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James C. Carignan

James C. Carignan is of counsel in the Wilmington office of Pepper Hamilton LLP. He concentrates his practice primarily in the areas of bankruptcy, reorganization, creditors’ rights and out-of-court workouts.

Mr. Carignan is experienced in representing debtors, creditors' committees, estate representatives, as well as secured and unsecured creditors and commercial lessors in bankruptcy cases.

Representative cases in which Mr. Carignan has participated include:

  • debtor co-counsel in Electroglas, Inc.
  • debtor co-counsel in Nutritional Sourcing Corporation
  • debtor co-counsel in Delta Financial Corporation
  • debtor counsel in TopSpin Medical Inc.
  • committee co-counsel in Pacific Energy Resources Ltd.
  • committee co-counsel in Washington Mutual, Inc.
  • committee counsel in American LaFrance, LLC
  • committee counsel in Hoop Holdings, LLC
  • representation of secured lenders Wilmington Trust Company, Op-40, Inc., Hebron Savings Bank and Wachovia SBA Lending, Inc. in multiple Chapter 7, 11, 12 and 13 proceedings
  • representation of commercial landlords in Chapter 11 proceedings of W.R. Grace, Breuners Home Furnishings Corp., Woodhouse NL, LLC and The Rowe Companies
  • representation of large unsecured creditors and adversary litigants in Chapter 11 proceedings of Capmark Financial, Inc., Nortel Networks, Inc., Circuit City, Hancock Fabrics and Tribune Companies.
Mr. Carignan's published articles include:
  • “Supreme Court Declares Bankruptcy Courts’ Jurisdiction to Decide Counterclaims Based on State Common Law Unconstitutional” (co-author), Pepper Hamilton LLP Bankruptcy Client Alert, July 7, 2011
  • “Late Filed Appeal Denied - Computer Oversight Not ‘Excusable Neglect’” (co-author), The Legal Intelligencer, June 17, 2011
  • “Third-Party Plan Releases Require Wide Support by All Creditor Classes” (co-author), The Legal Intelligencer, October 15, 2010
  • “Fixed Quantity May Not Be Required to Satisfy Safe Harbor Defense” (co-author), The Legal Intelligencer, July 16, 2010
  • “Goody’s Family Clothing: Section 365(d)(3) Not the Only Way for Commercial Landlords to Obtain Full Payment,” The Legal Intelligencer, April 2009
  • “Success Fees Under Section 328: Be Reasonable and Specific” (co-author), The Legal Intelligencer, April 7, 2008
  • “Court of Chancery Refuses to Recognize Independent Claim for ‘Deepening Insolvency’,” Pepper Hamilton LLP Wilmington Update, January 14, 2008
  • “Third Circuit Court Rules that Credit Transaction May Qualify for Contemporaneous Exchange of New Value Defense for Purposes of Preference Statute” (co-author), Pepper Hamilton LLP Bankruptcy Update, June 20, 2007
  • “The Effect of the Bankruptcy Preference Statute (Including the Recent Amendments) in the Commercial Setting,” Bloomberg Corporate Law Journal, Summer 2006
  • “Once More Into The Breach: The Supreme Court’s Sovereign Immunity Decision In Central Virginia Community College v. Katz,” published by the American Bankruptcy Institute, March 2006
  • “Section 547: Preferences,” William L. Norton, Jr.’s Annual Survey of Bankruptcy Law, 2005 and 2004 editions
  • Materials for “The Bankruptcy Estate,” and “Ethical Considerations In Bankruptcy,” presentations before the National Conference of Bankruptcy Judges, May 2005
  • “Special Purpose Entities And Authority To File Bankruptcy,” published by the American Bankruptcy Institute, February 2003.
Mr. Carignan is a member of the American Bankruptcy Institute, the Turnaround Management Association and the American and Delaware State Bar Associations.

J.D. 2002 Villanova University School of Law
B.A. 1999 University of Central Florida

Bar Admissions
Admitted to practice in Delaware

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