David J. Messina

Partner

As an Adjunct Professor teaching Creditors’ Rights and Bankruptcy for the last thirteen years at Loyola University Law School, David J. Messina brings a unique perspective to the presentation and explanation of complex bankruptcy matters to clients.  He has nearly 30 years of experience representing a broad base of clients in connection with:

  • Problem credits
  • Workouts
  • Chapter 11 reorganizations
  • Liquidation proceedings

David has been a frequent speaker at bankruptcy law seminars, including multiple appearances as a speaker at the Annual Bankruptcy Law Seminar presented by the Louisiana bankruptcy judges and sponsored by the Louisiana State University Center for Continuing Professional Development. He has a comprehensive knowledge of the Bankruptcy Code and extensive experience in bankruptcy court litigation. He has successfully represented a broad base of clients in connection with federal and state court insolvency proceedings, including:

  • Banks and other secured creditors
  • Insurance companies
  • Utility companies
  • Suppliers
  • Purchasers of assets
  • Parties to leases, executory contracts, and license agreements
  • Chapter 11 Unsecured Creditors’ Committee
  • Debtors and debtors in possession in bankruptcy cases under Chapters 7, 11, 12, and 13

A considerable part of David’s practice also involves the representation of Chapter 7 and 11 bankruptcy trustees in connection with all aspects of their administration of bankruptcy estates, including:

  • Sales of property
  • Investigation and prosecution of preference, fraudulent conveyance and other avoidance action proceedings
  • Prosecution of discharge complaints
  • Objections to exemptions and claims
  • Disgorgement actions
  • Prosecution of substantive consolidation, alter ego, and single business enterprise remedies
  • Confirmation of Chapter 11 plans

David has successfully negotiated on behalf of clients with various governmental entities, including the IRS, HCFA (now CMS), MARAD, the PBGC, and the Louisiana Department of Revenue and Taxation.

During law school at Loyola University, David was a member of the Board of Editors of Loyola Law Review.  He served as law clerk to the Honorable Louis M. Phillips, Judge for the United States Bankruptcy Court for the Middle District of Louisiana.

PUBLICATIONS & PRESENTATIONS

  • “Entity Law in Bankruptcy: Special Issues with LLCs,” New Orleans Bar Association, 2013“
  • Bankruptcy Tips for the Non-Bankruptcy Lawyer – Pitfalls to Avoid,” The Federal Bar Association–New Orleans Chapter, 2011
  • Speaker for over twelve appearances at the Annual Bankruptcy Law Seminar for the LSU Center for Continuing Professional Development, speaking on varied topics including:
    • Bankruptcy and Gambling — The Future
    • Recent Developments
    • Section 544 and 548 Avoidance Actions
    • Pros and Cons of Filing a Chapter 7 of 13 Bankruptcy Case: How to Choose Between the Two
    • Chapter 13 – Overview of Developing Areas
    • Avoidance Action Case Law Discussion
    • Strong Arm Powers of the Trustee/Debtor in Possession and Other Selected Avoidance Topics
    • Recent Developments in Bankruptcy
    • Automatic Stay Issues

COMMUNITY INVOLVEMENT

  •  Adjunct Professor of Law at Loyola University New Orleans Law School

HONORS AND AWARDS

  • Selected for inclusion in The Best Lawyers in America ® for Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2014-2016
  • Named as a “Top Lawyer” in Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law by New Orleans Magazine, 2012-2016
  • Selected for inclusion in Louisiana Super Lawyers, 2007-2008, 2014-2017

 

Select cases in which David has successfully represented clients with substantial financial stakes include:

  • Bankruptcy counsel for the State of Louisiana, acting through the Louisiana Gaming Control Board, in connection with the 1995 Chapter 11 case filed by Harrah’s Jazz Company, the owner of the exclusive New Orleans land-based casino
  • Participation as bankruptcy counsel for Entergy Gulf States, Inc., the largest non-governmental creditor in the 1994 Chapter 11 case of Cajun Electric Power Cooperative, which at the time was one of the largest reorganization cases ever filed in the United States
  • Chapter 11 counsel for the owners of six Oklahoma nursing homes as debtors in possession
  • Bankruptcy counsel for an SEC Receiver appointed to administer the Chapter 11 estates of multiple corporations that had been used as vehicles for a multi-million dollar Ponzi scheme
  • Bankruptcy counsel for the Chapter 11 trustee of an insolvent owner of significant real estate holdings in Eastern New Orleans during the devastation caused by Hurricane Katrina
  • Bankruptcy counsel for the largest secured creditor in the Chapter 11 case of an oil and gas E&P company that resulted in the successful defeat of a cramdown plan after a lengthy confirmation hearing trial and the confirmation of a competing plan prepared on behalf of the secured creditor that paid the secured creditor in full

Key Matters

Select cases in which David has successfully represented clients with substantial financial stakes include:

  • Bankruptcy counsel for the State of Louisiana, acting through the Louisiana Gaming Control Board, in connection with the 1995 Chapter 11 case filed by Harrah’s Jazz Company, the owner of the exclusive New Orleans land-based casino
  • Participation as bankruptcy counsel for Entergy Gulf States, Inc., the largest non-governmental creditor in the 1994 Chapter 11 case of Cajun Electric Power Cooperative, which at the time was one of the largest reorganization cases ever filed in the United States
  • Chapter 11 counsel for the owners of six Oklahoma nursing homes as debtors in possession
  • Bankruptcy counsel for an SEC Receiver appointed to administer the Chapter 11 estates of multiple corporations that had been used as vehicles for a multi-million dollar Ponzi scheme
  • Bankruptcy counsel for the Chapter 11 trustee of an insolvent owner of significant real estate holdings in Eastern New Orleans during the devastation caused by Hurricane Katrina
  • Bankruptcy counsel for the largest secured creditor in the Chapter 11 case of an oil and gas E&P company that resulted in the successful defeat of a cramdown plan after a lengthy confirmation hearing trial and the confirmation of a competing plan prepared on behalf of the secured creditor that paid the secured creditor in full