Lauren F. McKelvey

SHAREHOLDER
Phone: (703) 218-2135
Fax: (703) 218-2160
Practice Areas

Lauren F. McKelvey

SHAREHOLDER
Phone: (703) 218-2135
Fax: (703) 218-2160
Practice Areas

Both litigator and dealmaker, Lauren Friend McKelvey is equally comfortable in the courtroom—litigating bankruptcy matters and other business disputes—and the boardroom—negotiating restructuring deals, acquisition agreements, and technology contracts.

With experience in both United States bankruptcy law and  international insolvency issues, Lauren represents clients in all aspects of bankruptcy litigation and transactions, including bankruptcy asset sales, bankruptcy-related contract and licensing issues, Chapter 15 cross-border cases, and preference and fraudulent transfer litigation.

Lauren advises distressed businesses, assisting them in negotiating loan agreements, refinancing, workout and forbearance agreements, mergers and acquisitions, or Chapter 11 bankruptcy reorganizations.

She also represents financially strong companies and banks that have dealings with distressed companies, see opportunities in acquiring distressed assets, or find themselves involved in bankruptcy litigation. Lauren has particular experience advising clients on the acquisition, protection, and licensing of software, patented inventions, and other technology assets. Her clients have included insurance companies, private equity funds, banks, Fortune 500 companies, and local businesses.

Lauren focuses her practice in the Washington, D.C. metropolitan area, and has extensive experience operating in the Eastern District of Virginia’s (EDVA) “Rocket Docket” in both the Bankruptcy and District Courts. She has represented clients in over 180 cases in the EDVA Bankruptcy Court alone.  Lauren has been recognized as a “Rising Star” by Virginia and Washington, D.C. Super Lawyers and the International Women’s Insolvency & Restructuring Confederation (IWIRC).

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Education
  • J.D., magna cum laude, Antonin Scalia Law School, George Mason University
    • Symposium Editor, George Mason Law Review
  • M.A., Edmund A. Walsh School of Foreign Service, Georgetown University
    • Honors Certificate, Landegger Program in International Business Diplomacy
  • B.A., summa cum laude, Sweet Briar College
    • First in Graduating Class
    • Phi Beta Kappa
    • NCAA Academic All-American At-Large Team (swimming)
Admitted To Practice
  • Virginia
  • District of Columbia
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Eastern District of Texas
  • U.S. Bankruptcy Court for the Eastern District of Virginia
  • U.S. Bankruptcy Court for the District of Columbia
  • U.S. Court of Appeals for the District of Columbia Circuit
Practice Highlights

Recent Trial Highlights:

  • April 2017 – Represented creditor in successful objection to confirmation of plan, sustained with prejudice, in a contested bench trial in the Bankruptcy Court for the Eastern District of Virginia.
  • April 2016 – Obtained judgment for creditor in contested bench trial in the Bankruptcy Court for the District of Columbia and declaration that the judgment was not dischargeable in bankruptcy based on the debtor’s fraud (decision in favor of client affirmed on appeal to the District Court for the District of Columbia in February 2017).
  • November 2015 – Obtained judgment for creditor in contested breach-of-contract bench trial in the General District Court for the City of Staunton, Virginia.
  • January 2015 – Represented corporate debtor and successfully vacated judgment against corporate debtor in contested bench trial in the Superior Court of the District of Columbia (decision in favor of client affirmed on appeal to the District of Columbia Court of Appeals in February 2016).

Bankruptcy Litigation, Reorganization, and Counseling:

  • Represents creditors and insurers in large Chapter 11 bankruptcy cases, including American Airlines, Circuit City, Eastman Kodak Company, Hawker Beechcraft, and Life Partners Holdings, Inc.
  • Has represented clients in over 180 bankruptcy cases in the Eastern District of Virginia (EDVA) alone.
  • Represented creditor in Chapter 15 (cross-border) case of Canadian manufacturer, Cinram International.
  • Represented committee of unsecured creditors the Chapter 11 reorganization of a Washington, D.C. hospital.
  • Represented popular Washington, D.C. restaurant and lounge in its successful Chapter 11 reorganization.
  • Counseled Florida radio station group in its successful Chapter 11 reorganization.
  • Represented the Chapter 11 trustee in one of the largest real estate mortgage fraud and Ponzi schemes ever uncovered in the Washington, DC region.
  • Experienced in advising clients on international insolvency matters and cross-border bankruptcy issues.
  • Advises clients with respect to bankruptcy motions to assume, assign or reject leases and executory contracts, including technology contracts, purchase agreements, real property leases, licensing agreements, and franchise agreements.
  • Prosecutes and defends contempt proceedings in bankruptcy court.
  • Litigates fraudulent and preferential transfer actions in bankruptcy court.

Restructuring, Acquisition, and Technology Transactions:

  • Advises clients on acquisitions, venture formation and structure, restructuring, debt and equity funding, and equity purchases. Experienced in distressed asset transactions (both seller and purchaser), including acquisitions of real estate, aircraft, franchises, ownership interests in companies, and health care businesses.
  • Represents borrowers and lenders in loan agreements, refinance, workout, and forbearance agreements.
  • Counsels secured lenders regarding distressed debt, Uniform Commercial Code remedies, disposition of collateral, foreclosure, and repossession.
  • Advised private equity fund in negotiations related to a Small Business Investment Company (SBIC) receivership.
  • Negotiates and drafts software and technology contracts, including license agreements, end-user license agreements (EULA), service-level agreements (SLA), acceptable use policies (AUP), subscription agreements, master services agreements, master relationship agreements, professional services agreements, reseller agreements, and provider agreements.
Areas of Concentration
  • Bankruptcy & Creditors’ Rights
  • Technology
  • Litigation
  • Intellectual Property
Professional Activities

Professional Organizations:

  • American Bankruptcy Institute (ABI), International Committee
  • International Women’s Insolvency & Restructuring Confederation (IWIRC)
    • Board of Directors
    • Co-Chair, Washington, D.C. Network
  • Northern Virginia Bankruptcy Bar Association (NVBBA)
  • Member of the Eastern District of Virginia Standing Committee on Local Bankruptcy Rules
Honors & Awards
  • 2013-2017 Virginia Super Lawyer Rising Star – Bankruptcy: Business
  • 2014-2017 Washington D.C. Super Lawyer Rising Star – Bankruptcy: Business
  • Recipient of International Women’s Insolvency & Restructuring Confederation (IWIRC) 2014 Rising Star Award
Publications
  • Harness Your Strong Arm Powers: A Five-Point Checklist for Bringing Claims Under § 544 (June 30, 2015)
  • Can Bankrupt Law Firms Claw Back ‘Unfinished Biz’ Profits? (May 30, 2014)
  • A Primer on Serving the IRS and Other Federal and State Governmental Entities (May 4, 2014)
  • Can a Bankrupt Franchisee Assign Its Franchise Without the Franchisor’s Consent? (November 5, 2013)
  • Bankruptcy Court Declines to Extend Automatic Stay to Foreign Debtor’s U.S. Subsidiary (February 20, 2013)
  • Take Back That Jet: Managing Turbulence in Aircraft Repossession (June 5, 2010)
Speaking Engagements
  • Ponzi’s the Name, Clawback’s the Game: The Anatomy of Ponzi Scheme, International Women’s Insolvency & Restructuring Confederation (IWIRC) and the Maryland State Bar Association Consumer Bankruptcy Section, April 6, 2017.
  • Speaking Up: Effective Presentation Skills, Moderator, IWIRC Washington, D.C. Network’s Second Annual Professional Development Panel, November 9, 2015
  • The Trustee’s Strong-Arm Powers under Bankruptcy Code § 544: 7 Tips for Prosecuting and Defending Avoidance Actions, Northern Virginia Bankruptcy Bar Association, May 21, 2015
  • A Guide to Retail Chapter 11 Cases for Commercial Landlords, Mid-Atlantic Real Estate Corporate Counsel Meeting, May 7, 2014
  • Business Lending: Recent Legal Developments, ABI’s Risky Times for Secured Lenders and Servicers Workshop, November 6, 2013

Get In Touch

 We welcome the opportunity to partner with you on all your legal needs. Our Reston, Virginia, office is open from 8:00 a.m. to 6:00 p.m., Monday through Friday. You’ll find direct-dial phone numbers for individual attorneys on their profile pages, or click below to fill out a contact form to request an appointment.

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