harbor

    February 2021 Newsletters

    The Year in Bankruptcy: 2020

    February 2021 Newsletters

    Business Restructuring Review | January–February 2021

    September-October 2020 Newsletters

    "Flip Clause" Payments to Lehman Brothers Noteholders After Termination of Swap Agreement Safe Harbored in Bankruptcy

    August 2020 Newsletters

    Force Majeure Clause Triggered by Pandemic Shutdown Order Partially Relieves Chapter 11 Debtor from Timely Paying Postpetition Rent
    View All

    Additional Publications

    • August 2019
      How Debtors Are Fighting The Ch. 11 Fee Increase, Law360
    • March 2019
      The Year in Bankruptcy: 2018, INSOL International News Update
    • July 2018
      Debate Intensifies as to Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially, Oxford Business Law Blog
    • June 2018
      Debate Intensifies as to Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially, Harvard Law School Bankruptcy Roundtable
    • April 2018
      The Year in Bankruptcy: 2017, Harvard Law School Bankruptcy Roundtable
    • February 2018
      Bankruptcy Court Rules That It Has Constitutional Authority to Grant Nonconsensual Releases in Chapter 11 Plan, Harvard Law School Bankruptcy Roundtable
    • December 2017
      Recent Rulings Deepen the Divide on Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially, University of Oxford Business Law Blog
    • November 2017
      Recent Rulings Deepen the Divide on Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially, Harvard Law School Bankruptcy Roundtable
    • October 2017
      Yet Another Ruling Deepens the Divide on Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially, INSOL International News Update
    • April 2016
      2015: How Was It for Your Jurisdiction? Corporate Rescue and Insolvency
    • May 2015
      Tender Offer Approved to Implement Classwide Debt Exchange Outside Plan of Reorganization, Harvard Law School Bankruptcy Roundtable website
    • July 1, 2014
      Eighth Circuit Expands Subsequent New Value Preference Defense in Cases Involving Three-Party Relationships, Harvard Law School Bankruptcy Roundtable website
    • January 16, 2013
      In Re Zota's Place In The 363 Sale Debate, Bankruptcy Law360, Real Estate Law360, Contract Law360
    • October 2012
      Hobgoblins Return To Haunt Bankruptcy Claims Traders, Bankruptcy Law360
    • October 25, 2011
      Another Blow to Triangular Setoff in Bankruptcy, Banking Law360, Bankruptcy Law360, Commercial Law360, and New York Law360
    • June 21, 2011
      Senior Class Gifting Is Not the End of the Story, Bankruptcy Law360
    • April 2011
      Assumption of Liabilities - It Means What We Thought It Meant, Law Journal Newsletter, The Strategist
    • March 1, 2011
      PRPs With Contribution Claims: Pay Up or Skip Court, Bankruptcy Law360 and Environmental Law360
    • July 9, 2010
      Out-of-Court Workouts Gain Prominence as Bankruptcy Alternative, Columbus Business First
    • Spring 2009
      2009 Is Shaping Up As Another Difficult Year for US Economy, RECOVERY
    • March 2009
      When Bankruptcy and Equity Collide, The Bankruptcy Strategist
    • April/May 2008
      When Brokers Go Broke: Subprime Meltdown May Mean More Stockbroker Bankruptcies, Association of Insolvency & Restructuring Advisors Newsletter
    • August 25, 2006
      Businesses 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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