Current Employment Position(s)

Vice Chair, Bankruptcy and Financial Restructuring Practice Group

Lawyer Overview

Philip D. Anker is a partner in the firm's Litigation/Controversy Department and vice chair of the firm's Bankruptcy and Financial Restructuring Practice Group. He is a member of the Bankruptcy and Creditor Rights Litigation Practice Group and the Business Trial Group. He joined the firm in 1983. Mr. Anker is an experienced bankruptcy litigator and counselor, who has practiced for more than eighteen years in the field. Among other honors, he has been selected by his peers as one of the "Best Lawyers" in the areas of Bankruptcy and Creditor-Debtor Rights law in The Best Lawyers in America for each year from 2005-2010. He was also recently listed in the 2010 edition of Benchmark Litigation for his leading bankruptcy practice.

Practice

Highlights

Among other clients, Mr. Anker has represented:

• Verizon Communications in several leading telecommunications bankruptcy cases, including WorldCom, Global Crossing, CTC Communications, Adelphia Business Solutions, Adelphia Cable, Network Access, Allegiance Telecom and ATX/CoreComm
• The Canadian affiliates of Calpine Corporation in the Chapter 11 cases of their U.S. affiliates and in related claims objections and avoidance actions involving hundreds of millions of dollars in claims
• Prudential Securities in bankruptcy and class action litigation arising out of the collapse of the Foundation for New Era Philanthropy
• Credit Suisse First Boston and Royal Bank of Scotland in the Adelphia Cable Communications case and related bank litigation
• Lehman Brothers in its successful challenge to the original plan of reorganization in the MCorp bankruptcy case and in the negotiation of the amended plan
• Startec Global Communications in its successful Chapter 11 reorganization proceedings, leading to its reorganization and emergence from bankruptcy
• Various underwriters in the Refco bankruptcy proceedings
• Bank One Trust Company in the commercial paper and other bankruptcy litigation brought by Enron
• Various banks in the defense of large fraudulent conveyance and other claims brought in the Global Crossing bankruptcy proceedings
• The Pension Benefit Guaranty Corporation in the Northwest Airlines case
• Hartford Financial Services Group and its subsidiaries in several large asbestos or other mass tort bankruptcy cases, including Congoleum, Mid-Valley and Delaco
• Sears, Roebuck and Co. in several bankruptcy-related class actions, appeals, commercial bankruptcy cases and work-outs
• The Liquidator for the Navigator companies in their cross-border Chapter 11 cases
• CIGNA Corporation insurance companies in the Celotex bankruptcy case and related litigation
• Citigroup companies in several Chapter 11 bankruptcy cases as well as in bankruptcy-related class action and appellate litigation

Professional Activities

Mr. Anker previously served as co-chair of the Debtor Practice Subcommittee of the Bankruptcy and Insolvency Committee of the American Bar Association Section of Litigation. He is a member of the American Bankruptcy Institute, a frequent speaker and panelist at bankruptcy law conferences, and author of articles on issues of bankruptcy and related law.

Areas of Practice

• Bankruptcy and Financial Restructuring
• Litigation/Controversy
• Bankruptcy and Creditor Rights Litigation
• Business Trial Group
• Distressed Real Estate Solutions

Representative Cases

• Credit Suisse Securities, Bank of America Securities and Deutsche Bank Securities/ Refco Illinois , (US District Court for the Southern District of New York)
• Hartford Financial Services Group
• MBNA America Bank
• Pension Benefit Guaranty Corporation/ General Motors
• Stanley J. Burkholder

West Practice Categories

Bankruptcy Law, Commercial Bankruptcy, Real Estate Law, Reorganizations & Restructuring, Workouts

Bar Admissions

• District of Columbia
• New York

Education

• George Washington University Law School, 1982
  JD
  Honors: with Highest Honors
• University of Pennsylvania, 1978
  BA
  Honors: magna cum laude

Published Works

• Terminal Valuation: Will the Seventh Circuit Decision on Valuation of United Airlines Bond Collateral Bring Closure to Recharacterization Litigation?, 2009
• Exceptional Insolvencies: Provisions of the Bankruptcy Code and SIPA Regarding Broker-Dealers and Other Financial Market Participants and Contracts, 2008
• Safe Harbor or Adrift in Bankruptcy: Treatment of Mortgage "Repurchase Agreements" and Servicing Rights in Bankruptcy Court, 2008
• Defending Avoidance Actions with Solvency: What Does the Market Say?, 2008
• New Take on New Value? Recent Seventh Circuit Decisions Limit the “New Value” Defense to Bankruptcy Preference Liability, 2007
• Know Your Customer: Prime Broker Must Return All Margin Payments after Bankruptcy Court Finds That They Were Fraudulent Transfers, 2007
• Eleventh Circuit Holds That Bankruptcy Reorganization Plan Does Not Bar Intercreditor Claims between Debtor's Lenders, 2006
• Seeing Double: In re Oakwood Homes and the "Double Discounting" of Interest-Bearing Debt, 2006
• Theory of Deepening Insolvency, 2005
• Second v. Third Circuit Precedent Comparison, 2005
• Bankruptcy and Commercial Advisor, 2004

Address

399 Park Avenue
New York, NY 10022

Phones

+1 212 230 8890 (Business Phone)

Faxes

+1 212 230 8888 (Business Fax)

Emails

Contact Us (Business Email)

Websites

www.wilmerhale.com