Overview

Judge Mabey is a member of the firm's Litigation section. He focuses on business bankruptcy and workouts and is recognized for his work as a court-appointed examiner, trustee and committee counsel, as well as arbitrator, mediator and expert witness in many restructuring and bankruptcy-related cases throughout the country.

Representative engagements include: Extended Stay Hotels (as examiner), Lehman Brothers (as court appointed mediator), A.H. Robins Company (as examiner with expanded powers), Cajun Electric Power Cooperative (as chapter 11 trustee), Dow Corning (as counsel for certain bondholders), Columbia Gas System (as equity committee counsel), Federated Department Stores (as counsel for the official pre-merger bondholders committee), TWA (as counsel for the pilots), Enron (as special counsel for the debtor), Boston Chicken (as an expert witness) and ASARCO (as an expert witness).

Judge Mabey is a professor of law at the University of Utah S. J. Quinney College of Law. He is the former president and chair of the American College of Bankruptcy and has served on the governing boards of the National Bankruptcy Conference and International Insolvency Institute. He was an appointee of Chief Justice Rehnquist to the U.S. Judicial Conference Bankruptcy Rules Committee and served as a contributing author to Collier on Bankruptcy.

From 1979 to 1983, he served as U.S. Bankruptcy Judge for the District of Utah.

  • Martindale-Hubbell 2019

Experience

Following are representative engagements:


Mediator

  • Lehman Brothers
  • Caldor Corporation
  • MarkAir
  • William Herbert Hunt Trust
  • Sea Launch


Examiner

  • Extended Stay, Inc. (New York)
  • A.H. Robins Company (Virginia)


Expert Witness/Consultant

  • AT&T (Expert Litigation consultant)
  • Boston Chicken (Expert Witness)
  • ASARCO (Expert Witness)


Trustee

  • Cajun Electric Power Cooperative (chapter 11 Trustee)


Committee Representations

  • Columbia Gas Systems (Equity Committee)
  • MicroAge (Creditors Committee)
  • Federated Department Stores (counsel for the official pre-merger bondholders committee)


Significant Creditor/Party In Interest Representations

  • TWA ( counsel for the pilots)
  • Dow Corning (counsel for certain bondholders)
  • Baldwin United (Counsel for Indiana Insurance Commissioner)


Expert Commentary

  • Hon. Ralph R. Mabey on In re Excel Innovations, Inc., Solidus Networks, Inc. v. Excel Innovations, Inc. (In re Excel Innovations, Inc.), 502 F.3d 1086 (9th Cir. 2007), LexisNexis Expert Commentaries, February 2008
  • Hon. Ralph R. Mabey on In re Brown & Cole Stores, LLC, Brown & Cole Stores, LLC v. Associated Grocers, Inc. (In re Brown & Cole Stores, LLC), 375 B.R. 873 (B.A.P. 9th Cir. 2007), LexisNexis Expert Commentaries, December 2007
  • Hon. Ralph R. Mabey on In re Seven Fields Development Corp., Geruschat v. Ernst & Young LLP (In re Seven Fields Development Corp.), 505 F.3d 237 (3d Cir. 2007), LexisNexis Expert Commentaries, December 2007
  • Hon. Ralph R. Mabey on In re El Toro Materials Co., Saddleback Valley Community Church v. El Toro Materials Co., Inc. (In re El Toro Materials Co., Inc.) 2007 U.S. App., Lexis 22991 (9th Cir. Oct. 1, 2007), LexisNexis Expert Commentaries, November 2007
  • Hon. Ralph R. Mabey on In re Northwest Airlines Corp., In re Northwest Airlines Corp., 366 B.R. 270 (Bankr. S.D.N.Y. 2007), LexisNexis Expert Commentaries, November 2007
  • Hon. Ralph R. Mabey on In re Adbox, Metcalf v. Golden (In re Adbox, Inc.), 488 F.3d 836 (9th Cir. 2007), LexisNexis Expert Commentary, November 2007
  • Hon. Ralph R. Mabey on In re Gencarelli, UPS Capital Business Credit v. Gencarelli (In re Gencarelli), 2007 U.S. App. Lexis 20751 (1st Cir. Aug. 30, 2007), LexisNexis Expert Commentaries, October 2007
  • Hon. Ralph R. Mabey on In re National Energy & Gas Transmission, National Energy & Gas Transmission, Inc. v. Liberty Electric Power, LLC (In re National Energy & Gas Transmission, Inc.), 492 F3d 297, 2007 U.S. App., Lexis 16263 (4th Cir. 2007), LexisNexis Expert  Commentaries, September 2007
  • Hon. Ralph R. Mabey on In re Perrine, In re Perrine, 2007 Bankr. Lexis 1432 (Bankr. C.D. Cal. April 13, 2007), LexisNexis Expert Commentaries, September 2007
  • Hon. Ralph R. Mabey on In re Dana Corp., In re Dana Corp., 2007 Bankr. Lexis 1466 (Bankr. S.D.N.Y. Apr. 19, 2007), Lexis Nexis Expert Commentaries, August 2007
  • Hon. Ralph R. Mabey on VFB LLC v. Campbell Soup Co., VFB LLC v. Campbell Soup Co., 482 F.3d 624 (3d Cir. 2007), LexisNexis Expert Commentaries, July 2007
  • Hon. Ralph R. Mabey on In re Fortune Natural Resources Corporation, In re Fortune Natural Resources Corp., 2007 Bankr. Lexis 1350 (Bankr. E.D. La. Apr. 12, 2007), LexisNexis Expert Commentaries, July 2007


Other Experience

  • Senior Of Counsel with Stutman, Treister & Glatt.
  • U.S. Bankruptcy Judge from 1979 to 1983.
  • Founded and headed for 20 years the international bankruptcy practice of LeBoeuf, Lamb, Greene & MacRae.

News & Events

Speaking Engagements

  • New York University School of Law, September 17 - 18, 2014
  • Professionals Employed Under Bankruptcy Code Sections 327 and 1103: Standards for Employment--The use of Conflicts Counsel to Cure Otherwise Disqualifying Conflicts of Interest--The Scope of Rule 2014 Disclosure Obligations
    American Bankruptcy Institute/New York University School of Law, 39th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization, 2013
  • The New U.S. Trustee Guidelines for Review of Attorneys' Fees and Expense Applications in Larger Chapter 11 Cases: Issues and Observations
    American Bankruptcy Institute/New York University School of Law, 39th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization, 2013
  • Multinational Enterprise Group Insolvencies: Emerging Issues and Proposed Guidelines
    American Bankruptcy Institute/New York University School of Law, 39th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization, 2013
  • Effective Use of Chapter 11: The Good, the Bad and the Ugly
    American College of Bankruptcy Tenth Circuit Bankruptcy Conference, University of Utah, 10.2012
  • Plan Confirmation Issues: Part II
    American Bankruptcy Institute/New York University School of Law 38th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization, New York, 09.2012
  • Issues Affecting Distressed Debt Investment
    American Bankruptcy Institute/New York University School of Law 38th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization, New York, 09.2012
  • Mediation in Bankruptcy: A Complement to the Judicial Process
    American Bar Association Business Law Section's Business Bankruptcy Committee, 85th Annual National Conference of Bankruptcy Judges, Tampa, FL, 10.2011
  • Featured Speaker, INSOL India
    Gwalior, India, 10.2011
  • Examine This! Examiners, Examinations and You
    85th Annual National Conference of Bankruptcy Judges, Tampa, FL, 10.2011
  • Early Challenges in Chapter 11 Cases
    Annual American Law Institute-American Bar Association Course of Study, "Fundamentals of Bankruptcy Law, Chicago, IL, 09.06.2011
  • Consensual Resolution Part II: The 'Solutions' and Whether They Work
    ABI Bankruptcy and Business Reorganization Advanced Course 2011, New York University School of Law, New York, NY, 09.2011
  • Issues Affecting Claims Transfers/Special Purpose Entities in Bankruptcy
    Bankruptcy and Business Reorganization Advanced Course 2010, New York University School of Law, New York, NY, 09.2011
  • Consensual Resolution Part I: The Obstacles
    ABI Bankruptcy and Business Reorganization Advanced Course 2011, New York University School of Law, New York, NY, 09.2011
  • Coordinating Corporate Group Insolvencies Across National Borders
    International Insolvency Institute 11 th Annual International Insolvency Institute Conference, New York, NY, 06.11.2011
  • Ethics and Morality in the Classroom
    3rd Annual J. Reuben Clark Law Society Faculty Section Conference in connection with the American Association of Law Schools, San Francisco, CA, 01.2011
  • Harvard Law School Roundtable on Distressed Debt Restructuring
    Harvard Law School, Boston, MA, 12.2010
  • Chapter 9 Municipal Debt Adjustments
    Bankruptcy and Business Reorganization Advanced Course 2010, New York University School of Law, New York, NY, 09.2010
  • Coordination of Multinational Corporate Group Insolvencies: Solving the COMI Issue
    International Insolvency Institute 10 th Annual Conference, Rome, Italy, 06.2010
  • Distribution of the Estate
    Annual American Law Institute-American Bar Association Course of Study, "Fundamentals of Bankruptcy Law, Chicago, IL, 04.2010
  • Navigating Angels Landing at Zion National Park: The Art of Negotiation in Bankruptcy
    American Bankruptcy Institute's Rocky Mountain Bankruptcy Conference, Denver, CO, 01.2010

Publications

  • Co-author, Coordination Among Insolvency Courts in the Rescue of Multi-National Enterprises
    Annual Review of International Insolvency, 2009
  • The Evolving Bankruptcy Bench: How Are the "Units" (28 U.S.C. § 151) Faring?
    Boston College Law Review, 12.2005
  • Second Report of the Select Advisory Committee on Business Reorganization (Select Advisory Committee Member)
    The Business Lawyer, Vol 60, No. 1, 11.2004
  • Transnational Insolvency: Cooperation Among the NAFTA Countries (U.S. Advisor)
    The American Law Institute, Vol, 4, 2003
  • Co-author, Chapter 11 Reorganization of Utility Companies
    Energy Law Journal, Vol. 22, No. 2, 2001
  • Co-author, Expanding the Reach of Alternative Dispute Resolution in Bankruptcy: The Legal and Practical Bases for the Use of Mediation and Other Forms of ADR
    46 South Carolina Law Review 1259, 1995
  • Co-author, Improving Treatment of Future Claims: The Unfinished Business Left by the Manville Amendments
    69 The American Bankruptcy Law Journal 487, 1995
  • Co-author, Constitutional Limitations on the Discharge of Future Claims in Bankruptcy
    44 South Carolina Law Review 745, 1993
  • Authors’ Rights and Bankruptcy: A Roundtable Discussion
    14 Columbia-VLA Journal of Law and the Arts 189, 1990
  • Co-author, In re Frenville: A Critique by the National Bankruptcy Conference’s Committee on Claims and Distributions
    42 The Business Lawyer 697, 1987
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