Fan B. He

Counsel, Miami

Biography

Overview

Fan He joined White & Case in 2010 and is a counsel in the Firm's Financial Restructuring and Insolvency Practice.

Fan has extensive experience in the representation of chapter 11 debtors, cross-border debtors, secured and unsecured creditors, ad hoc groups and other parties in interest in both chapter 11 proceedings and out-of-court restructurings.

Prior to joining White & Case, Fan served as law clerk to the Honorable Peter J. Walsh, Bankruptcy Judge for the United States Bankruptcy Court for the District of Delaware and he was an associate in the bankruptcy group of a major international firm.

Bars and Courts
Florida State Bar
New York State Bar
New Jersey State Bar
Education
JD
Emory University School of Law
MA
Economics
New York University
BA
Economics
New York University
Languages
English
Mandarin

Experience

Represented Joerns WoundCo Holdings, Inc., a manufacturer, distributer, and supplier of durable medical equipment, and its US affiliates in connection with their expedited prepackaged chapter 11 cases.

Represented UBS Puerto Rico Family of Funds since 2015 which held circa US$2 billion in bonds issued by certain public corporations and instrumentalities of the Commonwealth of Puerto Rico, including senior and subordinated secured bonds issued by the Sales Tax Financing Authority (COFINA, by its Spanish acronym) and the Employees Retirement System (ERS), and restructuring of such bonds in respective entities' Title III Reorganization Cases under PROMESA.

Represented Industrial and Commercial Bank of China as a member of the Official Committee of Unsecured Creditors in the chapter 11 proceedings of M&G USA Corporation.

Represented LSP Investment Advisors, LLC, an investment-advisor affiliate of LS Power Development, whose affiliated investment funds were, together, the largest non-insider-affiliated secured creditors of EXCO Resources, Inc., a Houston-based exploration and production company. White & Case assisted LSP in contesting confirmation of the debtors' chapter 11 plan, which resulted in a greater-than-pro rata distribution to our client.

Represented Revel AC, Inc., a resort, hotel and casino in Atlantic City, N.J., in connection with obtaining debtor-in-possession financing in its chapter 11 proceeding.

Represented the Dodgers, one of Major League Baseball's most storied franchises, which filed for bankruptcy protection in Delaware to preserve Frank McCourt's continued ownership of the team. White & Case represented Major League Baseball in successful negotiations for the sale of the team to new ownership, in a record-setting US$2.15 billion transaction.

Represented Dynegy Inc., one of the largest generators of electricity in the United States, in connection with the company's restructuring of over US$6 billion of debt and obligations through a chapter 11 plan of reorganization.

Represented the ad hoc group of LightSquared LP secured lenders, comprised of holders of approximately US$1.5 billion of secured loans made to LightSquared LP, in the protracted and contentious chapter 11 cases of LightSquared Inc. and its subsidiaries, providers of satellite-communications services, where the White & Case team obtained a full recovery for the LightSquared LP lenders despite the fact that the loans had been trading well below par at the commencement of the cases.

Represented iGPS Company LLC, the first and only plastic pallet-pooling rental and leasing company in the United States. iGPs filed for chapter 11 and negotiated and completed a sale of substantially all of its assets under Section 363 of the Bankruptcy Code. At the time of the sale, the Company had approximately US$160 million of outstanding secured debt.

Publications

Another Hole in the Absolute Priority Rule - the Second Circuit Opens the Door for Carve-Outs in Preplan Settlements, 17 J. Bankr. L. & Prac. 3 Art.5