Andrew Z. Schwartz

  • Partner
  • Boston
  • 617 832 1155 direct
  • 617 832 7000 fax
Andrew Schwartz is the head of Foley Hoag’s Bankruptcy and Restructuring group. He has extensive experience representing debtors, secured and unsecured creditors, committees, trustees, buyers, investors and other parties in bankruptcy matters. As a longstanding member of the firm’s Litigation Department, he also has handled a wide range of business cases in courts across the country. He has represented clients in many industries, including financial services, insurance, media and entertainment, publishing, retail, healthcare, life sciences, education, technology, real estate, construction, manufacturing and professional services. Andrew is ranked in the top tier of Bankruptcy/Restructuring Leading Individuals by Chambers USA, listed in The Best Lawyers in America, and recognized as a Top 100 Massachusetts Super Lawyer. In addition to maintaining an active practice, Andrew is a member of Foley Hoag’s Executive Committee.

Bars and Court Admissions

  • Massachusetts
  • New York
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York

Representative Experience

The following is a brief summary of Andrew's experience and accomplishments:

  • Andrew has represented these clients in major bankruptcy and related matters:
    • The Chiofaro Company, Inc., Chiofaro Building Services, Inc., BC Associates, a Massachusetts limited partnership, and BC Phase 2 Associates Limited Partnership in the International Place bankruptcy,In re Fort Hill Square Associates and Fort Hill Square Phase 2 Associates (D.Mass.)
    • The Debtor in In re Organogenesis, Inc. (D.Mass.)
    • Benchmark Electronics, Inc. in In re Act Manufacturing, Inc. (D.Mass.)
    • International Data Group, Inc. in In re Standard Media, Inc. (N.D.Cal.)
    • PricewaterhouseCoopers LLP in In re Flagship Healthcare, Inc. (S.D.Fla.)
    • Coopers and Lybrand LLP in In re Healthco International Inc. (D.Mass.)
    • Ingram Industries, Inc. in In re Lauriat’s Inc. et al. (D.Mass.)
    • Mitsubishi Electric Corp., Mitsubishi Electronics America, Inc., NMB Technologies, Inc., Ingram Micro, Inc. and Steel Hector & Davis in In re Wang Laboratories, Inc. (D.Mass.)
    • Harsco Corporation in In re The Broderick Company, Inc. (D.Mass.)
    • The Debtors in In re Birks International, Inc. and Henry Birks Jewelers, Inc. (D.D.C.)
    • General Motors Acceptance Corporation in In re Clyde Bartlett Buick-BMW, Inc. and In re Clyde S. Bartlett, Jr. (D.N.H.)
    • Unsecured debenture holders in In re Scott Prepared Culture Media Laboratories, Inc. and In re Microbiological Sciences, Inc. (D.R.I.)
    • Ralph Williams, Thomas Williams and Frances Perkins in In re Gaston & Snow (S.D.N.Y.)
    • Robert Holmes in In re Arrow Carrier Corp., et al. (D.N.J.)
    • Cartonneries de Thulin S.A. in In re Shape, Inc. (D.Me.)
    • Maurice Hamilburg and Clarendon Capital Group, LLC in In re Plymouth Rubber Company et al. (D.Mass.)
    • Media/Communications Partners, L.P., Milk Street Partners, Inc., Chestnut Street Partners, Inc. and TA Investors in United States of America v. State Street Bank and Trust Co. et al. (D.Del.)
    • Prospect Therapeutics, Inc. (f/k/a Marlborough Research & Development, Inc.) in In re GlycoGenesys, Inc. et al. (D.Mass.)
  • Andrew has devoted substantial time to representing official committees of unsecured creditors and post-confirmation fiduciaries in Chapter 11 cases, including:
    • the Creditors’ Committee and Creditor Trust in In re Malden Mills Industries, Inc., et al.
    • the Creditors’ Committee, Post-Effective Date Committee and Creditor Trust in In re Engage, Inc. et al.
    • the Creditors’ Committee and Liquidating Supervisor in In re Richard-James Incorporated et al.
    • the Creditors’ Committee in In re East Boston Neighborhood Health Center Corporation
    • the Creditors’ Committee in In re New Seabury Company Limited Partnership
    • the Creditors’ Committee in In re Parts Plus Enterprises, LLC
    • the Creditors’ Committee in In re Trend-Lines, Inc.
  • Andrew has also handled litigation matters involving contract, business tort, securities, professional malpractice, employment, copyright, trademark, trade secret, administrative law, real estate, toxic tort and insurance issues, for clients such as:
    • Aetna Life & Casualty
    • Amex Life Assurance Company
    • Berkelee College of Music
    • Charles Schwab & Co., Inc.
    • Creditanstalt Investment Bank, A.G.
    • Great Universal, Inc.
    • Infogrames Interactive, Inc.
    • PHE, Inc.
    • Polaroid Corporation
    • PrimeTime 24 Joint Venture
    • Project Software & Development, Inc.
    • Robert Reiser & Co., Inc.
    • Spalding Sports Worldwide, Inc.
    • TVRadio Now, Corp.
    • W.R. Grace & Co.
    • Town of Barnstable
    • Massachusetts Water Resources Authority
  • Andrew has tried cases in Massachusetts, Texas, Delaware, Florida and North Carolina
  • Prior to joining the firm, Andrew served as a law clerk to the Honorable George C. Pratt of the United States Court of Appeals for the Second Circuit from 1982-84

professional / civic involvement

  • American Bar Association, Litigation Section, Member
  • Boston Bar Association, Member
  • American Bankruptcy Institute, Member
  • Turnaround Management Association, Member

SPEECHES AND CONFERENCES

  • MCLE Bankruptcy Law Conference 2009, Panelist, First-Day Issues, October 28, 2009
  • American Bankruptcy Institute, Sixteenth Annual Northeast Bankruptcy Conference, Moderator, Single Asset Real Estate Panel, July 17-18, 2009
  • Turning it Around:  Restructuring, Refinancing, Recapitalizing and Other Respones to the Economic Crisis, May 21, 2009, Panelist.
  • American Bankruptcy Institute, Fourteenth Annual Northeast Bankruptcy Conference, Bankruptcy Litigation Workshop, July 13-14, 2007, Faculty Member
  • American College of Bankruptcy Education Program, Boston College Law School, April 20, 2007, Faculty Member
  • American Bankruptcy Institute, Eleventh Annual Northeast Bankruptcy Conference, Formation of Committees & Selection of Professionals Forum, July 16, 2004, Faculty Member
  • American Bankruptcy Institute, Seventh Annual Northeast Bankruptcy Conference, Bankruptcy Litigation Forum, July 14, 2000, Faculty Member
  • Environmental Claims in Bankruptcy, Boston Bar Foundation, December 12, 1991, Moderator
  • Bankruptcy Litigation and Practice in Massachusetts, Professional Education Systems, Inc., May 15, 1991, Panelist

 

publications

  • Andrew Schwartz and Creighton Page, Waiver Provisions in DIP Financing Orders, MCLE Bankruptcy Law Conference 2009
  • Andrew Schwartz and Creighton Page, Critical Vendor Orders, MCLE Bankruptcy Law Conference 2009
  • Andrew Schwartz and Creighton Page, Credit Bidding - Emerging Issues, ABI Northeast Bankruptcy Conference (July 2009)
  • Andrew Schwartz and Euripides Dalmanieras, Developments in the In Pari Delicto Doctrine in Massachusetts,  originally published in the Boston Bar Journal, Vol. 52, No. 4 (September/October 2008)
  • Andrew Schwartz and Joshua Pemstein, The Effect of BAPCPA’s Amendments to §§ 548 and 503(c) on Pre- and Post-Petition Transfers to Insiders (July 2007)
  • Andrew Schwartz and Jessica Silbey, Deepening Insolvency: A Seductive But Problematic Theory, BOSTON BUSINESS JOURNAL (November 2002)
  • Andrew Schwartz and Kenneth Leonetti, Recent Developments in Valuation, ABI Northeast Bankruptcy Conference (July 2000)