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Jan M. Hayden

Shareholder
New Orleans
T: 504.566.8645
F: 504.585.6945
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Jan Hayden has handled bankruptcy and insolvency issues for her clients for nearly 40 years.

Featured Videos

COVID-19 and the Hospitality Industry: Key Restructuring Issues for Hotels and Restaurants April 8, 2020
Coronavirus: Issues Affecting the Oil and Gas Industry March 30, 2020

Featured Experience

Represented the Debtor in Possession engaged in the oilfield service industry in connection with the successful reorganization of $60 million in debt.

Represented 30 nursing home entities throughout the United States in confirming a plan within excess of $85 million of claims.

Recently represented the Unsecured Creditors' Committee in a restructure of more than $230 million in debt of 14 debtors in the oilfield service industry and successfully doubled the recovery of unsecured creditors.

Professional Biography

Ms. Hayden has practiced in the corporate workout and bankruptcy arena for nearly 40 years. As a shareholder in the Firm's New Orleans office and a member of the Financial Services Department, her practice is concentrated on assisting clients with restructuring and creditors' rights both in and out of bankruptcy proceedings. She has represented creditors and debtors in mass tort bankruptcies. She represents trustees, debtors-in-possession, committees and creditors in a broad spectrum of industries that includes manufacturing, real estate, hotels, gambling, nursing homes, airlines, convenience stores and retail operations as well as individuals. She has represented parties in the oil and gas sector since the early 1980s. Some of her more unique clients have been an alligator farm, a horse racing track and a world's fair.

Ms. Hayden serves on the American College of Bankruptcy Board, the American College of Bankruptcy Foundation Board as its vice chairperson, and served two terms as the chairperson of the Consumer Protection, Lender Liability and Bankruptcy Section of the Louisiana State Bar Association. For several years she has served as co-chair of the Louisiana State Bar Association's Continuing Legal Education Committee and currently serves as the chair of the State's MCLE Committee.

  • Represented the Debtor in Possession engaged in the oilfield service industry in connection with the successful reorganization of $60 million in debt.

  • Represented 30 nursing home entities throughout the United States in confirming a plan within excess of $85 million of claims.

  • Recently represented the Unsecured Creditors' Committee in a restructure of more than $230 million in debt of 14 debtors in the oilfield service industry and successfully doubled the recovery of unsecured creditors.

  • Represented both debtors and unsecured creditors' committees in a number of convenience store operator cases.

  • Represented several debtors in possession in numerous apartment complex cases for properties located in Louisiana and Texas.

  • Represented debtors, creditors and equity holders in distressed hotel operations both in and out of Chapter 11 proceedings.

  • Represented the Senior Lender and DIP Lender in the successful representation of an oil and gas production company.

  • Represented the trustee, creditors and equity interests in various nursing home matters.

  • Represented the debtors-in-possession in confirming liquidating plans in the Louisiana World's Fair, Jazzland and Fairgrounds Corporation.

  • Represented various purchasers of assets through 363 sales and plans of reorganization including the acquisition of a world-famous restaurant in the French Quarter.

  • Represented the unsecured creditors committee in the Knight Energy Holdings bankruptcy proceeding involving more than $250 million in defaulted debt. Negotiated with the debtor, old equity and the secured lender to secure 2.5 times the initial offer made to the unsecured creditors.

  • Represented an oil and gas exploration company, which was also a debtor-in-possession, in a Chapter 11 bankruptcy proceeding. In under six months, the debtor was able to confirm a consensual plan that converted its debt to equity, and the debtor emerged as an operating entity. The matter represents one of the few instances in which an oil and gas exploration company successfully confirmed a restructuring plan in a tightened economic climate.

  • Represented two creditors holding a secured claim and a priority claim, respectively, totaling $8.8 million in a construction company's Chapter 11 proceeding.

  • Represented a third-party bidder in connection with an 11 USC 363 bid for 13 offshore jack-up drilling rigs. The initial stalking horse bid was $19,430,000, and the ultimate successful bid by the stalking horse bidder was $23,690,000, resulting in a realization of an additional $4,260,000 for the bankruptcy estate.

  • Represented an oil and gas company in its capacity as liquidating trustee in the Virgin Oil Liquidating Trust bankruptcy proceedings. Achieved the tentative settlement of disputes in multi-party litigation and mediation arising out of the liquidation of the bankrupt oil company's $5 million in assets, including the resolution of competing interests of the government's requirements for abandoned oil and gas assets and those of creditors seeking at least a minimal distribution.

  • Successfully prosecuted the contested application of an advisory firm serving the energy sector for compensation in excess of $1 million under Section 328 from attack by a secured lender. The attack represented an effort to set aside statutory protection for professionals. A loss would have resulted in significant upheaval of the law governing compensation for professionals in bankruptcy proceedings.

  • Fellow – American College of Bankruptcy
  • Board Member – American College of Bankruptcy (2018 – Present)
  • Board Member – American College of Bankruptcy Foundation, Vice Chairperson (2019 – 2020)
  • Fellow – American Bar Foundation
  • Named to the 2020 Lawdragon 500 Leading U.S. Bankruptcy and Restructuring Lawyers
  • Recipient – Michelle Mendez Serviam Award, Fifth Circuit Bankruptcy (2016)
  • Recipient – Woman of the Year in Restructuring Award, International Women's Insolvency & Restructuring Confederation (2011)
  • Listed in The Best Lawyers in America® in Bankruptcy Law (1993 – Present)
  • Named The Best Lawyers in America® 2013 New Orleans Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law "Lawyer of the Year;" 2014 and 2012 New Orleans Bankruptcy Litigation "Lawyer of the Year;" 2010 New Orleans Bankruptcy and Creditors' Rights "Lawyer of the Year"
  • Named among "Ones to Watch" by New Orleans City Business (2013)
  • Recognized as a "Top Lawyer" by New Orleans Magazine (2013, 2015 – 2019)
  • Named among "Women of the Year" by New Orleans City Business (2012)
  • Recipient – New Orleans City Business Leadership in Law Award (2010, 2015)
  • Listed in Chambers USA: America's Leading Business Lawyers in Bankruptcy/Restructuring (2010 – Present)
  • Recipient – Louisiana State Bar Association Pro Bono Publico Award (2009)
  • Listed by Louisiana Super Lawyers as one of the top 25 female attorneys in Louisiana (2007– Present); one of the top 50 attorneys in Louisiana and New Orleans; one of the top 10 lawyers in Louisiana (2007 – 2021); ranked as the #1 lawyer in Louisiana (2013)
  • Chair – Louisiana State Bar Association MCLE Committee
  • Fellow – Louisiana State Bar Foundation, Member of the Grants Committee
  • Chairperson – Louisiana State Bar Bankruptcy Section
  • Member – Louisiana, New Orleans, American and Federal Bar Associations
  • Co-chair – The New Orleans Bar Association Delegation to Paris
  • Vice President – New Orleans Bar Association Board of Directors
  • Member – American Bankruptcy Institute
  • Named to Louisiana State University Hall of Fame
  • Member – Board of Directors for Turnaround Management Association, New Orleans Chapter
  • Member – IWIRC, Member of the Board of the Louisiana Network
  • Chair – Pro Bono Project of New Orleans 
  • Chair – Second Harvest Food Bank of Greater New Orleans and Acadiana Board
  • Co-presenter – "International Financing and Restructuring," The New Orleans Bar Association Delegation to Paris (May 2019)
  • Co-presenter – "The Bankruptcy Code is 40 Years Old and We Are Still Learning!," Louisiana State Bar Association (April 2019)
  • Speaker – "Third Party Releases and Exculpations," ABA Business Bankruptcy and NCBJ Annual Meeting, San Antonio, Texas (November 2018)
  • Panelist – "Commercial and Chapter 11 Issues and Developments," 24th Annual Bankruptcy Law Seminar, LSU Law Center (November 2018)
  • Speaker – "Professionalism: Even After Go Set a Watchman, Atticus Finch is not out of style!," LSU Law Alumni (October 2018)
  • Speaker – "Securing Payments for Panama" and "Vessel Seizures & Bankruptcy," New Orleans Bar Association 2018 Delegation to the Republic of Panama (September 2018)
  • Moderator – "Ethics Truth of Consequences," New Orleans Bar Association Bench Bar Conference (April 2018)
  • Panelist – "Commercial Bankruptcy Decisions That Impact Consumer Bankruptcy Cases, and Vice Versa," Fifth Circuit Bench Bar Conference, New Orleans (February 2018)
  • Panelist – "Catch Me if You Can: Strategies to Stop the Shell Game – Successor Liability," National Association of Bankruptcy Trustees Annual Convention (2017)
  • Speaker – "Professional … Who is and Who is Not," New Orleans Bar Association (December 2017)
  • Speaker – "Litigating in Bankruptcy Court: First Things First – Don't Tell the Bankruptcy Court You Know Nothing About Bankruptcy…and Other Helpful Hints," Louisiana State Bar Association (December 2017)
  • Co-presenter – "In the Oil Patch, 363 Sales Ain't What They Used to Be," American College of Bankruptcy, Fifth Circuit Program (April 2016)
  • Speaker and Co-author – "O.K. Since Marathon, We Have Been Talking About Bankruptcy Court's Authority to Decide...Did Wellness International Settle Anything?," Louisiana State Bar Association (December 2015)
  • Speaker – "Chapter 11: Representing the Trustee, the Debtor, the Unsecured Creditors Committee," Louisiana State Bar Association (December 2015)
  • Speaker – "Bankruptcy for Non Bankruptcy Lawyer," Association of General Counsel (November 2015)
  • Speaker – "The Interplay of Bankruptcy and Oil and Gas Law," New Orleans Bar Association (October 2015)
  • Speaker – "Bankruptcy for Non Bankruptcy Lawyers," Louisiana State Bar Association's Annual Meeting, San Destin, Florida (June 2015)
  • Speaker – "Preparing for the Worst? What to Do When Your Debtor Declares Bankruptcy," National Oil Service and Supply Group Meeting of NACM Gulf Coast, Houston, Texas (March 2015)
  • Speaker – "Litigations Skill Panel," ABI Consumer Bankruptcy Conference (January 2015)
  • Speaker – "Bankruptcy Recent Developments," Louisiana Bankers Association; Bank Counsel Conference (December 2014)
  • Speaker – "So You Lost Below? Don't Despair There Is Hope in the District Court and Beyond," Mississippi Bankruptcy Annual Seminar (December 2013)
  • Speaker – "Can You Really Confirm This Plan? An Analysis of Various Plans' Provisions From Real Chapter 11 Cases," Louisiana State Bar Association (December 2012)
  • Speaker – "Avoiding Pitfalls in Bankruptcy: Lessons Learned," Louisiana State Bar Association (December 2012)
  • Co-chair – Fifth Circuit Bench-Bar Bankruptcy Conference sponsored by The Center for American and International Law (February 2012)
  • Speaker and Co-author – "Notices Issues Within Consumer and Commercial Cases," LSU Bankruptcy Law seminar (October 2011)
  • Speaker and Co-author – "What Is A Creditor Or Debtor to Do When Going Through the Confirmation Process?," Louisiana State Bar Association (December 2009)
  • Speaker and Co-author – "The View from The Ledge: Bankruptcy Practice In These Uncertain Times," Louisiana State Bar Association (July 2009)
  • Speaker and Co-author – "The Direct Appeal under BAPCPA: Percolate or Microwave? How Litigants and the Courts Determine if an Appeal Should Go Directly to the Circuit Court," American Bar Association (October 2007)
  • Speaker and Co-author – "Channeling Injunctions and Third Party Debt: Can I Skip the Bankruptcy and Still Dump the Debt?," Louisiana State Bar (September 2007)
  • Speaker and Co-author – "Professionalism in Bankruptcy Court – A Little More Than Quoting Emily Post?," panel discussion, Louisiana State Bar (September 2007)
  • Speaker – "The Art of the Workout," Louisiana Bankers Association and TMA (January 2006)
  • Speaker – "Recent Developments in Mass Tort and Insurance Bankruptcy," ABA Spring Meeting (January 2006)
  • Speaker and Co-author – "I Don't Do Bankruptcy, I Don't Need to Know About the New Laws...Do I?," FBA (January 2005)

Practices

Industries

Education

  • Paul M. Hebert Law Center of Louisiana State University, J.D., 1979
    • Order of the Coif and Law Review
  • Louisiana State University, B.A., 1976

Admissions

  • Louisiana, 1979
  • All District Courts of Louisiana
  • U.S. Fifth Circuit Court of Appeals

'[Jan Hayden's] strength is her vast experience in reorganizations and her excellent negotiating skills,' lauds one client, adding: 'She knows bankruptcy law and gets results.'

From Chambers USA 2020

Jan Hayden offers impressive experience in the bankruptcy arena. She acts for debtors-in-possession, creditors' committees, secured creditors and trustees in connection with in-court and out-of-court restructurings. Sources consider her 'an outstanding attorney' who is 'very practical and result-oriented.'

From Chambers USA 2019

Jan Hayden is regarded as a 'top-notch lawyer.'

From Chambers USA 2020

Featured Media

A Conversation with Jan M. Hayden: Making Dollars and Cents of a 40-Year Career in Bankruptcy and Restructuring
Publication / July 22, 2021
80 Baker Donelson Attorneys Ranked in Chambers USA 2021
Press Release / May 25, 2021
20 Baker Donelson Attorneys Named to 2021 Louisiana Super Lawyers List
Press Release / December 30, 2020
The Daschle Group The Howard Baker Forum
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