Loading

Jo Ann J. Brighton

Ms. Brighton is a Partner in the Charlotte and New York offices and focuses her practice on financial restructuring. She has represented institutions and lenders in all areas of commercial and bankruptcy law and in various matters including: intercreditor advisory work, lender liability work, syndicated loan restructurings, debtor in possession financing loans, litigation in bankruptcy court; and the negotiation, documentation, and restructuring of loan obligations. She has also been very active representing real estate funds and investors in the acquisition and disposition of distressed commercial real estate loans and loan portfolios and in restructuring troubled commercial real estate debt and equity investments.

In 2008, Ms. Brighton became a Fellow of the American College of Bankruptcy, an institution that honors "exceptional bankruptcy professionals distinguished by their work, their contributions to the administration of justice and their integrity."

Ms. Brighton serves on the Board of Directors for The American Bankruptcy Institute and previously served as co-chair of the ABI's Business Reorganization Committee. In addition, she is a frequent writer for The American Bankruptcy Institute Law Journal, ABI Law Review and Commercial Law Review. Ms. Brighton also is a frequent speaker at American Bankruptcy Institute conferences, National Conference of Bankruptcy Judges, Commercial Law League Association, and for many other bankruptcy and workout organizations.

Ms. Brighton also serves as an advisor on the ABI Commission to Study the Reform of Chapter 11 co-chairing the section studying lending in Chapter 11. The goal of the commission is to recommend a rewrite of the United States Bankruptcy Code to Congress.

Ms. Brighton  received a B.S. from the  University of Delaware in 1986. She received her J.D., magna cum laude, from New York Law School in 1989 where she served on the Law School Moot Court Board and as the Research Editor of the New York Law Review. She was a Harlan Competition Finalist.

Honors & Awards

  • Best Lawyers in America, Bankruptcy & Creditor Debtor Rights/Insolvency and Reorganization Law, 2015
  • Winner, 50 Most Influential Women of 2009, Mecklenberg Times, May, 2009
  • Super Lawyers, Corporate Counsel Edition, 2009, 2010
  • Winner, Top 25 Women in Business in Charlotte, NC, Charlotte Business Journal, 2008
  • North Carolina Super Lawyers, 2008 – present
  • Who's Who American Lawyers

Activities

  • ABI Commission to Study the Reform of Chapter 11 – Co-Chair, Advisory Committee on Lending in Chapter 11
  • Co-Chair, Insolvency Division, International Bar Association
  • American College of Bankruptcy, Fellow, Class XIX
  • American Bankruptcy Institute, Board of Directors; Business Reorganization Committee, Co-Chair, 2006; Web Editorial Board, Member
  • American Bankruptcy Institute Law Review, St. John's University Law Review, Advisory Board, 2004
  • Franklin Pierce Law School, Bankruptcy Law Guest Lecturer, 2000-2003
  • New York Law School, Independent Study on Chapter 11 Bankruptcies, Guest Faculty Reviewer, October-November, 2002
  • American Bankruptcy Institute Journal, Editorial Board, Contributing Editor, and Contributing Author, 2002-present
  • American Bankruptcy Institute Northeast Bankruptcy Conference, Advisory and Planning Committee, 2001-2003

Publications

Speaking Engagements

National Conference of Bankruptcy Judges, “Next Generation Program,” Atlanta, GA, October 30 – November 2, 2013

American Bankruptcy Institute, Southwest Conference “Chapter 11 Current Events,” Lake Tahoe, CA, August 22-24, 2013

New York Bar Association, “Sovereign Debt Restructuring,” New York, NY, June, 2014

American Bankruptcy Institute, Annual meeting, “The End Game and How to Get there,” Washington, DC, April, 2013

American Bankruptcy Institute, International Symposium, “Sovereign Debt Restructuring, “ Rome, Italy, October, 2012

American Bankruptcy Institute, Southwest Conference, “Chapter 11 – Current Developments,” Las Vegas, NV, September, 2012

National Conference of Bankruptcy Judges, “Evidentiary Issues,” – also, “Next Generation Program,” San Diego, CA, October, 2012

American Bar Association, “RaDlax Revisited” July, 2012

American Bankruptcy Institute, Annual Meeting, “Sovereign Debt Restructuring in the Euro zone,” Washington DC, April, 2012

American Bankruptcy Institute, Winter Leadership Conference, “Professional Use of Electronic Media,” Palm Springs, CA, December, 2011

International Bar Association, Co Chair Panel - Sovereign Debt Restructuring, Dubai, October, 2011

National Conference of Bankruptcy Judges, “Next Generation Program,” Tampa, Florida, October, 2011

American Bankruptcy Institute, Mid-Western Bankruptcy Institute, “Intercreditor Enforcement Issues,” Kansas City, Mo, September 16, 2011

American Bankruptcy Institute, Annual Spring Meeting, “Women’s Issues Networking and Beyond,” Washington, DC, March 31 – April 2, 2011

American Bankruptcy Institute, Alexander Paskay Conference, “Evidentiary Issues in Bankruptcy Hearings,” Tampa, Florida, March 10-12, 2011

Dubai International Financial Court, “Insolvency in the UAE and Across the World,” Dubai, February 28, 2011

American Bankruptcy Institute Winter Leadership Conference, "Attacking the Secured Creditor," Phoenix, AZ, December 10, 2010

Pennsylvania Annual Bankruptcy Symposium, “Lender Liability Issues,” Pittsburgh, PA, December 3, 2010

American Bankruptcy Institute, “America Now,” London, England, October 29, 2010

National Conference of Bankruptcy Judges, "Business Bankruptcy," New Orleans, LA, October 16, 2010

American Bankruptcy Institute, Views from the Bench, “Fraudulent Conveyances, Preferences and Lender Liability,” Georgetown Law School, Washington, DC, October 1, 2010

Mid-Atlantic Bankruptcy Conference, “Evidentiary Issues in Chapter 11,” Charlottesville, VA, September 23-24, 2010

American Bankruptcy Institute Annual Meeting, “Real Estate Workout Issues,” Washington, DC, April 2010

American Conference Institute 2nd National Forum on Commercial Loans – Intercreditor Issues and Second Lien Loans, New York, NY, February 2010

American Bankruptcy Institute Winter Leadership Conference – “Lender Liability Issues” – La Quinta, CA, December 4, 2009

National Conference of Bankruptcy Judges – “Post Confirmation Jurisdiction and Litigation” – Las Vegas, NV, October 20, 2009

American Bankruptcy Institute Annual Meeting – “New Wave of Litigation – Fraudulent Transfers, Broken Commitments, Failure to Fund and Lack of Good Faith” – Washington, D.C., April 3, 2009

DePaul Law School Symposium - For Better or Worse- Chapter 11 in the Post BAPCPA Downturn – Chicago, Ill., April 16, 2009

American Bankruptcy Institute Rocky Mountain Conference –“Recharacterization Revisited” – Denver, Colorado, January, 2009

National Conference of Bankruptcy Judges – “Effective Techniques Used by Unsecured Creditors and Other Constituencies to Maximize Recoveries in Chapter 11” – Scottsdale, AZ – September, 2008

American Bankruptcy Institute Annual Meeting – April 4-6, 2008, Washington, DC – How Free is Free and Clear? – Panel Moderator and Presenter

North Carolina Bar Association – Bankruptcy Institute – Hedge Funds, Wilmington, NC – November 16, 2007

American Bankruptcy Institute Annual Meeting – Deepening Insolvency, Washington, DC – April 12-15, 2007

American Bankruptcy Institute Leadership Conference – Second Lien Lending – Phoenix, AZ – December, 2006

Views from the Bench – Facilitator, Corporate Governance Panel, Georgetown University School of Law/ABI, October 6 2006

National Conference of bankruptcy Judges – “How Far Will Secured Lenders Go?” – San Francisco, CA – November, 2006

“Lender Liability and Deepening Insolvency Developments,” presentation at American Bankruptcy Institute's 25th Annual Spring Meeting, April 2007

“Changing Economic and Market Conditions: What Lenders are Will to Do,” presentation to National Conference of Bankruptcy Judges, November 2006

American Bankruptcy Institute Annual Meeting – April 20-22, 2006, Washington, DC – Hot Topics and Important Issues

American Bankruptcy Institute Winter Leadership Conference – December 1-3, 2005, Banking and Finance Section – Second Lien Financing

American Bankruptcy Institute Southeast Bankruptcy Conference - July, 27-30, 2005, Deepening Insolvency, Aiding and Abetting in the Breach of Fiduciary Duties and the Lender Liability – Search for Accountability

North Carolina Banking Institute – “Silent Second Liens and Will the Bankruptcy Court Keep the Peace?” – April 7, 2005

National Conference of Bankruptcy Judges – ABA Presentation: “Who is Driving the Chapter 11 Bus?” – Nashville, Tennessee – October, 2004

American Bankruptcy Institute Northeast Bankruptcy Conference – July, 14-18, 2004, Section 363 Sale Issues

American Bankruptcy Institute National Spring Meeting, April 2003, Washington, DC – “Recharacterization and What Ever Happened to Equitable Subordination?” – Panel Moderator and Presenter

American Bankruptcy Institute Northeast Bankruptcy Conference – July 14-16, 2002, DIP Lending and Related Issues

New Hampshire Bar Association, “Practical Skills Course – Bankruptcy,” July 9, 1999, January 14, 2000

American Bankruptcy Institute Northeast Bankruptcy Conference - July, 1999, Advanced Claims Issues

New Hampshire Bar Association, “Recent Developments in Bankruptcy Law,” May 3, 1999

Publications

River Road – Important U.S. Decision on Credit Bidding for Secured Creditors, Brighton, Jo Ann; Lebioda, Nathan, INSOL World, First Quarter, 2013

Effects of the Sovereign Debt Crisis in the Eurozone on the U.S., ABI Journal, October 2012

Existence of a Third-Party Source of Payment is Sufficient to Distinguish Unsecured Claims, co-author, Nathan P.J. Lebioda, Am. Bankr. Inst. J., July 2012

Sovereign Debt Restructurings Global Effects and Lessons Learned From U.S., co-authors: Katchadurian, McGrath, Vol. XXX, No. 11, ABI Journal, February, 2012

Collier Guide to Chapter 11, Lexis/Nexis, co-authors: Parrish, Morgan, “Section 363 Sales,” 2011, 2012

Interview: Sovereign Debt Restructuring – History Repeating?, International Bar Association Daily News, October 31, 2011,

Dubai Conference, p. 8, October 31, 2011

Second Lien Financing, “An Update on Second-Lien Financings and Intercreditor Agreements: Part II”, co-author: Berman, Vol. XXX, No. 2, ABI Journal, May 2011, May 2011

An Update on Second-Lien Financings and Intercreditor Agreements: Part II, American Bankruptcy Institute Journal, March 2011

Current Status of Economy and Insolvency Laws/Cases in Each Country and how Jurisdiction Can Affect Dubai and UAE Crossover - Lessons Learned for Benefit of DIFC and Insolvency Law in UAE, presented at the Dubai International Financial Centre (DIFC) Courts 2011 Lecture Series, February 28, 2011

The Resurrection of Section 1111(B) in a Depressed Economy, Norton Annual Survey of Bankruptcy Law, February 2011

An Update on Second-Lien Financings and Intercreditor Agreements: Part I, American Bankruptcy Institute, January 4, 2011

Collier Guide to Chapter 11, Lexis/Nexis, co-authors: Parrish, Morgan, “Section 363 Sales,” 2011

Delaware Chancery Court Rules Creditors Lack Standing to Bring a Derivative Claim Against an Insolvent LLC, Corporate Alert, November 12, 2010

Managing Recent Bankruptcy Trends and Client Expectations with Creative Solutions, Inside the Minds: Navigating Recent Bankruptcy Law Trends, 2010

Section 363 Sales, Chapter, Collier Guide to Chapter 11, Lexis/Nexis, September 2010

Philadelphia Newspapers – Where Does It Leave Us?, May 1, 2010

TOUSA: Do Lenders Have the Responsibility to Protect Borrowers from Their Own Bad Judgment?, American Bankruptcy Institute Journal, February 1, 2010Section 1111(b) – A Primer in Current Economic Downturns and Depressed Real Estate Market, Nortons Annual Survey of Bankruptcy Law 2007, West Publishing, February 2010

Private Equity Newsletter, Winter 2009/2010

Yellowstone: New Standards for Lender Liability in Today's Economic Climate, American Bankruptcy Institute Journal, September 2009

Two Decisions Show that §363 Sales Are Not Dead in the Ninth Circuit, American Bankruptcy Institute Journal, July/August 2009

Second Lien Loans and Intercreditor Agreements, American Bankruptcy Institute Publications, May 2009

What is Left of Deepening Insolvency?, UK Corporate Rescue and Insolvency Journal, January/February 2009

What is Left for Creditors - Part II, American Bankruptcy Institute Journal, Vol. XXVII, No. 10, December 2008

What is Left for Creditors - Part I, American Bankruptcy Institute Journal, Vol. XXVII, No. 9, November 2008

Second Lien Financing, American Bankruptcy Institute, Fall 2008 How to enforce bankruptcy court orders, Charlotte Business Journal, April 2008

The Dura Decision Junior Creditors Again Strike Out in an Attempt to Interpret the Elusive XClause: What Might it Mean for Second Lien Financings, American Bankruptcy Institute Journal, Vol. XXVI, No. 11, March 2008

Deepening Insolvency & Zone of Insolvency, Nortons Annual Survey of Bankruptcy Law 2007, February 2008

Part II - How Free is "Free and Clear"? A Look at the Court of Appeals Decision in Al -Perry and its Future Implications on §363 Sales (if any)?, American Bankruptcy Institute Journal, Vol. XXVI No. 12, February 2008

Will the Sunlight of Disclosure Chill Hedge Funds? The Tale of Northwest Airlines, ABI Journal, May 2007

Hedge Funds: Lessons Learned from the Radnor Decision, ABI Journal, reprinted in ABI World, March 2007, February 2007

In the Wake of Trenwick - Further Case Developments and Jurisdictional Questions/Issues, ABI Journal, November 2006

The Trenwick Decision-The Death Knell for Deepening Insolvency?, ABI Journal, October 2006

Deepening the Blows Against Deepening Insolvency? The Third Circuit's CitX Opinion and Post-CitX Opinions, ABI Journal, September 2006

Second-Lien Financings: Part III: Anecdotes - the Good, the Bad and the Ugly: Atkins-the Good, ABI Journal, May 2006

Submicron Developments in Recharacterizations: Certainty and finality, or Further Confusion?, ABI Journal, April 2006

Second-Lien Financings: Part II: Anecdotes and Speculation - the Good, the Bad and the Ugly, ABI Journal, March 2006

Second-Lien Financings: Enforcement of Intercreditor Agreements in Bankruptcy - Part I: More Questions than Answers, ABI Journal, February 2006

Playing Chicken With the Court, American Bankruptcy Institute Journal, April 2005

Silent Second Liens - Will Bankruptcy Courts Keep the Peace?, 9 North Carolina Banking Institute 1, April 2005; Journal of Bankruptcy Law and Practice, August 2005, April 2005


Silent Second Lien Financings: Popular Lending Structure May Give Rise to Enforcement Problems, American Bankruptcy Institute Journal, February 2005

Secured Creditors Beware: The Latest Tool in the Creditors' Committee Toolbox, Aiding and Abetting in the Breach of a Fiduciary Duty, American Bankruptcy Institute Journal, October 2004

Deepening Insolvency, American Bankruptcy Institute Journal, Vol. XXIII, No.3, April 2004

Is It a Capital Contribution or a Loan? - Recharacterization - Practical Pointers in an Evolving Arena, American Bankruptcy Institute Journal, December/January 2004

Recharacterization, Chapter, Nortons Annual Survey of Bankruptcy Law, 2004

Capital Contribution or a Loan - Update on Recharacterization Cases, American Bankruptcy Institute Journal, Vol. XXIV No. 4, May 2003

Prompt Cure Under Section 363 - It May Not Be As Prompt As You Think, American Bankruptcy Institute Journal, Vol. XXII No. 3, April 2003

“How Free is Free and Clear? A Practical Guide to Protection Against Successor Liability When Purchasing Assets Out of a Bankruptcy Estate,” Vol. XXI No. 7, American Bankruptcy Institute Journal (September, 2002)

“Capital Contribution or a Loan? A practical Guide to Analyzing Recharacterization Claims,” Vol. XX, No. 8, American Bankruptcy Institute Journal (June, 2001)

“Payments Benefiting Insider Guarantors Can Be Protected From REcovery By Artful Loan Drafting,” Vol. XX, No. 8, American Bankruptcy Institute Journal (October, 2001)

“Doctrine of Necessity, Is It Really Necessary?” 10 Journal of Bankruptcy Law and Practice 107 (2000)

“Rewriting a Debtor's Tax History Under the Code,” Vol. XVIII, No. 6 American Bankruptcy Institute Journal (July/August, 1999)

"What is the Appropriate Statute of Limitations to be Applied to a Trustee's Cause of Action under Section 723(a) of the U.S. Bankruptcy Code,” 104 Commercial Law Journal (Fall 1999)

"A Primer for Using the Bankruptcy Code in Analyzing Whether A Payment Constitutes a Preference in the Context of an Insurance Rehabilitation/Liquidation Case,” Mealey's Litigation Report, Insurance Insolvency, July 21, 1999

“Women and the Law,” New Hampshire Magazine, (July 1998)

“Single Asset Real Estate Cases–Who Qualifies?” 15 American Bankruptcy Institute Journal 3 (April, 1996)

Admissions

  • New York
  • New Jersey
  • North Carolina

Education

  • New York Law School, JD, 1989
  • University of Delaware, BS, 1986

Jo Ann J. Brighton

Ms. Brighton is a Partner in the Charlotte and New York offices and focuses her practice on financial restructuring. She has represented institutions and lenders in all areas of commercial and bankruptcy law and in various matters including: intercreditor advisory work, lender liability work, syndicated loan restructurings, debtor in possession financing loans, litigation in bankruptcy court; and the negotiation, documentation, and restructuring of loan obligations. She has also been very active representing real estate funds and investors in the acquisition and disposition of distressed commercial real estate loans and loan portfolios and in restructuring troubled commercial real estate debt and equity investments.

Admissions

  • New York
  • New Jersey
  • North Carolina

Education

  • New York Law School, JD, 1989
  • University of Delaware, BS, 1986