James (“Jay”) W. Kapp III is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Chicago office. He focuses his practice on corporate bankruptcies and reorganizations, distressed financings and workouts, asset disposition and creditor rights representation.
In particular, Jay has represented distressed companies and interested creditors with respect to out of court restructurings and chapter 11 reorganizations (including both prepackaged and prearranged bankruptcy filings). In addition, Jay has experience in representing interested buyers in the acquisition of distressed companies (or the assets of distressed companies) both out of court and through bankruptcy proceedings (including 363 sales and related auctions and through plans of reorganization). Jay also has significant experience in advising board of directors of insolvent companies, including with respect to their shifting fiduciary duties as such companies infringe upon "the zone of insolvency."
