Kathryn Sutherland-Smith

Associate, New York

Biography

Overview

Kathryn is an associate in the firm's Financial Restructuring & Insolvency Group in New York. Her practice involves representing debtors and creditors in a variety of corporate restructuring matters, including Chapter 11 cases, cross-border reorganizations and distressed investments.

Prior to joining White & Case New York, Kathryn practiced in Melbourne, Australia for several years. Kathryn was recognized as the Victorian Insolvency and Restructuring "Young Gun" of the year in 2017, for her insolvency litigation representations, roles on complex Australian restructuring cases, and contribution to Australia's successfully enacted "safe harbor" and "ipso facto" insolvency law reforms. Kathryn has also been named a Banking and Financial Services Law Association (Australia and New Zealand) scholar in connection with her contribution to thought leadership in the Australian insolvency industry.

Bars and Courts
New York State Bar
Supreme Court of Victoria, Australia
Education
LLM
Columbia University
LLB (Hons)
Monash University
B.A. (International Studies)
Monash University
Languages
English

Experience

Represented Constellation Oil Services Holding S.A. (formerly QGOG Constellation S.A.) and its subsidiaries in their US$1.5 billion cross-border restructuring centered in Brazil and supported by ancillary proceedings in the United States and the British Virgin Islands.

Represented a US-based bid financier in connection with the distressed acquisition of Australian fintech business, Sargon Capital, a provider of corporate trustee, custodian and superannuation (i.e. pension fund) services, with a focus on building innovative technology-based financial infrastructure in this sector.

Represented Joerns WoundCo Holdings, Inc., a manufacturer, distributer, and supplier of durable medical equipment, and its affiliated debtors in their expedited prepackaged chapter 11 reorganization that resulted in a balance sheet deleveraging of more than US$320 million through a conversion of prepetition debt to equity and a US$40 million new money exit facility.

Represented LSP Investment Advisors, LLC, an investment-advisor affiliate of LS Power Development, whose affiliated investment funds, together, were the largest non-insider-affiliated secured creditors of EXCO Resources, Inc., a Houston-based oil & gas 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.

Publications

A Trans-Pacific Tale of Carrots and Sticks: Lessons for Australia from the United States' Experience of the Ipso Facto Stay, Insolvency Law Journal, December 2018

Evidentiary Challenges for the Insolvency Practitioner: the Use of Public Examination Transcripts at Trial, Isolvency Law Journal, December 2016

Awards and Recognition

James Kent Scholar, Columbia University, 2018

Insolvency & Restructuring "Young Gun" Award, 2017, Women in Insolvency & Restructuring Victoria (formerly IWIRC)

Banking and Financial Services Law Association Scholar, 2017, BFSLA