Claudia R. Tobler

Claudia R. Tobler specializes in complex litigation strategy in distressed and bankruptcy-adjacent situations and restructuring contexts. With decades of corporate chapter 11 experience, Claudia has represented the full spectrum of stakeholders—including debtors, creditors, ad hoc committees, and parties in litigation and transactional matters—in some of the largest bankruptcy cases and restructuring proceedings in the U.S. and Canada. Claudia also advises special committees of the board of directors, as well as individual officers and directors, during out-of-court and in-court restructuring and transactional engagements.

Her notable representations include Marelli, KServicing (formerly Kabbage), Mallinckrodt, Endo Pharmaceuticals, Enron, and WorldCom. Prior to joining Selendy Gay, Claudia was a leader in the Corporate Restructuring and Bankruptcy practice at Paul, Weiss, Rifkind, Wharton & Garrison LLP.

Representative Matters

• Marelli Holdings Co., Ltd: Representing the Special Committee of the Board of Directors of Marelli Holdings Co., Ltd., and its affiliated debtors in the chapter 11 restructuring of Marelli, a “Tier 1” automotive supplier and one of the largest automotive components suppliers in the world, in Delaware Bankruptcy Court.
• KServicing (formerly Kabbage): Representing directors, officers, and shareholders of Kabbage, an online financial technology company, in bankruptcy-related litigation involving claims of intentional and constructive fraudulent transfers and breaches of fiduciary duties under Delaware law. The dispute stems from the directors’ and officers’ alleged breaches of fiduciary duty in managing Kabbage’s participation in the Paycheck Protection Program, and from a “spin-out” merger entered into in connection with Kabbage’s $700 million sale of its fintech business to American Express, allegedly leaving the post-merger entity insolvent and/or undercapitalized.
• STG Logistics: Representing Siemens Financial Services and Axos Financial in litigation against STG Logistics, certain of its lenders, and the administrative agent of the loans for violation of the governing credit agreement in connection with a liability management transaction that transferred away critical credit support for the plaintiffs’ loans. Siemens Financial Services and Axos Financial reached a favorable settlement following significant pre-bankruptcy litigation and STG’s subsequent Chapter 11 filing.
• Litigation Oversight Committee to Genesis Global Holdco, LLC: Representing the Litigation Oversight Committee to Genesis Global Holdco, LLC in lawsuits alleging breach of fiduciary duty, fraud, unjust enrichment, preference, and fraudulent transfer against Genesis’s parent Digital Currency Group and its founder and affiliated entities and individuals, on behalf of creditors who are owed crypto assets worth approximately $2.2 billion.
• ICON Aircraft: Represented derivative litigation plaintiffs and minority shareholders comprising many of ICON Aircraft’s former directors, officers and company founders, including former Chairman and CEO of Boeing, in connection with claims against majority shareholder alleging illegal expropriation of ICON’s intellectual property to China in ICON’s chapter 11 cases.
• Endo Pharmaceuticals: Represented an ad hoc committee of first lien, second lien, and unsecured noteholders holding approximately $3.2 billion (nearly 40%) of a specialty pharmaceutical company’s funded debt in its chapter 11 restructuring.
• Mallinckrodt PLC: Represented an ad hoc committee of noteholders of a leading global pharmaceutical company in its chapter 11 cases, including a contested confirmation trial addressing, among other things, alleged antitrust violations.
• LSC Communications: Represented an ad hoc committee of secured noteholders of a traditional and digital print products provider in its chapter 11 cases, including in connection with the court-approved sale of substantially all of its assets.
• Bumble Bee Foods: Represented one of the world’s largest branded shelf-stable seafood providers in its successful going-concern sale for $928 million through coordinated chapter 11 cases and Canadian restructuring proceedings.
• CGG S.A.: Represented certain subsidiaries of a Paris-based global geophysical and geosciences services company in their pre-negotiated chapter 11 cases by which the company equitized approximately $2 billion of unsecured debt through concurrent restructuring proceedings in France and the United States.
• Checkers Restaurants: Represented a chain of double drive-thru restaurants in recapitalization with its lenders, reducing its long-term funded debt from approximately $300 million to $75 million and obtaining new debt financing for store remodeling and other growth initiatives.