Moore & Van Allen Law Firm, Attorneys
Practice Areas
  • J.D., Boston University, 2003, cum laude
  • A.B., Harvard University, 2000, cum laude
  • New York, 2004
  • U.S. District Court, Southern District of New York, 2004
  • U.S. District Court, Eastern District of New York, 2012
  • North Carolina, 2016
  • U.S. District Court, Western District of North Carolina, 2017
  • Restructuring
  • Distressed Company and Bankruptcy Litigation
  • Distressed Mergers and Acquisitions Transactions
100 North Tryon Street
Suite 4700
Charlotte, NC 28202-4003

Zachary H. Smith

Member
Overview
News & Events
Professional Affiliations

Zachary H. Smith is a Partner and the Team Leader of Moore & Van Allen's Bankruptcy & Financial Restructuring Practice. 

Smith concentrates his practice in the areas of distressed situations and bankruptcy, representing institutional lenders, strategic investors, special situation funds, debtors, receivers, board members, and other stakeholders in in-court and out-of-court restructurings, including complex restructuring matters pertaining to Puerto Rico.

Before joining Moore & Van Allen in 2013, Smith was a partner in the restructuring practice of a major New York law firm.

REPRESENTATIVE MATTERS

Smith’s representations cover a broad scope of situations, including:

Creditor/Lender/Investor Representations

  • FirstBank Puerto Rico as agent bank in the retail and commercial real estate chapter 11 cases of Komodidad Distributors, G.A. Investors, and certain affiliates, in the United States Bankruptcy Court for the District of Puerto Rico.
  • FirstBank Puerto Rico as agent bank in the restructuring of a major Puerto Rico-based hotel and convention center.
  • FirstBank Puerto Rico in the chapter 11 case of Doral Financial Corporation in the United States Bankruptcy Court for the Southern District of New York.
  • FirstBank Puerto Rico as secured lender in the restructuring of the Puerto Rico Electric Power Authority.
  • FirstBank Puerto Rico as prepetition senior secured lender to British Virgin Islands-based resort Scrub Island Development Group Limited and certain affiliates, in chapter 11 cases in the United States Bankruptcy Court for the Middle District of Florida.
  • A U.S. investor group, Putnam Bridge Funding, in its acquisition of Marina Puerto del Rey, the largest marina in the Caribbean, through a joint chapter 11 plan confirmed by the United States Bankruptcy Court for the District of Puerto Rico in May 2013.
  • A U.S. investor group, Putnam Bridge Funding, in its acquisition of La Ciudadela de Santurce, a high-profile distressed commercial and residential urban revitalization real estate project in San Juan, Puerto Rico, through two simultaneous 363 transactions approved by the United States Bankruptcy Court for the District of Puerto Rico in August 2012.
  • United States Department of Treasury and the Presidential Task Force with respect to the restructuring of General Motors.
  • Merrill Lynch/Bank of America as prepetition senior secured lender to retail jewelry company Fred Leighton Holding, Inc. and certain affiliates in chapter 11 cases in the United States Bankruptcy Court for the Southern District of New York.
  • JPMorgan Chase Bank, N.A., as agent lender in Centro Properties Group's global out-of-court restructuring.

Debtor/Distressed Company Representations

  • Filip Technologies, Inc. and certain domestic and foreign affiliates in chapter 11 cases before the United States Bankruptcy Court for the District of Delaware.
  • Caribbean Petroleum Corporation and certain affiliates in chapter 11 cases in the United States Bankruptcy Court for the District of Delaware.
  • BVI Court-appointed Receiver in connection with the Scrub Island chapter 11 cases.
  • Vertis Holdings, Inc. and certain affiliates in chapter 11 cases before the United States Bankruptcy Court for the District of Delaware, including the 363 sale of substantially all of Vertis’ assets to competitor Quad/Graphics, Inc.
  • Xerium Technologies, Inc. and certain affiliates in prepackaged chapter 11 cases in the United States Bankruptcy Court for the District of Delaware.
  • St. Vincents Catholic Medical Centers and certain affiliates in chapter 11 cases before the United States Bankruptcy Court for the Southern District of New York.
  • Loral Space & Communications Ltd. and certain affiliates in chapter 11 cases before the United States Bankruptcy Court for the Southern District of New York.
  • Parmalat Finanziaria S.p.A. and certain affiliates in a proceeding under former section 304 of the Bankruptcy Code.

TEACHING/SPEAKING ENGAGEMENTS

  • Senior Lecturing Fellow, Duke Law School, "Advising a Distressed Enterprise and Its Stakeholders," 2016 – Present
  • Panelist, “Puerto Rico’s Financial Crisis:  The Puerto Rico Oversight, Management and Economic Stability Act (PROMESA) in Action,” American Bankruptcy Institute 2017 Caribbean Insolvency Symposium, February 2017
  • Panelist, “Comprehending the Crisis:  A Survey of Puerto Rico’s History and Fiscal Situation, and Paths Forward,” American Bankruptcy Institute 2016 Caribbean Insolvency Symposium, February 2016
  • Panelist, Duke Business Law Society, "Modern Municipal Restructurings: Puerto Rico and Beyond," November 10, 2015
  • Keynote Speaker, Southern Municipal Finance Society, “Puerto Rico’s Unique Legal Landscape,” June 2015
  • Panelist, Boston University School of Law Symposium, "Modern Municipal Restructurings: Puerto Rico and Beyond," March 2015
  • Panelist, The Puerto Rico Turnaround, "Restructuring Puerto Rico," Debtwire Municipals (Harvard Club NY, June 17, 2014)
  • Panelist Puerto Rico Department of Economic Development & Commerce and Paulson & Co.'s 2014 Puerto Rico Investment Summit, “Opportunities Under Acts 20 and 22”
  • Moderator and Panelist, Boston University School of Law Symposium, "Distressed Municipal Financing: Navigating Uncharted Waters," 2014
  • Panelist, 2012 ABI Caribbean Insolvency Symposium, Beyond the Explosions: Environmental Liability, 363 Sales, and Insurance Issues in Caribbean Petroleum
  • Lecturer, Boston University School of Law, “Introduction to Financial Restructuring Practice,” 2012 – Present

PUBLICATIONS

  • Contributing Author, "The Section 363 Sale Process: Key Considerations for the Prepetition Secured Lender," The International Comparative Legal Guide to Lending & Secured Finance 2017, April 2017
  • Quoted, "Struck Down: Supreme Court Says No to Puerto Rico Restructuring Act," Turnarounds & Workouts, July/August 2016
  • Contributing Author, "Puerto Rico: Still in the Spotlight," American Bankruptcy Institute Journal, June 2015
  • Featured, "Puerto Rico Restructuring, Potential Bankruptcy Option Not a Slippery Slope," Bloomberg Brief, April 22, 2015
  • Co-Author, "Spotlight on Puerto Rico's Evolving Municipal Landscape, " Law360, March 4, 2015
  • Author, "Puerto Rico's Municipal Debt Landscape Continues to Evolve," Law360, June 4, 2014
  • Featured, "Charting a New Course: Hedge Fund's Involvement Facilitates Quick Resolution," Turnarounds & Workouts, December 2013, featuring the Marina Puerto del Rey Transaction
  • Featured, “Revitalizing San Juan: Complicated Transaction Saves Puerto Rican Company, Turnarounds & Workouts, February 2013, featuring the La Ciudadela de Santurce Transaction

Of Note

  • Honoree, American Bankruptcy Institute "40 Under 40," 2017
  • Bankruptcy "Rising Star" (one of five, nationally), Law360, March 21, 2013
  • “Outstanding Young Restructuring Lawyer” (one of twelve, nationally), Turnarounds & Workouts, May 12, 2013
  • Super Lawyers' Bankruptcy & Creditor/Debtor Rights "Rising Star," New York Metro, 2013
  • Executive Leadership Team, American Heart Association Charlotte Heart Walk, 2015-2017
  • Advisory Board Member, ABI Caribbean Insolvency Symposium, February 2016-2017


Professional Affiliations

  • Member, American Bankruptcy Institute (ABI)