Education
- University of California, Berkeley (B.A., magna cum laude, 1994)
- University of California, Hastings College of the Law (J.D. 1997)
Bar and Court Admissions
- California, 1997
- New York, 2002
Clerkships
- Law clerk, Judge John E. Ryan (Bankr. C.D. Cal. 1997-98)
Shirley S. Cho
Shirley Cho, a partner based in the firm’s Los Angeles office, has substantial experience advising key stakeholders in some of the most complex insolvency cases in recent history. Having served as an independent director of a public company, Shirley provides her clients with business-focused and effective legal solutions whether in mega chapter 11 proceedings or out-of-court workouts. Shirley counsels companies restructuring billions of dollars of debt, dozens of official committees of unsecured creditors across a variety of industries, as well as stalking-horse asset purchasers buying assets out of chapter 11. Recent engagements include representing a multi-national biopharma company, Athenex, Inc. (NYSE: ATNX), the Official Committee of Unsecured Creditors of Cineworld Group ($5B+), and Daewoo Shipbuilding Marine Engineering in its $1.2B claim in Seadrill.
Shirley has served as an expert on U.S. insolvency law in foreign proceedings and regularly speaks on insolvency topics around the world. She is currently serving as co-chair of the International Bar Association Creditors’ Rights Subcommittee. Shirley is ranked among the nation’s top Bankruptcy/ Restructuring attorneys by Chambers USA, which states that "She's always available to answer any questions with very quick, creative and smart responses.” Shirley has been selected for inclusion in Best Lawyers in America every year since 2016 and the Daily Journal’s Top 100 Women Lawyers. An active member of the community, Shirley has co-chaired several industry conferences and has served on several boards of nonprofit organizations. Shirley holds an undergraduate degree, with high honors, from the University of California, Berkeley (1994) and a JD from the University of California, College of the Law, San Francisco (1997). She is admitted to practice law in New York and California.
Representations
- Athenex (NYSE: ATNX) and its affiliates with estimated liabilities in excess of $200 million
- Official Committee of Unsecured Creditors of Party City with estimated liabilities in excess of $1.5 billion
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Official Committee of Unsecured Creditors of Cineworld Group Plc with estimated liabilities in excess of $5 billion
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Official Committee of Equity Security Holders of Tuesday Morning Corporation with equity interests reinstated
- Official Committee of Unsecured Creditors of Ascena Retail Group with estimated liabilities in excess of $1.6 billion
- Official Committee of Unsecured Creditors of J. Crew/Madewell with estimated liabilities in excess of $2.0 billion
- Daewoo Shipbuilding & Marine Engineering in its claim in excess of $1.2 billion in the Seadrill Limited chapter 11 cases and as co-chair of the Official Committee of Unsecured Creditors
- Rhodes Homes and its 30 affiliates in its chapter 11 restructuring of estimated liabilities in excess of $400 million
- Prospect Medical Holdings in its acquisition of East Orange General Hospital as stalking horse bidder in a transaction valued in excess of $100 million
- Additional debtor representations: American Suzuki Motor Corporation; True Religion Jeans; Ultura Inc.; Cyberdefender; Deb Stores; Select Staffing; Revstone Industries; Sager Creek Vegetable Company; Shea Homes; William Lyon Homes; Solyndra; Verity Health Systems; out-of-court wind energy company
- Additional creditors' committee representations: A&P Tea Company; Aéropostale; AMF Bowling; Aletheia Research; Allied Industries; Anna’s Linens; Alvion Properties; Barneys New York; B&B Bachrach; Backyard Burgers; Bakers Footwear; BCBG Max Azria; Bowe Bell & Howell; Buffet Partners/ Furr’s Cafeteria Operators; Café Holdings Corporation, Charlie Brown’s; Chassix; Circuit City; Coach America; Contract Research Solutions; Craftworks; Daphne’s Greek Café; Ditech; Don Pablo; Easy Life Furniture; ERG Resources; Event Rentals; Fairway Group; Fasteel Corporation; FoodFirst Global; Frank Theatres; Fleetwood Enterprises; Fresh & Easy Neighborhood Market; Gas City; Groeb Farms; Haggen Holdings; Hollander Sleep Products; HVI Cat Canyon; ISE Corporation; Marbles LLC; Martifer Solar; National Air Cargo; Neff Corporation; Nevada Cancer Institute; New Cal-Neva Lodge; Orchard Supply Hardware; Palm Harbor Homes; Payless ShoeSource; Payless Holdings LLC; Perkins/Marie Callender’s; Premium Transportation; Quantum Leap Restaurants; Rodeo Creek Gold; S&K Famous Brands; Savient Pharmaceuticals; SD-Charlotte LLC (Sonic); ShopKo; Signal International; Sports Authority; TK Holdings (Takata); Turnberry/MGM Grand Towers; Walking Company; Wet Seal; Whiting Petroleum
Professional Affiliations
- Member, Central District of California Local Rules Advisory Committee (2017-)
- Member, Council of Korean Americans (2019-)
- Board of trustees, University of California Hastings College of the Law (2018-2019)
- Board of directors, Asian Americans Advancing Justice (2007-2019)
- Co-chair, Association of Insolvency & Restructuring Advisors Annual Bankruptcy & Restructuring Conference (2016, 2021)
- Co-chair, American Bankruptcy Institute Battleground West (2014-2016)
- Insolvency Section officer, International Bar Association
- Board of directors, International Association of Korean Lawyers - Overseas Board (2022-2024)
News
- August 15, 2024
- June 4, 2024
- January 10, 2024
- August 17, 2023
- Chambers Global, Chambers USA, June 1, 2023
- January 2023
- August 18, 2022
- January 20, 2022
- September 2021
- August 19, 2021
- Bankruptcy Law 360, March 3, 2021
- January 2021
- August 20, 2020
- January 15, 2020
- August 15, 2019
- Daily Journal Special ReportDaily Journal, May 8, 2019
- January 30, 2019
- August 15, 2018
- January 31, 2018
- August 15, 2017
- January 25, 2017
- September 2016
- August 2016
- August 17, 2015
- Los Angeles magazine, February 2015
- Los Angeles magazine, February 2014
- July 2011
- M&A Advisor Fifth Annual Turnaround AwardsThe M&A Advisor, March 9, 2011
- April 1, 2010
Publications
- Insolvency and Restructuring International, November 2023
- Presented to the INSOL International Seoul One-Day Seminar, February 2017
- 23 Journal of the National Association of Bankruptcy Trustees 22 (No. 3 Fall 2013)
- 31 American Bankruptcy Institute Journal 14 (No. 6 July 2012), July 2012
- "Chapter 11 Bankruptcy After BAPCPA - A Closer Look at Critical Trade, Exclusivity, and Dismissal/Conversion," 63 Consumer Finance Law Quarterly Report (Spring/Summer 2009)
- Coauthor, A Comparison Shopping Guide for 363 Sales (ABI 2009)
- Coauthor, "Clear Channel Muddies the Waters of Section 363(m) Mootness Protection," 22 Bankruptcy Strategist 1 (No. 2 Dec. 2008)
- “The Intersection of Critical Vendor Orders and Bankruptcy Code Section 503(b)(9),” 29 California Bankruptcy Journal 1 (2007)
- “The Southern District of New York Adds Its Two Cents to the Catapult Debate,” 4 ABI Technology & Telecommunications Committee Newsletter (No. 2 June 2007)
- “A Closer Look at Critical Trade; Exclusivity; and Dismissal/Conversion," published in materials for American Bar Association Annual Meeting (2006)
- "The Danger Zone: Fiduciary Duty Issues Impacting Directors and Officers in the Zone of Insolvency and Beyond," published in materials for Strategies for Distressed Companies Conference (CLE Int'l Nov. 2001)
- "What To Do When Your Payor Goes Under," published in materials for American Hospitals & Health Systems Law Institute Conference (2000)
- "Continuing Economic Reform in the People's Republic of China: Bankruptcy Legislation Leads the Way," 19 Hastings International & Comparative Law Review 739 (1996), reprinted in Telescope Translation Series, 1906-2006 (China University of Political Science and Law 2018)
- Coauthor, "U.S.-Canadian Cross-Border Insolvencies -- A Survey of Recent Ancillary Proceedings," published in materials for Canadian-American Symposium on Cross-Border Insolvency Law (ABI Feb. 2005)
- Coauthor, "A Model for Canadian Cross-Border Insolvency: Core-Mark International, Inc.," 22 Bankruptcy Strategist 1 (No. 6 Apr. 2005)
- Coauthor, "The Zone of Insolvency: When Has a Company Entered Into It and, Once There, What Are the Board's Duties?" published in materials for Bankruptcy 2002: Views From the Bench (ABI 2002)
Events
- INSOL International Seoul SeminarSeoul, Korea, October 7, 2024
- 2024 American Bankruptcy Institute Central States Bankruptcy WorkshopChicago, June 19, 2024
- 30th Annual Conference of the International Association of Korean LawyersSeoul, Korea, September 15, 2023
- 28th Annual IBA Global Insolvency and Restructuring ConferenceMadrid, Spain, May 23, 2023
- NextUp Executive Leaders ForumPalos Verdes CA, August 3, 2022
- American Bankruptcy Institute Insolvency 2020Webcast, September 23, 2020
- 2019 Empower Summit: Council of Korean AmericansWashington DC, November 2, 2019
- International Bar Association Annual ConferenceSeoul, South Korea, September 24, 2019
- 27th Annual International Association of Korean Lawyers ConferenceSeoul, South Korea, September 21, 2019
- ABI Bankruptcy Battleground WestLos Angeles, March 21, 2017
- INSOL International Seoul One-Day SeminarSeoul, South Korea, February 23, 2017
- 32nd Annual Association of Insolvency & Restructuring Advisors ConferenceJune 10, 2016
- ABI 24th Annual Bankruptcy Battleground WestLos Angeles, March 11, 2016
- American Bankruptcy Institute Unsecured Trade Creditors' CommitteeDial-in conference call, February 4, 2015
- 22nd Annual ABI Bankruptcy Battleground WestLos Angeles, March 11, 2014
- 86th Annual National Conference of Bankruptcy JudgesSan Diego, October 25, 2012
- 19th Annual Bankruptcy Battleground WestLos Angeles, March 4, 2011