Hayden Smith has practiced in diverse areas of litigation and currently focuses in bankruptcy and commercial litigation. He has represented financial institutions, insurance, telecommunication and pharmaceutical companies, builders, manufacturers, distributors and other large- and medium-sized corporations as litigants and in all aspects of debtor-creditor relations and bankruptcy.
Hayden’s successful representation of a Savings and Loan Association resulted in the first reported decision addressing the circumstances under which a debtor may utilize the so-called “cram down” provisions of the Bankruptcy Code against a secured creditor opposing a plan of reorganization: Matter of Landmark Plaza Park, Ltd., 7 B.R. 653 (Bankr. Ct. N.J. 1980).
He has represented a major international securities firm as a secured creditor of a bankrupt securities dealer that purchased and sold various forms of mortgage-backed securities commonly known as “derivatives.” He has also represented trustees in brokerage firm liquidations under the Securities Investor Protection Act.
Although he generally represents creditors, Hayden acted as counsel for a publicly-held corporation, and its subsidiaries, in connection with a successful Chapter 11 proceeding involving a “pre-packaged” plan of reorganization.
Hayden has had significant involvement in the bankruptcy proceedings of Adelphia Business Solution, Inc. , Devon Mobile Communications, L.P., Dow Corning, Inc., HYM Financial, Inc., Calton, Inc. and the SIPA liquidations of Bevill, Bresler & Schulman, Inc. and First Interregional Equity Corp.
