William C. Heuer
Partner
Duane Morris LLP
1540 Broadway
New York, NY 10036-4086
USA

Phone: +1 212 692 1070
Fax: +1 212 208 4521
Email: wheuer@duanemorris.com

William C. Heuer practices in the areas of business and financial restructuring, bankruptcy law and creditors' rights litigation. Mr. Heuer represents creditors and debtors alike and has significant experience representing secured creditors and agents of secured lending facilities. Mr. Heuer also has considerable bankruptcy appellate experience, and has been involved in a number of landmark bankruptcy cases decided by the U.S. Supreme Court.

Mr. Heuer is a member of the American Bankruptcy Institute and the American Bar Association. He is a member of the Editorial Advisory Board of the Norton Journal of Bankruptcy Law and Practice, has authored numerous articles on bankruptcy law, and is an adjunct professor of law in the LL.M. in bankruptcy program at the St. John's University School of Law. Mr. Heuer also devotes substantial time to pro bono matters, including matters before the U.S. Supreme Court, and has earned recognition by the New York State Bar Association and the Association of the Bar of the City of New York for his efforts.

Mr. Heuer is a 1997 graduate of St. John's University School of Law, where he was articles editor of the American Bankruptcy Institute Law Review, and a graduate of the State University of New York at Buffalo.

Areas of Practice

• Business and Financial Restructuring
• Creditors' Rights
• Bankruptcy Law

Representative Matters

Bankruptcy

• In re Compania Mexicana de Aviacion, S.A. de C.V. — Counsel to foreign representative and debtor in chapter 15 proceedings of Mexicana Airlines in connection with its Mexico-based Concurso Proceedings under Mexico's Ley de Concursos Mercantiles.
• In re New York Skyline, Inc. — Counsel to commercial landlord in chapter 11 cases of tenant, as well as related state-court litigation that was removed to federal court and proceeded as separate adversary proceedings.
• In re New York City Off Track Betting Corp. — Counsel to party in interest in confirmation and disclosure statement litigation relating to exculpation and release provisions in chapter 9 bankruptcy proceedings.
• In re Chemtura Corp. — Represented debtors as conflicts counsel in various matters.
• In re Fortunoff Holdings, LLC — Represent trade creditor and supplier of goods.
• In re EOS Airlines, Inc. — Represented foreign airline as aircraft sublessor to debtor in chapter 11 proceedings, including litigation seeking a return of aircraft and assertion of mechanics and other lien rights in additional equipment and parts.
• In re ROL Manuf. (Canada) Ltd. — Represented secured lender in chapter 15 proceeding relating to Canada-based main proceeding.
• In re EBW Laser, Inc. — Represent largest creditor in chapter 11 cases and related litigation arising out of commercial relationship. Assertion of claims and defense of separate lawsuit. Sought and obtained conversion of cases from chapter 11 to chapter 7.
• In re Integrated Systems & Power, Inc. — Represented trade creditor and supplier in chapter 11 cases and related litigation requiring defense of numerous tort and tortious interference/lender liability-type claims.
• In re Randall's Island Family Golf Centers — Represented secured lender in liquidating chapter 11 cases. Litigation in separate adversary proceedings including trial to judgment. Conducted court-ordered mediation of numerous matters.
• In re AutoTech Leasing Services, LLC — Represented secured creditor finance party and litigation target in chapter 7 cases and related litigation involving chattel-paper fraud and multiple claims to collateral (large auto lease and purchase portfolio).

Appellate

• Stern v. Marshall, Case No. 10-179 (pending before U.S. Supreme Court). Counsel of record to a group of law professors as amici curiae in case addressing bankruptcy jurisdiction and limits on the delegation of the judicial power of the United States to Article I courts and tribunals.
• Schwab v. Reilly, 130 S. Ct. 2652 (2010). Counsel of record to National Association of Consumer Bankruptcy Attorneys and several law professors in amicus briefing to Supreme Court of the United States in case addressing requirements for the assertion of bankruptcy exemptions and the timeframes and procedures for objections to claims of exemption.
• District of Columbia v. Heller, 128 S. Ct. 2783 (2008). Co-counsel to amici curiae in case addressing whether and the extent to which the Second Amendment to the U.S. Constitution provides an individual, private right to possess handguns.
• Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric (In re Pacific Gas & Electr.), 127. S. Ct. 1199 (2007). Team representing respondent in case addressing the recovery of fees in bankruptcy cases pursuant to state-law rights arising out of contract.
• Marrama v. Citizens Bank of Massachusetts (In re Marrama), 127 S. Ct. 1105 (2007). Team representing respondent in case addressing whether chapter 7 debtor has absolute statutory right to convert chapter 7 case to chapter 13 when fraudulent conduct, including dissipation and diversion of estate assets, is demonstrated.
• Howard Delivery Service, Inc. v. Zurich Am. Ins. Co. (In re Howard Delivery Service, Inc.), 126 S. Ct. 1105 (2006). Team representing amici industry association in case addressing priority in payment provisions of the bankruptcy code.
• Marshall v. Marshall (In re Vicki Lynn Marshall), 126 S. Ct. 1735 (2006). Team representing respondent in case addressing the intersection of federal bankruptcy jurisdiction and the probate exception to federal jurisdiction.
• In re Iridium Operating LLC, 478 F.3d 452 (2d Cir. 2007). Team representing creditor and settlement counterparty in case addressing the standards to be met for bankruptcy court approval of settlements.
• GAF Holdings v. Pegasus Capital Partners II, 567 F.3d 1010 (8th Cir. 2009). Team representing purchaser in post-sale litigation and appeal in case addressing bankruptcy jurisdiction matters.
• Advanced Telecomm. Network v. Allen (In re Advanced Telecomm. Network), 490 F.3d 1325 (11th Cir. 2007). Team representing debtor in appeal addressing fraudulent transfer action and standards to be met in prosecuting same.

Professional Activities

• American Bankruptcy Institute
• American Bar Association
  - Business Law Section
• New York Bar Association

Admissions

• New York
• Connecticut
• U.S. District Courts for the Southern and Eastern Districts of New York
• U.S. District Court for the Southern District of Indiana
• U.S. Court of Appeals for the Second Circuit
• U.S. Supreme Court

Education

• St. John's University School of Law, J.D., 1997
  - Articles Editor and Staff Member, American Bankruptcy Institute Law Review
• State University of New York at Buffalo, B.A., 1991

Experience

• Duane Morris LLP
  - Partner, 2010-present
  - Special Counsel, 2009

Civic and Charitable Activities

• St. John's University School of Law
  - Adjunct Professor of Law
• American College of Assisted Reproduction and Adoption Lawyers
  - Advisory Board Member

Honors and Awards

• Pro Bono Society, Association of the Bar of the City of New York, 2004
• Empire State Counsel Award, New York State Bar Association, 2007, 2008 and 2009

Selected Publications

• Quoted in "Tabloids Aside, What Does Ruling in Stern v. Marshall Mean?" by Sheri Qualters, The National Law Journal, July 18, 2011
• Quoted in "Mexicana Wins Legal Shield to Aid Mexican Bankruptcy" by Tiffany Kary, Bloomberg Businessweek, November 8, 2010
• Mentioned in "Duane Morris Battles to Block Mexicana Nosedive," AmLawDaily, August 4, 2010
• Quoted in "Mexicana Agrees to Return Eight Leased Airplanes" by Tiffany Kary, Bloomberg News, August 16, 2010
• "The Effect of Confirmation Upon Liens: 11 U.S.C.A. § 1141(c)," Norton Journal of Bankruptcy Law & Practice, 19 J. Bankr. L. & Prac. 699 (2010)
• "The Meaning of 'Property Dealt With by the Plan' in 11 U.S.C.A. § 1141(c)," Norton Journal of Bankruptcy Law & Practice, 19 J. Bankr. L. & Prac. 375 (2010)
• Co-Author, "Cross-Border Insolvencies & Chapter 15: Recent U.S. Case Law Determining Whether Foreign Proceeding is Main, Nonmain or Neither," New York State Bar Association International Law Practicum, Spring 2010
• Quoted in "Supreme Court Set To Weigh In On Pair Of Bankruptcy Cases" by Rachel Feintzeig, Dow Jones Daily Bankruptcy Review, January 4, 2010
• Co-Author, "Cross-Border Insolvencies and Chapter 15: Recent U.S. Case Law Determining Whether a Foreign Proceeding is Main, Nonmain or Neither," presented at Association of Insolvency and Restructuring Advisors Restructuring and Investing Conference, Shanghai, China, September 2008 (reprinted in Norton Journal of Bankruptcy Law & Practice, 17 J. Bankr. L & Prac. 5, p. 651 (2008))
• Co-Author, "New Adventures in Fee Collection: Drafting and Enforcing Attorneys' Fee Clauses after Travelers," State Bar of California Business Law News, Issue 1, 2008
• Co-Author, "Emerging Case Law Under Chapter 15," presented at Association of Insolvency and Restructuring Advisors Restructuring and Investing Conference, Shanghai, China, October 2007
• "Qmect Inc.: Picking Up Where Travelers Left Off," American Bankruptcy Institute Journal, August 2007
• "Marrama v. Citizens Bank of Massachusetts: Bad Faith Forfeits Right to Convert to Chapter 13," American Bankruptcy Institute Journal, April 2007