Overview
Robert Maddox focuses his practice on corporate bankruptcy and restructuring, with an emphasis on bankruptcy litigation and contested matters.
While in law school, Bob served as the president of his class and as a member of the University of Maryland Moot Court Board. He also completed internships with the Honorable Lynne A. Battaglia in the Maryland Court of Appeals and with the United States Environmental Protection Agency Office of General Counsel.
PRACTICES
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- Mallinckrodt Plc: Represented debtors in various litigation matters; trial counsel for imposition and continuation of temporary restraining orders; managed document review team in connection with investigation on behalf of independent directors evaluating viability of potential claims
- Brooks Brothers Group, Inc.: Represented debtors in various litigation matters; enforcement of automatic stay; litigation relating to a disputed sale; addressing retiree and union issues
- Lucky’s Market Parent Company, LLC: Represented guarantor in dispute over contractor and lease claims
- VIVUS, Inc.: Represented special committee investigating viability of debtor claims; planned, implemented, and managed collection, review, and analysis of documents in connection with the investigation; litigation of disputed administrative claim
- Libbey Glass Inc.: Represented debtors in defending motion for relief from automatic stay
- KiOR, Inc.: Represented reorganized debtor in dispute over use of privileged documents and enforcing the terms of debtor’s plan
- RentPath Holdings, Inc.: Represented debtor in litigation concerning alleged breach of debtor’s asset purchase agreement
- FTD Companies, Inc.: Represented debtors defending disputed administrative claims
- Perkins & Marie Callender’s, LLC: Represented debtors defending disputed administrative claim
- Insys Therapeutics, Inc.: Represented debtors in various litigation matters arising out of disputes with U.S. Department of Justice and creditors committee
- Sanchez Energy Corporation: Represented members of the audit committee; planned, implemented, and managed collection, review, and analysis of audit committee documents in connection with investigation of potential company claims
- WMC Mortgage: Represented special committee investigating parent transactions; planned, implemented, and managed collection, review, and analysis of documents in connection with the investigation on behalf of independent directors evaluating viability of potential claims
- Elk Petroleum, Inc.: Represented lenders in various litigation matters; contested motion for standing filed by official committee of equity security holders; litigation relating to disputed sale of debtor’s assets
- The Weinstein Company Holdings, LLC: Represented debtors in administrative claim dispute and contract disputes; managed document collection and review in connection with related discovery
- Rockport Company: Represented debtor in contested claim litigation
- Innovative Building Systems, LLC: Represented defendant in adversary proceeding to recover alleged avoidable transfers
- Horsehead Holding: Represented equity committee in contested confirmation proceedings; trial counsel for equity committee opposing plan confirmation
- Hancock Fabrics: Represented debtors in contested claim litigation
- HH Liquidation, LLC: Represented defendants in preferential transfer litigations
- Corinthian Colleges, Inc.: Represented debtors in connection with contested and adversary proceeding matters
- Samson Resources, Inc.: Represented reorganized debtors in various litigation matters and contested claims litigation
- Caesars Entertainment Operating Company, Inc.: Represented independent directors in contested matters; managed collection, review, and analysis of independent directors’ documents in connection with investigation of potential company claims
- Blitz U.S.A., Inc.: Represented debtors in various contested matters, including discovery, motions for relief from stay, and contested settlement motion
- CB Holding Corp. Liquidating Trust: Represented plaintiff in proceeding to recover alleged avoidable transfers
- Carolina Fluid Handling Intermediate Holding Corp.: Represented defendant in adversary proceedings to recover alleged avoidable transfers
- Meridian Automotive Systems, Inc.: Represented defendant in adversary proceeding to recover alleged avoidable transfers
- University of Maryland School of Law, J.D., magna cum laude, 2009
Order of the Coif - University of Maryland Baltimore County, B.A., Psychology, Minor in Philosophy, 2001
Education
Publications
Assess 3 Potential Preference Action Defenses
DailyDAC | August 22, 2022
Your company has just been served with a preference complaint. The complaint seeks to recover tens or hundreds of thousands of dollars, even though your company has already taken a loss on the debtor’s accounts. Your initial response is anger at the unfairness of being sued. Fortunately, under Bankruptcy Code § 547(b), Congress included defenses against…
Effect of Post-Petition Payments on ‘New Value’ Defense
Delaware Business Court Insider | February 5, 2014
The U.S. Court of Appeals for the Third Circuit’s recent decision in Friedman’s Liquidating Trust v. Roth Staffing Companies LP, provides bankruptcy practitioners with long-awaited guidance on the effect that the post-petition payment of prepetition claims has on the calculation of the “new value” defense for purposes of determining preference liability.
Course of Business Defense Path to Preference Dismissal
ABA | November 19, 2012
In Gellert v. Coltec Indus., Inc., the Delaware Bankruptcy Court held that the ordinary course of business defense under 11 U.S.C. § 547(c)(2)(A) can be applied on a motion to dismiss, and that a transfer cannot be constructively fraudulent when payment of the transfer resulted in a dollar-for-dollar satisfaction of an antecedent debt.
- “Insurers’ Tangible Disadvantage Is Sufficient Injury for Article III Standing,” ABA case note, September 16, 2011
- “Bankruptcy Court Rules on Aggregate Value and Constructive Fraud,” ABA case note
- “Third Circuit Delivers Key Decision on Credit Bidding,” ABA case note
Recognition
- The Best Lawyers in America, Ones to Watch, since 2021
Bar Admissions
- Delaware, 2009