“I find enormous satisfaction in helping parties resolve their differences and reach successful commercial outcomes in complex insolvency–related disputes.
The Honorable James M. Peck retired from Morrison Foerster upon his appointment as an International Judge of the Singapore International Commercial Court in January 2024. While at Morrison Foerster, Judge Peck chaired Morrison Foerster’s Cross-Border Restructuring practice and also headed the firm’s Mediation practice. Before joining Morrison Foerster, Judge Peck served as a U.S. Bankruptcy Judge for the Southern District of New York from 2006 to 2014, where he presided over the chapter 11 and SIPA cases of Lehman Brothers and its affiliates and a number of other major chapter 11 and chapter 15 cases and wrote multiple legal decisions that have helped define the impact of safe harbors on qualified financial contracts.
By invitation, Judge Peck is a fellow of the American College of Bankruptcy and a member of the Panel of Recognized International Market Experts in Finance. He is a past president of the International Insolvency Institute, served on the board of governors of the National Conference of Bankruptcy Judges, and was judicial chair of the American Bankruptcy Institute’s annual New York City Bankruptcy Conference. Former Judge Peck currently chairs the Business Bankruptcy Advisory Committee for the Southern District of New York.
Judge Peck co-chaired the ABI’s Advisory Committee on the Safe Harbors. He is a member of the Advisory Committee of the Asian Business Law Institute, is listed as a qualified member of mediation panels maintained by INSOL International, the Singapore Mediation Center, and the Singapore International Mediation Center, and has been included on the Panel of Arbitrators for Financial Services Disputes of the Hong Kong International Arbitration Center and the Panel of Arbitrators of the Singapore International Arbitration Center.
Restructuring Round-Up Blog: Restructuring and insolvency updatesExperience
(Bankr. S.D.N.Y.) Court-appointed member of mediation team in complex adversary proceeding brought by estate representatives against officers, directors, and other parties in the chapter 11 cases of Sears Holdings Corp.
(Bankr. S.D.N.Y.) Court-appointed mediator of disputed litigation claims arising under Brazilian law and Cayman law in the chapter 11 cases of MatlinPatterson Global Advisers LLC.
(Bankr. D. Del.) Court-appointed mediator resulting in settlement of plan-related disputes in the chapter 11 cases of Gulf Coast Health Care.
Confidential successful resolution of claims against insolvent hedge fund. Selected by fund and dealer parties as facilitator to allow claims and resolve disputes in private out-of-court resolution process involving the close out of complex derivatives.
(Bankr. S.D.N.Y.) Court-appointed mediator in the chapter 11 cases of Trident Holding Co. leading to plan confirmation and settlement of alleged violations of the federal anti-kickback statute.
(Bankr. S.D.N.Y.) Court-appointed mediator in unusually complex and protracted chapter 15 caee leading to settlement of claims between Luxembourg foreign representative and U.S. creditors and consensual dismissal of the chapter 15 case.
(Bankr. D. Del.) Court-appointed mediator in adversary proceeding brought by chapter 7 trustee asserting substantial avoidance claims against multiple parties involved in a failed merger transaction.
(Bankr. S.D.N.Y.) Selected as court-appointed mediator of claims and defenses in adversary proceedings brought against a Canadian mining company based on refining of precious metals.
(Bankr. D. Del.). Appointed by bankruptcy court to resolve claims arising out of a cyber crime theft of millions of dollars held in trust for the benefit of the GUE Liquidation Trust (successor to the debtor FTD).
(Bankr. S.D.N.Y.) Court-appointed mediator engaged to resolve disputes over the disposition of funds held in reserve in the chapter 11 cases of Fairway Markets.