Malak represents distressed companies, prospective buyers, DIP lenders, ad hoc groups of noteholders and bondholders, and official committees in Chapter 11 proceedings, Chapter 15 proceedings, out-of-court restructuring transactions, and acquisitions. Malak also advises clients on restructuring support agreements and term sheets, plans and disclosure statements, DIP financing, and exit financing, including backstop agreements.

Prior to joining Glenn Agre Bergman & Fuentes, Malak was an associate at Akin Gump Strauss Hauer & Feld LLP.

Malak has represented: 

  • The Official Committee of Equity Securities Holders of Sorrento Therapeutics, Inc. in its Chapter 11 cases.  
  • An ad hoc committee of bondholders, in the Chapter 11 cases of Bed Bath & Beyond Inc.  
  • Loyalty Ventures Inc., a consumer rewards program operator, in its Chapter 11 cases.
  • An ad hoc group of first lien lenders in the out-of-court restructuring of materials company Yak Access, providing for $121 million of new money investments and a debt reduction of over $500 million.
  • The official committee of opioid claimants in the Chapter 11 case of Endo International.
  • An ad hoc group of first lien and second lien lenders in Carestream Health’s out-of-court restructuring and subsequent Chapter 11 case.
  • The official committee of unsecured creditors in the Chapter 11 case of HONX Inc., a non-operating subsidiary of publicly traded Hess Corporation.
  • An ad hoc group of senior unsecured noteholders in the out-of-court restructuring of $2.96 billion in liabilities of GEO Group, the world’s second largest operator of secure facilities.
  • The official committee of unsecured creditors in Chapter 11 cases of petrochemical producer TPC Group.
  • An ad hoc group of noteholders in the Chapter 11 cases of offshore drilling contractor Seadrill New Finance Limited.
  • An ad hoc group of senior noteholders in Aeroméxico’s Chapter 11 cases, restructuring $2 billion in liabilities and providing approximately $1.5 billion of new money equity and debt financing.
  • The Collected Group, a fashion brand owner, in its Chapter 11 cases.
  • The future claimants’ representative in DBMP, LLC’s Chapter 11 case to address its asbestos liability.
  • Denim retailer Lucky Brand Dungarees in its Chapter 11 cases.
  • Online retailer and direct-to-consumer specialist Bluestem Brands, Inc. in its Chapter 11 cases.
  • Earth Fare, Inc., a regional grocery store chain, in its Chapter 11 cases.
  • The future claimants’ representative in Imerys Talc America’s Chapter 11 cases.
  • Zohar investment funds in its Chapter 11 cases.
  • The future claimants’ representative in Bestwall’s Chapter 11 case.
  • Invesco Senior Secured Management, Inc., a global asset manager, against an Ad Hoc Group, an appliance-parts maker, and its private equity sponsor in a six-day trial in the Southern District of Texas Bankruptcy Court in a liability management dispute involving breaches of the relevant credit agreements and rightful control of the appliance-parts maker.

CREDENTIALS

  • American University Washington College of Law, J.D., 2019
    • Administrative Law Review, Senior Symposia Editor
  • University of Colorado Boulder, B.S., 2016
  • Judicial Intern to the Hon. Mary Ellen Barbera, Court of Appeals of Maryland

ADMISSIONS

  • State Bar of New York