Andrew V. Layden

Partner

Orlando
T +1.407.649.4070
F +1.407.841.0168

One impressed client reports: "I'd put [Andrew] up there with almost anyone I've ever worked with. He is intelligent and hugely efficient."

— Chambers USA 2017

Overview

Andrew Layden is a board certified and Chambers ranked business restructuring attorney who concentrates his practice in commercial bankruptcy, troubled loan workouts, financial restructuring and commercial litigation. He represents financially distressed businesses and their owners in court supervised and out-of-court restructurings in a variety of industries, including energy, hospitality, retail, healthcare and real estate. He also advises creditors, trustees, committees and distressed asset purchasers in the areas of bankruptcy, insolvency and section 363 asset sales.   

From 2016 to 2020, Andrew served as the Orlando representative for the Local Rules Lawyers' Advisory Committee to the U.S. Bankruptcy Court for the Middle District of Florida. He was elected as a member of the board of directors of the Central Florida Bankruptcy Law Association from 2014 to 2021. Additionally, he serves in various capacities for the Business Law Section of the Florida Bar and its Bankruptcy/UCC Committee. Prior to joining the firm, Andrew served as the judicial law clerk to the Honorable Caryl E. Delano, Bankruptcy Judge for the U.S. Bankruptcy Court, Middle District of Florida.

Select Experience

Debtor Representation

  • Represented nine related companies operating investment funds primarily investing in real estate, websites and oil and gas projects in connection with their Chapter 11 bankruptcy cases. In re Pelican Real Estate, LLC.

Creditor and Committee Representation

  • Counsel to the Official Committee of Unsecured Creditors in Chapter 11 cases of Advantage Rent-A-Car and affiliated companies. In re Advantage Holdco.

Litigation and Other Restructuring Related Experience

  • Represented group of 16 defendants in actual and constructive fraudulent transfers claims for approximately $8 million brought by creditor trustee of liquidating trust, and obtained order dismissing all claims with prejudice. In re ATIF, 2020 WL 5746057 (Bankr. M.D. Fla. 2020).
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Experience

Debtor Representation

  • Represented nine related companies operating investment funds primarily investing in real estate, websites and oil and gas projects in connection with their Chapter 11 bankruptcy cases. In re Pelican Real Estate, LLC.
  • Represented multiple publicly traded oil and gas exploration and production companies in connection with their Chapter 11 bankruptcy cases. In re American Eagle Energy Corporation; In re Black Elk Energy Offshore Operations, LLC.
  • Team member in BakerHostetler’s representation of Alliance Heath and 62 related debtors in connection with their Chapter 11 cases. In re Uplift Rx LLC.
  • Represented non-profit operating a health care sharing ministry in connection with its Chapter 11 bankruptcy case. In re Sharity Ministries.
  • Represented individual Chapter 11 debtor in successfully negotiating and confirming a Chapter 11 plan which contemplated the sale of multiple restaurant franchises and related assets. In re Cosentino.
  • Represented a group of midstream energy transportation companies in connection with their Chapter 11 bankruptcy cases. In re Dakota Plains Holdings, Inc.
  • Represented multiple companies operating landfills and offering recycling services in connection with their Chapter 11 bankruptcy cases. In re Orange County Environmental, LLC.

Creditor and Committee Representation

  • Counsel to the Official Committee of Unsecured Creditors in Chapter 11 cases of Advantage Rent-A-Car and affiliated companies. In re Advantage Holdco.
  • Represented DIP lender and largest bondholder in Chapter 11 cases of healthcare facilities in California. In re Airforce Village West, Inc.
  • Counsel to creditor holding $180 million claim in solar energy tax credit fraud. In re DC Solar Solutions.
  • Team member in BakerHostetler’s representation of the Tort Claimants Committee in the Pacific Gas & Electric Company bankruptcies in California, one of the largest bankruptcy cases in U.S. history.
  • Represented the Official Committee of Unsecured Creditors in a Chapter 11 bankruptcy case of a manufacturer of Bitcoin mining computers and related hardware. In re HashFast Technologies LLC.
  • Represented one of the largest unsecured creditors in the bankruptcy case of In re Eastman Kodak.

Litigation and Other Restructuring Related Experience

  • Represented group of 16 defendants in actual and constructive fraudulent transfers claims for approximately $8 million brought by creditor trustee of liquidating trust, and obtained order dismissing all claims with prejudice. In re ATIF, 2020 WL 5746057 (Bankr. M.D. Fla. 2020).
  • Represented multiple reorganized Chapter 11 debtors and obtained a bankruptcy court order permanently preventing a group of plaintiffs from pursuing the reorganized debtors for significant contribution claims under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). In re Solitron Devices, Inc. 510 B.R. 890 (Bankr. S.D. Fla. 2014).
  • Represented a Fortune 500 company in multiple related lawsuits defending against claims of fraudulent transfer, successor liability and unfair trade practices.
  • Represented multiple business and asset purchasers in connection with section 363 sales in the entertainment, technology and healthcare industries.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States
    • Recommended in Finance - Restructuring (Including Bankruptcy): Corporate (2022)
  • Chambers USA: Bankruptcy/Restructuring in Florida (2017 to 2022)
    • Up and Coming (2021 to 2022)
    • Star Associate (2017 to 2020)
  • The Best Lawyers in America® (2023 to Present)
    • Florida: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
    • Florida: Commercial Litigation
    • Florida: Litigation - Bankruptcy
  • American Board of Certification: Board Certified in Business Bankruptcy Law (2016)
  • U.S. Bankruptcy Court, Middle District of Florida: Local Rules Lawyers’ Advisory Committee
    • Orlando Representative (2016 to 2020)
  • U.S. District Court, Middle District of Florida, Orlando Division Grievance Committee (appointed by Chief Judge to six-member committee) (2018 to 2022)
  • 89th Annual National Conference of Bankruptcy Judges: Next Generation Program (One of 40 lawyers in the nation selected to participate) (2015)
  • Florida Trend Legal Elite, Bankruptcy and Workout
    • Legal Elite or Up  and Comer (2015 to 2021)
  • Creditors' and Debtors' Practice in Florida (8th Ed.), Chapter 2: Unsecured Claims (2021), Editor

Memberships

  • American Bankruptcy Institute
  • The Florida Bar: Business Law Section 
    • Bankruptcy/UCC Committee
      • Legislative Subcommittee (2017 to 2021)
      • Task Force on Pending Legislation Modifying Florida’s Tenancy-By-The-Entireties Form of Ownership as to Personal Property: Chair (2019 to 2020)
      • Task Force on Potential Revisions to Florida Assignment for Benefit of Creditors Statute: Chair of Subcommittee on Assignee and Assignee Duties (2021)
      • Task Force on Potential Revisions to Florida Judgment Lien Statute (2021)
    • Membership Committee: Second Vice Chair (2019 to 2020)
    • Continuing Legal Education Committee (2016 to 2018)
      • Vice-Chair (2020)
      • Chair (2021)
  • Central Florida Bankruptcy Bar Association 
    • Board of Directors (2014 to 2016, 2017 to 2019, 2020 to 2022)
    • Treasurer (2018 to 2019)
    • Vice President (2020)
    • President (2021)
  • Orange County Bar Association
  • Federal Bar Association: Orlando Chapter

Community

  • Big Brothers Big Sisters of Central Florida: Volunteer (2014 to 2017)
  • Leadership Orlando, Class 89 (2015)

Pro Bono

  • Volunteers for the Middle District of Florida Bankruptcy Pro Se Clinic, offering information and guidance to individuals who choose to represent themselves in U.S. Bankruptcy Court.

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Prior Positions

  • Law Clerk to the Honorable Caryl E. Delano of the United States Bankruptcy Court for the Middle District of Florida (2010 to 2011)
  • Judicial Extern to the Honorable Maurice Paul of the United States District Court for the Northern District of Florida (2009)

Admissions

  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, Northern District of Florida
  • Florida

Education

  • J.D., University of Florida Levin College of Law, cum laude; Articles Editor, Florida Law Review; Book Awards: Tort Litigation, Law & Economics, Employment Law
  • B.S., Finance, Applied Economics, Florida State University, cum laude