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Jeffrey M. Carbino
Wilmington Office

1105 North Market Street
15th floor
Wilmington, DE 19801

P: 302-504-7822
F: 302-504-7820

Biography

Jeffrey M. Carbino serves as of counsel in Montgomery McCracken’s Business Department and is a member of the Bankruptcy & Financial Restructuring practice group. He has more than 26 years of experience and focuses his practice on bankruptcy and corporate reorganization.

Jeffrey has represented debtors, landlords, creditors’, committees, utility companies, equipment lessors, directors and officers, and other secured and unsecured creditors in national Chapter 11 bankruptcy proceedings and restructurings outside bankruptcy. Additional representations include: Fortune-500 companies, creditors and other parties in interest as well as individual debtors in consumer bankruptcy proceedings under Chapters 7, 11 and 13 of the Bankruptcy Code, national banks and financial institutions, lenders in negotiating and documenting secured loans, unsecured loans and securitized credit facilities, working out troubled domestic and foreign loans, agents in complex multi-lender and syndicated loans in which he drafted substantive consolidation, perfection and other opinions on behalf of his clients.

Jeffrey has defended hundreds of secured and unsecured creditors in preference and fraudulent transfer actions in bankruptcy proceedings.

Jeffrey has extensive experience in state court litigation and in receivership actions in both federal and state courts, including the Delaware Chancery Court. He is admitted to the state courts of Delaware, New Jersey and Pennsylvania and the District Court of Delaware, the District of New Jersey, the Eastern and Middle Districts of Pennsylvania and the Eastern and Southern Districts of New York.

Prior to joining Montgomery McCracken, Jeffrey was an attorney at a large international law firm. He completed judicial clerkships for the Honorable John C. Cook, United States Bankruptcy Judge for the Eastern District of Tennessee and the Honorable Stephen Raslavich, United States Bankruptcy Judge for the Eastern District of Pennsylvania.

Selected Representations

  • Represented one of the largest biogenomics and pharmaceutical testing companies in a Chapter 11 bankruptcy proceeding in the District of Delaware
  • Negotiated and drafted a loan and three tranche inter-creditor agreement upon behalf of the senior agent bank to facilitate the issuance of bonds for the mezzanine refinancing of a distressed, national real estate developer
  • Lead bankruptcy attorney on a twenty-attorney team that negotiated and closed the $300 million acquisition of the second largest aluminum extrusion company in the world by the largest aluminum extrusion company in the Bankruptcy Court for the District of Delaware that also involved a related insolvency proceeding and asset acquisition in Toronto, Ontario, Canada
  • Represented four Chinese furniture manufacturers in pursuing payment of claims, including rejection damages claims for executory sales contracts, and in letter of credit litigation in the United States District Court for the Northern District of Illinois all arising from Montgomery Wards’ Chapter 11 bankruptcy in the United States Bankruptcy Court for the District of Delaware
  • Represented secured creditor in Delaware bankruptcy case resulting in full recovery for the client, a breakup fee, default rate of interest and payment in full including attorneys’ fees
  • Represented the cash management bank in the US Airways Chapter 11 bankruptcy reorganization in the Eastern District of Virginia
  • Represented the secured creditor bank in the bankruptcy liquidation of a meat grinding company in a Chapter 11 proceeding in the District of New Jersey and in an asset sale in the Delaware Court of Chancery
  • Served as the client responsible partner for a number of national banking institutions and lead counsel in multibillion dollar loan transactions and sales of loan positions
  • Represented hundreds of preference defendants in various large bankruptcy cases pending in the Eastern and Middle Districts of Pennsylvania, the District of Delaware and the Eastern and Southern District of New York

Selected Publications

  • Co-author, Delaware’s Asset Backed Securities Facilitation Act; Will the Act Prevent the Recharacterization of a Sale of Receivables in a Seller’s Bankruptcy? 6 Delaware L. Rev. 367, 400 (2003)
  • Author, Chapter on Section 363 of the Bankruptcy Code in Norton’s on Bankruptcy (1996 through 1999)

Honors & Awards

  • Chambers USA, America’s Leading Business Lawyers Guide, Corporate Bankruptcy, 2006-2013
  • Philadelphia Business Journal, America’s Leading Lawyers for Business

Professional Activities & Achievements

  • American Bankruptcy Institute, Member
  • Consumer Bankruptcy Assistance Project, Board Member and Member of the Executive, Finance and Nominating Committees
  • Delaware American Bankruptcy Inn of Court, Charter Member
  • Eastern District of Pennsylvania Bankruptcy Conference, Member
  • Philadelphia VIP, Volunteer

Academic Achievements

Jeffrey received his J.D., cum laude, from the Delaware Law School at Widener University.