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Oksana Koltko

Oksana Koltko Rosaluk

Partner
From our years working closely with Oksana, we know her to be not only a brilliant lawyer, but also uncompromising in her dedication to her clients and their needs.
— General Counsel of Client
Chicago
About

Oksana Koltko Rosaluk is a Restructuring Partner with more than thirteen years of experience in the distressed space. Oksana’s practice consists of all aspects of company-side in-court and out-of-court restructurings, including complex reorganizations, going concern liquidations, asset sales, state liquidations and structured wind-downs, both within the U.S. and offshore. A significant focus of Oksana’s practice is cross-border restructurings (including chapter 15 representations of foreign debtors), for which she is well known in the industry.

Oksana represents companies across all sectors, although she has significant experience in REIT, regulatory, retail, healthcare, tech/IP and professional services segment as well as with distressed microfinance and FDIC receiverships.

Oksana’s success is fueled by her passion of working closely with companies and their constituency, being fully immersed in the financial and operational restructuring process alongside management and boards of directors, working together with financial advisors, investment bankers and strategic communications firms, untangling legal issues that straddle many disciplines (and often jurisdictions) and, ultimately, crafting the most optimal strategic solutions that best position businesses to maximize their enterprise value and for long-term success.

Oksana also leverages her deep knowledge of the distressed markets to bring strategic opportunities to various players in the field (through distressed acquisitions and investments, to name a few).

Areas of FocusFinanceRestructuring
Bar admissionsIllinois
Oksana is an exceptionally skilled attorney...  The legal and strategic advice that Oksana provides [was] instrumental to our successful restructuring and her ability to negotiate and manage complex issues has been extremely impressive.  . . . [A]s CEO I have a responsibility to manage and coordinate numerous constituents dealing with complex issues and place enormous value on Oksana’s ability to be pragmatic and business-minded in her legal guidance.
— Chief Executive Officer of Client
[W]hen we have needed advice and support on highly complex matters that have been critical to our success as a network, we have consistently turned to Oksana and she has always delivered top results. Many of these matters have involved issues of first impression and the stakes for us have been extraordinarily high. Oksana has always exceeded our expectations in what she has been able to deliver, even during long, complex and at times difficult negotiations.
— General Counsel and Chief Executive Officer of Client

EXPERIENCE

Representative (in-court) large Chapter 11 and Chapter 15 Debtor Cases include:
  • In re PREIT, et al., Chapter 11 Case No. 23-11974 (KBO) (Bankr. D. Del.)
  • In re North Channel Bank, GmbH & Co KG i. I., Case No. 23-11347 (Bankr. D. Del.) (German Insolvency Proceeding)
  • In re EYP Group Holdings, Inc., Chapter 11 Case No. 22-10367 (Bankr. D. Del.)
  • In re Pennsylvania Real Estate Investment Trust, et al., Chapter 11 Case No. 20-12737 (Bankr. D. Del.)
  • In re Arcadia Group (USA) Limited, [Top Shop Top Man], Case No. 19-11650 (Bankr. S.D.N.Y.) (English Administration Proceeding)
  • In re SEL Manufacturing Co., Ltd., Case No. 19-10988 (Bankr. D. Del.) (Indian Insolvency Proceeding)
  • In re Schletter GmbH, Chapter 15 Case No. 18-40169 (Bankr. W.D. N.C.) (German Insolvency Proceeding)
  • In re Katy Industries, Inc., Chapter 11 Case No. 17-11101 (Bankr. D. Del.)
  • In re Searchmetrics, Inc., Chapter 11 Case No. 17-11032 (Bankr. D. Del.)
  • In re Abengoa S.A., Chapter 15 Case No. 16-10754 (Bankr. D. Del.) (Spanish Homologation Proceeding)
  • In re Abeinsa Holding Inc., Chapter 11 Case No. 16-10790 (Bankr. D. Del.)
  • In re Velti Inc., Chapter 11 Case No. 13-12878 (Bankr. D. Del.)
  • In re Orchard Supply Hardware Stores, Inc., Chapter 11 Case No. 13-11565 (Bankr. D. Del.)
  • In re Trident Microsystems, Inc., Chapter 11 Case No. 12-10069 (Bankr. D. Del.)
  • In re PJ Finance Co., Chapter 11 Case No. 11-10688 (Bankr. D. Del.)
Significant Out-of-Court Restructurings include:
  • Representation of significant defense contractor in its out-of-court restructuring
  • Representation of a national retailer in its multi-year out-of-court restructuring
  • Representation of a global logistics group in its divisional going concern sale to several buyers
  • Representation of one of the largest microfinance companies in the world in out-of-court negotiations with its lenders with respect to its distressed foreign subsidiaries
Significant Bankruptcy-Related Litigation Representations include:
  • In re Corus Bankshares, Inc., Chapter 11 Case No. 10-26881 (Bankr. N.D. Ill.) – representation of FDIC-Receiver in a dispute over the priority of debt, i.e., a tax refund of US$265 million
  • Corus Bankshares, Inc. v. FDIC-Receiver, AP No. 10-01362 (Bankr. N.D. Ill.), reference withdrawn, Civil Case No. 10-005654 (N.D. Ill.) – representation of FDIC-Receiver in a dispute over the ownership of a tax refund
  • Corus Bankshares, Inc. v. FDIC-Receiver, AP No. (Bankr. N.D. Ill.), reference withdrawn, Civil Case No. 11-00053 (N.D. Ill.) – representation of FDIC-Receiver in its objection to the FDIC-Receiver's proof of claim
  • Rodriguez v. FDIC-Receiver, AP No. 14-01191 (Bankr. D. Colo.) – representation of FDIC-Receiver in a dispute over the ownership of a tax refund
Languages
  • English
  • Ukrainian
  • Russian
  • Polish
Education

  • University of Illinois Chicago School of Law, JD (Summa Cum Laude)
    Editor in Chief of the Law Review

  • Ivan Franko National University of Lviv, BA, International Relations
    Specialization: Diplomacy and International Organizations
    Highest Honors

Awards

  • Distressed M&A Deal of the Year (Global M&A Network - EYP Group Holdings)
  • INSOL International: The Next 40 Rising Star award
  • American Bankruptcy Institute: 40 under 40 Honoree of the Inaugural Class
  • Distressed M&A Deal of the Year (12th Annual Turnaround Award – Katy Industries)
  • Professional Services Deal of the Year (M&A Advisor Awards - EYP Group Holdings) 2022

Pro Bono

The Most Significant Matters Demonstrating Oksana's Commitment to Pro Bono:
  • Clemency Project - spearheaded the project within DLA, growing the team to over 100 lawyers and handling over 140 cases, which resulted in over 7,000 volunteer hours and a call from White House counsel, thanking the team for commitment. The project won the Justice Seymour Simon Award, given annually to one outstanding project.
  • Serving Those Who Served Us Project – successfully represented a World War II Veteran who was denied benefits for a decade because the Veteran’s Administration failed to locate documents to prove that he had served his country.
  • Advancing Education’s Project – successfully represented a struggling father who owed hundreds of thousands of dollars in erroneously calculated child support.

Bylines

  • "The Consolidated Appropriations Act of 2021: Temporary amendments to the Bankruptcy Code," January 25, 2021 (with Richard A. Chesley)
  • "Commercial bankruptcy practice in the US today: Chapters 11 and 15," January 29, 2020 (with Rachel Albanese)
  • "US: Chapter 11," America's Restructuring Review 2020, Law Business Research: December 2019 (with Rachel Albanese)
  • "US Supreme Court asked to resolve critical trademark licensing issues in bankruptcy," July 20, 2018 (with Richard A. Chesley)
  • "Protection of Intellectual Property Rights in Insolvency Proceedings," INSOL International, November 2017 (with Richard A. Chesley)

Seminars

Media Mentions

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