Vice President, Bankruptcy Counsel

Job Location:

PRIMARY PURPOSE:

This position requires a thoughtful and solutions-oriented approach to issues within the framework of the business directives of the company, in order to reach a beneficial resolution to protection of the company’s legal and equitable rights.

The VP, Bankruptcy Counsel must have the ability to provide counsel and guidance on complex language/issues and resolve complex issues where staff is unable to find a satisfactory resolution. The VP, Bankruptcy Counsel should assist staff members with problem solving and encouraging critical thought while providing a business perspective to the staff in the performance of their duties.   This position’s purpose is to administer the United States Bankruptcy Code as it pertains to Simon’s bankrupt tenants, protecting all rights, title and interests of Simon.

PRINCIPAL RESPONSIBILITIES:

Will include, but not be limited to:

Enter appearance with the court and represent Simon in all tenant and guarantor bankruptcies from the commencement of the case to closure of the same. Represent Simon at bankruptcy auctions. Review multiple and varied court documents and develop conclusions and recommendations. Monitor claim filings in bankruptcy or insolvency cases.  Responds to inquiries and drafts responses from debtor’s counsel, local counsel, internal departments, and field personnel regarding legal possession issues, mitigation issues, interrogatories, requests for discovery, and other pertinent bankruptcy filings and motions. Assists clients with legal possession issues, mitigation issues, interrogatories, requests for discovery, and other pertinent filings and motions in litigation cases. Participates actively in unsecured creditor committees when appointed by the Department of Justice and the United States Trustee’s office.   Answer and defend all adversarial lawsuits and preference actions brought by bankrupt debtor(s) against Simon. Takes the lead in negotiations.  Understands the business client’s position and needs.  Considers the long-term business and strategic consequences of possible outcomes. Drafts necessary legal documents and assists in the review of legal documents prepared by the paralegal(s), supervising paralegal(s), or supervising manager(s). Creates practical and effective solutions to legal issues. Evaluate usage of legal counsel for savings on legal fees. Petition bankruptcy courts for all cures and adequate protection assurance in the sale of bankruptcy estate assets including all executory contracts and leases. Proactively pursue post-petition rent and charges where appropriate.

• Subordinate staff – Senior Paralegal(s), Paralegal(s), Supervising Paralegal(s), Manager, Attorney(s) and Managing Attorney in Legal Collections and Bankruptcy.
• Other internal contacts – CEO, CFO, CAO, General Counsel, Assistant General Counsel(s), President(s), executives in Leasing, Property Management, Development, directors in Financial Operations, Vice President of Financial Operations, Senior Vice President of Financial Reporting

JD Degree from an accredited law school. Licensed and in good standing to practice law within at least one state in the United States. Minimum 8 to 10 years of internal/external experience in commercial real estate; staff management experience preferred. Extensive Bankruptcy experience representing landlord community preferred. Strong oral and written communication with meticulous attention to detail. Ability to negotiate effectively, lead, initiate, and coordinate projects/cases that cross functional or business lines. A business mindset with an ability to condense complex concepts and legal analysis into clear and concise takeaways that drive action and problem solving. Strong organizational and time management skills with the ability to handle work to tight deadlines and the pressure of executive requests. Experience and working knowledge of lift stay motions and all aspects of treatment of executory controls and leases pursuant to the bankruptcy code. When appropriate draft, file and pursue timely payment of all post-petition administration rents from the bankrupt estate. Involvement in appropriate legislative efforts to pursue favorable landlord bankruptcy legislation by US Congress.