Hampton Foushee advises on all aspects of bankruptcy matters and distressed workouts, including complex restructuring negotiations, forbearances, debtor-in-possession financings, Section 363 sales, secured party sales, and bankruptcy litigation. He regularly represents financial institutions, insurance companies, borrowers, and other interested parties in transactions and disputes involving distressed parties – both in-court and out-of-court.
Hampton’s clients have included B. Riley Financial, Carlyle Private Credit, Canadian Imperial Bank of Commerce, Citizens Bank, Gordon Brothers, Liberty Mutual Insurance Company, PNC Bank, Second Avenue Capital Partners, and Wells Fargo.
- Represented Citizens Bank as Prepetition ABL Agent of $450 million revolving credit facility in chapter 11 bankruptcy of Yellow Corporation.
- Represented B. Riley Financial in connection with $70 million debtor-in-possession loan to cryptocurrency miner Core Scientific, Inc.
- Represented insurance companies in numerous bankruptcy cases in connection with collateral, surety and premium disputes, as well as tort and other liabilities. Notable cases include Boy Scouts of America, Mallinckrodt, Katerra, and Cambrian Coal.
- Represented construction lender in workout negotiations involving stalled construction project valued in excess of $100 million.
- Represented secured lenders in multiple out-of-court workouts, forbearances, and related negotiations.
- Represented numerous lenders in intercreditor bankruptcy negotiations involving syndicated credit facilities.
- Represented a holder of a majority in principal amount of notes issued by mortgage origination company Stearns Holdings in connection with its chapter 11 case.
- Represented committee of unsecured creditors in extensive litigation related to chapter 11 cases of land developer and six entities, successfully subordinating claim of senior secured creditor under Bankruptcy Code § 510(b).
Education & Credentials
- New York University School of Law
- JD, 2014, cum laude
- Harvard College
- AB, 2009
U.S. District Court, Southern District of New York
U.S. District Court, District of Massachusetts
Representing Bank of America in connection with debtor-in-possession financings for Rite Aid Corporation and its subsidiaries, Choate secured final court approval for the largest ever retail and consumer product sector debtor-in-possession financing on December 22, 2023.
Choate represents Citizens Bank in connection with the bankruptcy proceeding of U.S. trucking firm Yellow Corp., which filed for Chapter 11 bankruptcy protection in federal bankruptcy court in Delaware on Sunday August 6, 2023.
Choate represented B. Riley in connection with a $70M debtor-in-possession (DIP) loan to Core Scientific, Inc., and several of its subsidiaries.