Andrew is one of the nation’s leading restructuring lawyers and a veteran first-chair trial lawyer. He frequently combines those skills to the benefit of his clients, using litigation as leverage to maximize creditors’ recoveries in bankruptcy proceedings or other contexts. His creative approach to high-stakes disputes has frequently created unexpected value, as in the bankruptcy of Hertz Global, in which he orchestrated an unprecedented deal giving shareholders a payout of $8 per share.

Andrew has been involved in several of the most notable restructurings in recent decades, including those of Puerto Rico and Hertz Global. Beyond his vast experience leading restructuring transactions, he frequently acts as lead counsel in bankruptcy litigation, commercial litigation, and litigation involving issues of corporate governance. He has particular experience representing parties victimized by fraudulent behavior.

At Glenn Agre Bergman & Fuentes, Andrew heads the Bankruptcy and Restructuring group, which advises clients on all matters related to distressed situations, insolvency, and bankruptcy. The group’s matters often involve competing secured and unsecured creditors, complex restructurings, and contested inter-creditor issues.

Before co-founding Glenn Agre, Andrew was a partner at Kasowitz Benson Torres and an associate at Debevoise & Plimpton.

Andrew has represented:

  • The ad hoc committee of shareholders of Hertz Global, Inc., in its Chapter 11 cases. Glenn Agre structured a winning bid for a group of investors in collaboration with Knighthead Capital Management and Certares Management LLC that valued Hertz at $7 billion, offered it a path out of Chapter 11, and gave shareholders what was once thought impossible: $8 per share, marking a positive return on any stock bought after the company’s bankruptcy filing.
  • The Official Committee of Equity Securities Holders of Garrett Motion Inc., a manufacturer of turbochargers, in its Chapter 11 cases. Glenn Agre, on behalf of the equity committee, objected to the debtors’ proposed Chapter 11 plan, which would have left minority shareholders with nearly worthless stock subordinated to billions in obligations to other shareholders. The equity committee’s efforts to guaranty equal treatment to all shareholders resulted in a mediation that led to the negotiation of a consensual Chapter 11 plan, giving minority shareholders significantly enhanced recoveries in the form of the right to receive convertible preferred stock or a cash payout.
  • Ambac Assurance Corporation, a financial guarantee insurance company, in connection with Puerto Rico’s restructuring proceeding under Title III.
  • An ad hoc group of shareholders of LATAM Airlines in its Chapter 11 cases, including large U.S.-based investors and Chilean shareholders. 
  • An ad hoc group of unsecured claimholders of Grupo Aeroméxico as conflicts counsel.
  • MDC Energy, an independent oil and gas E&P company, in its Chapter 11 case.
  • Creditors of Energy Future Holdings in defeating the proposed allocation of hundreds of millions of dollars in administrative claims asserted by subsidiary company (EFIH) creditors UMB Bank, Elliott Associates, and the Energy Future Holdings Plan Advisory Board.
  • An ad hoc committee of investors in the Stanford Financial Group receivership.
  • The Official Committee of Unsecured Creditors of Covia Holdings, Inc. as special litigation counsel.
  • Ad Hoc Committee of Term Loan Lenders in General Motors $1.5 billion avoidance action. 
  • Strategic Value Partners, a global investment firm, in the Pennsylvania REIT Chapter 11 cases.
  • Lenders of $725 million to SunEdison, once the world’s largest renewable energy company, in actions against KPMG for misrepresentation of internal controls over financial reporting, and Deutsche Bank Securities, Inc. for fraudulent inducement.
  • A private investment fund in multiyear, multi-forum litigation to recoup its investments in a defrauded corporation and defeat third-party claims.
  • Law360, Bankruptcy Editorial Advisory Board, 2018-20
  • Turnarounds & Workouts, Outstanding Restructuring Lawyer, 2017
  • Super Lawyers, Top Rated Bankruptcy Attorney in New York, 2012-present
  • 3rd Decision Casts Doubt on Gifts to Individual Class Members, Turnarounds & Workouts (September 2021) Read here.

CREDENTIALS

  • Benjamin N. Cardozo School of Law, Yeshiva University, J.D., magna cum laude, 1995
  • Columbia University, B.A., 1990

ADMISSIONS

  • State Bar of New York
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York