Overview
Judge Ralph R. Mabey is a member of the firm's Litigation section. He focuses on business bankruptcy and workouts and is recognized for his work as a court-appointed examiner, trustee, and committee counsel, as well as an arbitrator, mediator, and expert witness in many restructuring and bankruptcy-related cases throughout the country.
Representative engagements include: Extended Stay Hotels (as examiner), Lehman Brothers (as court appointed mediator), A.H. Robins Company (as examiner with expanded powers), Cajun Electric Power Cooperative (as chapter 11 trustee), Dow Corning (as counsel for certain bondholders), Columbia Gas System (as equity committee counsel), Federated Department Stores (as counsel for the official pre-merger bondholders committee), TWA (as counsel for the pilots), Enron (as special counsel for the debtor), Boston Chicken (as an expert witness), and ASARCO (as an expert witness).
Judge Mabey is a professor of law at the University of Utah S.J. Quinney College of Law. He is the former president and chair of the American College of Bankruptcy and has served on the governing boards of the National Bankruptcy Conference and International Insolvency Institute. He was an appointee of Chief Justice Rehnquist to the U.S. Judicial Conference Bankruptcy Rules Committee and served as a contributing author to Collier on Bankruptcy.
From 1979 to 1983, he served as U.S. Bankruptcy Judge for the District of Utah.
Affiliations
American College of Bankruptcy
American Law Institute
National Bankruptcy Conference
National Conference of Bankruptcy Judges
ABA Business Bankruptcy Committee
International Insolvency Institute
American Bankruptcy Institute
J. Reuben Clark Law Society (International Chair, 1997-1999)
Honors & Awards
Best Lawyers: Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (2015-2022, 2024)
Utah Legal Elite: Bankruptcy (2015-2018)
Who’s Who Legal: Insolvency & Restructuring (2011-2012)
Southern California's Best Lawyers in America (2011-2012)
Rated, AV® Preeminent™ by Martindale-Hubbell
Distinguished Service Award by the American College of Bankruptcy (2009)
Experience
Following are representative engagements:
Mediator
- Lehman Brothers
- Caldor Corporation
- MarkAir
- William Herbert Hunt Trust
- Sea Launch
Examiner
- Extended Stay, Inc. (New York)
- A.H. Robins Company (Virginia)
Expert Witness/Consultant
- AT&T (expert litigation consultant)
- Boston Chicken (expert witness)
- ASARCO (expert witness)
Trustee
- Cajun Electric Power Cooperative (chapter 11 trustee)
Committee Representations
- Columbia Gas Systems (Equity Committee)
- MicroAge (Creditors Committee)
- Federated Department Stores (counsel for the official pre-merger bondholders committee)
Significant Creditor/Party In Interest Representations
- TWA (counsel for the pilots)
- Dow Corning (counsel for certain bondholders)
- Baldwin United (counsel for Indiana Insurance commissioner)
Expert Commentary
- Hon. Ralph R. Mabey on In re Excel Innovations, Inc., Solidus Networks, Inc. v. Excel Innovations, Inc. (In re Excel Innovations, Inc.), 502 F.3d 1086 (9th Cir. 2007), LexisNexis Expert Commentaries, February 2008
- Hon. Ralph R. Mabey on In re Brown & Cole Stores, LLC, Brown & Cole Stores, LLC v. Associated Grocers, Inc. (In re Brown & Cole Stores, LLC), 375 B.R. 873 (B.A.P. 9th Cir. 2007), LexisNexis Expert Commentaries, December 2007
- Hon. Ralph R. Mabey on In re Seven Fields Development Corp., Geruschat v. Ernst & Young LLP (In re Seven Fields Development Corp.), 505 F.3d 237 (3d Cir. 2007), LexisNexis Expert Commentaries, December 2007
- Hon. Ralph R. Mabey on In re El Toro Materials Co., Saddleback Valley Community Church v. El Toro Materials Co., Inc. (In re El Toro Materials Co., Inc.) 2007 U.S. App., Lexis 22991 (9th Cir. Oct. 1, 2007), LexisNexis Expert Commentaries, November 2007
- Hon. Ralph R. Mabey on In re Northwest Airlines Corp., In re Northwest Airlines Corp., 366 B.R. 270 (Bankr. S.D.N.Y. 2007), LexisNexis Expert Commentaries, November 2007
- Hon. Ralph R. Mabey on In re Adbox, Metcalf v. Golden (In re Adbox, Inc.), 488 F.3d 836 (9th Cir. 2007), LexisNexis Expert Commentary, November 2007
- Hon. Ralph R. Mabey on In re Gencarelli, UPS Capital Business Credit v. Gencarelli (In re Gencarelli), 2007 U.S. App. Lexis 20751 (1st Cir. Aug. 30, 2007), LexisNexis Expert Commentaries, October 2007
- Hon. Ralph R. Mabey on In re National Energy & Gas Transmission, National Energy & Gas Transmission, Inc. v. Liberty Electric Power, LLC (In re National Energy & Gas Transmission, Inc.), 492 F3d 297, 2007 U.S. App., Lexis 16263 (4th Cir. 2007), LexisNexis Expert Commentaries, September 2007
- Hon. Ralph R. Mabey on In re Perrine, In re Perrine, 2007 Bankr. Lexis 1432 (Bankr. C.D. Cal. April 13, 2007), LexisNexis Expert Commentaries, September 2007
- Hon. Ralph R. Mabey on In re Dana Corp., In re Dana Corp., 2007 Bankr. Lexis 1466 (Bankr. S.D.N.Y. Apr. 19, 2007), Lexis Nexis Expert Commentaries, August 2007
- Hon. Ralph R. Mabey on VFB LLC v. Campbell Soup Co., VFB LLC v. Campbell Soup Co., 482 F.3d 624 (3d Cir. 2007), LexisNexis Expert Commentaries, July 2007
- Hon. Ralph R. Mabey on In re Fortune Natural Resources Corporation, In re Fortune Natural Resources Corp., 2007 Bankr. Lexis 1350 (Bankr. E.D. La. Apr. 12, 2007), LexisNexis Expert Commentaries, July 2007
Other Experience
- Senior Of Counsel with Stutman, Treister & Glatt
- U.S. Bankruptcy Judge from (1979-1983)
- Founded and headed for 20 years the international bankruptcy practice of LeBoeuf, Lamb, Greene & MacRae
News & Events
News
- 08.15.2024
- 08.17.2023
- 08.18.2022
- 08.19.2021
- 08.20.2020
- 08.15.2019
- 08.16.2018
- 02.2018
- Press Release, 08.16.2017
- 02.2016
- Press Release, 08.18.2015
- Press Release, 05.06.2015
- Press Release, 04.03.2015
- Press Release, 08.18.2014
- The Wall Street Journal, 05.27.2014
- Press Release, 05.15.2014
Speaking Engagements
- New York University School of Law, September 17 - 18, 2014
- The New U.S. Trustee Guidelines for Review of Attorneys' Fees and Expense Applications in Larger Chapter 11 Cases: Issues and ObservationsAmerican Bankruptcy Institute/New York University School of Law, 39th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization, 2013
- Multinational Enterprise Group Insolvencies: Emerging Issues and Proposed GuidelinesAmerican Bankruptcy Institute/New York University School of Law, 39th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization, 2013
- Professionals Employed Under Bankruptcy Code Sections 327 and 1103: Standards for Employment--The use of Conflicts Counsel to Cure Otherwise Disqualifying Conflicts of Interest--The Scope of Rule 2014 Disclosure ObligationsAmerican Bankruptcy Institute/New York University School of Law, 39th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization, 2013
- Effective Use of Chapter 11: The Good, the Bad and the UglyAmerican College of Bankruptcy Tenth Circuit Bankruptcy Conference, University of Utah, 10.2012
- Issues Affecting Distressed Debt InvestmentAmerican Bankruptcy Institute/New York University School of Law 38th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization, New York, 09.2012
- Plan Confirmation Issues: Part IIAmerican Bankruptcy Institute/New York University School of Law 38th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization, New York, 09.2012
- Mediation in Bankruptcy: A Complement to the Judicial ProcessAmerican Bar Association Business Law Section's Business Bankruptcy Committee, 85th Annual National Conference of Bankruptcy Judges, Tampa, FL, 10.2011
- Featured Speaker, INSOL IndiaGwalior, India, 10.2011
- Examine This! Examiners, Examinations and You85th Annual National Conference of Bankruptcy Judges, Tampa, FL, 10.2011
- Consensual Resolution Part II: The 'Solutions' and Whether They WorkABI Bankruptcy and Business Reorganization Advanced Course 2011, New York University School of Law, New York, NY, 09.2011
- Consensual Resolution Part I: The ObstaclesABI Bankruptcy and Business Reorganization Advanced Course 2011, New York University School of Law, New York, NY, 09.2011
- Issues Affecting Claims Transfers/Special Purpose Entities in BankruptcyBankruptcy and Business Reorganization Advanced Course 2010, New York University School of Law, New York, NY, 09.2011
- Early Challenges in Chapter 11 CasesAnnual American Law Institute-American Bar Association Course of Study, "Fundamentals of Bankruptcy Law, Chicago, IL, 09.06.2011
- Coordinating Corporate Group Insolvencies Across National BordersInternational Insolvency Institute 11 th Annual International Insolvency Institute Conference, New York, NY, 06.11.2011
- Ethics and Morality in the Classroom3rd Annual J. Reuben Clark Law Society Faculty Section Conference in connection with the American Association of Law Schools, San Francisco, CA, 01.2011
- Harvard Law School Roundtable on Distressed Debt RestructuringHarvard Law School, Boston, MA, 12.2010
- Chapter 9 Municipal Debt AdjustmentsBankruptcy and Business Reorganization Advanced Course 2010, New York University School of Law, New York, NY, 09.2010
- Coordination of Multinational Corporate Group Insolvencies: Solving the COMI IssueInternational Insolvency Institute 10 th Annual Conference, Rome, Italy, 06.2010
- Distribution of the EstateAnnual American Law Institute-American Bar Association Course of Study, "Fundamentals of Bankruptcy Law, Chicago, IL, 04.2010
- Navigating Angels Landing at Zion National Park: The Art of Negotiation in BankruptcyAmerican Bankruptcy Institute's Rocky Mountain Bankruptcy Conference, Denver, CO, 01.2010
Publications
- Co-author, Coordination Among Insolvency Courts in the Rescue of Multi-National EnterprisesAnnual Review of International Insolvency, 2009
- The Evolving Bankruptcy Bench: How Are the "Units" (28 U.S.C. § 151) Faring?Boston College Law Review, 12.2005
- Second Report of the Select Advisory Committee on Business Reorganization (Select Advisory Committee Member)The Business Lawyer, Vol 60, No. 1, 11.2004
- Transnational Insolvency: Cooperation Among the NAFTA Countries (U.S. Advisor)The American Law Institute, Vol, 4, 2003
- Co-author, Chapter 11 Reorganization of Utility CompaniesEnergy Law Journal, Vol. 22, No. 2, 2001
- Co-author, Expanding the Reach of Alternative Dispute Resolution in Bankruptcy: The Legal and Practical Bases for the Use of Mediation and Other Forms of ADR46 South Carolina Law Review 1259, 1995
- Co-author, Improving Treatment of Future Claims: The Unfinished Business Left by the Manville Amendments69 The American Bankruptcy Law Journal 487, 1995
- Co-author, Constitutional Limitations on the Discharge of Future Claims in Bankruptcy44 South Carolina Law Review 745, 1993
- Authors’ Rights and Bankruptcy: A Roundtable Discussion14 Columbia-VLA Journal of Law and the Arts 189, 1990
- Co-author, In re Frenville: A Critique by the National Bankruptcy Conference’s Committee on Claims and Distributions42 The Business Lawyer 697, 1987
Practice Areas
Education
Columbia Law School, JD, 1972
- Harlan Fiske Stone Scholar
Board of Editors, Columbia Law Review
University of Utah, BA, cum laude, 1968
Admissions
- Utah, 1972
- New York, 1985
Other Admissions
- United States Supreme Court
- United States Courts of Appeals for the Third, Fourth, Fifth and Tenth Circuits
- United States District Courts for the Southern District of New York and District of Utah.