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Jan M. Hayden

Shareholder

Jan Hayden has handled bankruptcy and insolvency issues for her clients for more than 35 years.

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Stories from the Trenches of America's Rising Health Care Insolvencies November 16, 2018

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.

Most 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

Overview

Ms. Hayden has practiced in the corporate workout and bankruptcy arena for more than 38 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. 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 and 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.

Representative Matters
  • 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.

  • Most 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 trustee, creditors, equity interests in various nursing home matters, including most recently a multi-state matter pending in the Western District of Louisiana of more than 30 debtors.

  • 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.

Professional Honors & Activities
  • Fellow – American College of Bankruptcy
  • Board Member – American College of Bankruptcy (2018 – 2019)
  • Board Member – American College of Bankruptcy Foundation
  • Fellow – American Bar Foundation
  • Recipient – Michelle Mendez 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® since 1993 in Bankruptcy Law
  • 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 – 2017
  • Named among "Women of the Year" by New Orleans City Business, 2012
  • Recipient – New Orleans City Business 2010 and 2015 Leadership in Law Award
  • Listed in Chambers USA: America's Leading Business Lawyers in Bankruptcy/Restructuring since 2010
  • Recipient – Louisiana State Bar Association 2009 Pro Bono Publico Award
  • Since 2007 listed as one of the top 10 lawyers in Louisiana; one of the top 25 female attorneys in Louisiana; one of the top 50 attorneys in Louisiana and New Orleans by Louisiana Super Lawyers; ranked as the #1 lawyer in Louisiana, 2013
  • Co-Chairperson – Louisiana State Bar Association CLE 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
  • 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
  • Vice Chair – MCLE Committee for the State of Louisiana
Publications
Speaking Engagements
  • 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)
  • 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)
Press Releases

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

The experienced Jan Hayden is 'truly one of the leaders in the Louisiana legal market,' according to impressed interviewees. Her practice is focused on Chapter 11 reorganizations.

Jan Hayden is respected for her knowledge of bankruptcy and insolvency law, with a focus on creditors' rights and trustee work. Sources find her to be 'exceptionally good' and 'very easy to get along with.'

'Accomplished practitioner' Jan Hayden is an experienced and well-known figure in the market who comes recommended for her strengths in restructuring and creditors' rights matters. She acts for creditors, both secured and unsecured, and debtors-in-possession, and is singled out as an 'experienced, personable and straightforward attorney, who is respected in her field.

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