Kristin K. Going

Partner

New York

(202) 230-5177 phone
(202) 403-3123 fax

Washington D.C.

(202) 230-5177 phone
(202) 403-3123 fax

Kristin K. Going has spent her career representing creditors in bankruptcies and work out situations in courts around the country.  As the leader of the corporate trust team, Kristin counsels national and regional banks on default and breach of fiduciary duty issues.  She regularly represents these banks in their capacity as Indenture Trustee, Security Trustee, Collateral and Security Agent, Fiscal and Paying Agent, Administrative Agent, and Collateral Manager.  Kristin also has experience dealing with unusual collateral problems, derivatives and bankruptcy, Ponzi schemes and the intersection of bankruptcy and regulated industries, such as health care and telecommunications.  

Kristin’s strength lies in her ability to understand the client’s business in order to craft the most effective solution to the problem.  She understands the needs and concerns of the financial institution while utilizing her bankruptcy experience to maximize creditor recoveries.  

Kristin is a frequent speaker for the American Bankers Association and the American Bankruptcy Institute.

She is a member of the firm's Hedge Fund Task Force and frequently advises funds and investors in cases involving fraud and Ponzi schemes, as well as funds liquidating under receivership or bankruptcy.  

In General. Kristin obtained an LL.M. in bankruptcy from St. John’s University School of Law, where she prepared and defended her LL.M. thesis on venue issues affecting bankruptcy filings and proceedings. 

Kristin currently serves on the ABI Law Review advisory board, the St. John's University LL.M. in Bankruptcy advisory board and the ABI Views from the Bench Advisory Board.  She was named to the Superlawyers 2013 Washington D.C. Rising Stars list.

When not focusing on corporate trust or bankruptcy matters, Kristin, an avid equestrian, can be found on her former racehorse, Blue.

Representative Matters

Corporate Trust:

  • Representation of Indenture Trustees in nearly every major airline bankruptcy, including American Airlines, Inc., Northwest Airlines, United Airlines, Flyi, Inc., and Atlas Air.  Kristin currently represents the Indenture Trustee for nine industrial revenue bond issues totaling over $1.2 billion in debt in the American Airlines bankruptcy.  
  • Representation of Indenture Trustees in project finance bankruptcies, including General Motors, as well as several energy facility bankruptcy cases.
  • Multiple representations of Indenture Trustees in bankruptcies involving asset backed securities.
  • Multiple representations of Indenture Trustees for trust preferred securities in various bank holding company bankruptcies, including extensive litigation involving the structure of trust preferred securities.  
  • Representation of Indenture Trustees in cross border bankruptcies, including Smurfit Stone and Escada .
  • Kristin has litigated several significant issues for financial institutions, including:  intercreditor subordination issues, recharacterization of a sale leaseback transaction, and disputes involving contract interpretation of an indenture.  
  • Kristin often defends Indenture Trustees in suits alleging breach of fiduciary duty.

Bankruptcy and Workouts:

  • Representation of secured creditors in hospital chapter 11 cases, including negotiation of use of cash collateral and debtor in possession financing. 
  • Liquidation, wind down and closure of a 250 bed acute care hospital.
  • Representation of purchasers and potential purchasers in bankruptcy auctions and sales, including negotiation of stalking horse bid protections and litigation involving challenges to the sale.
  • Representation of an ad hoc group of over 80 brokers in commercial real estate bankruptcy.
  • Kristin regularly represents creditors in preference and avoidance action litigation.  
  • Representation of landlords in disputes over lease cure amounts.  
  • Representation of hedge funds in avoidance actions and other litigation in Ponzi scheme bankruptcies, including the Madoff bankruptcy and similar bankruptcy cases.  
  • Representation of swap counterparties in the Lehman bankruptcy.
  • Kristin has also represented various entities in chapter 11 cases involving telecommunications companies, and litigated issues involving the sale of FCC licenses.  

Publications

07/21/2011
Corporate Restructuring Newsletter
Restructuring News
5/30/2006
American Bankruptcy Institute Journal
Involuntary Terminations of Pension Plans under ERISA Are Non-Core Matters

Speaking Engagements

10/05/2012
ABI Views from the Bench: How is New Rule 2019 Affecting Practice and Disclosure?
10/17/2011
American Bankers Association: Corporate Trust 2011: Turmoil = Opportunity
6/16/2011
Healthcare Financial Management Association

Corporate Trust:

  • Representation of Indenture Trustees in nearly every major airline bankruptcy, including American Airlines, Inc., Northwest Airlines, United Airlines, Flyi, Inc., and Atlas Air.  Kristin currently represents the Indenture Trustee for nine industrial revenue bond issues totaling over $1.2 billion in debt in the American Airlines bankruptcy.  
  • Representation of Indenture Trustees in project finance bankruptcies, including General Motors, as well as several energy facility bankruptcy cases.
  • Multiple representations of Indenture Trustees in bankruptcies involving asset backed securities.
  • Multiple representations of Indenture Trustees for trust preferred securities in various bank holding company bankruptcies, including extensive litigation involving the structure of trust preferred securities.  
  • Representation of Indenture Trustees in cross border bankruptcies, including Smurfit Stone and Escada .
  • Kristin has litigated several significant issues for financial institutions, including:  intercreditor subordination issues, recharacterization of a sale leaseback transaction, and disputes involving contract interpretation of an indenture.  
  • Kristin often defends Indenture Trustees in suits alleging breach of fiduciary duty.

Bankruptcy and Workouts:

  • Representation of secured creditors in hospital chapter 11 cases, including negotiation of use of cash collateral and debtor in possession financing. 
  • Liquidation, wind down and closure of a 250 bed acute care hospital.
  • Representation of purchasers and potential purchasers in bankruptcy auctions and sales, including negotiation of stalking horse bid protections and litigation involving challenges to the sale.
  • Representation of an ad hoc group of over 80 brokers in commercial real estate bankruptcy.
  • Kristin regularly represents creditors in preference and avoidance action litigation.  
  • Representation of landlords in disputes over lease cure amounts.  
  • Representation of hedge funds in avoidance actions and other litigation in Ponzi scheme bankruptcies, including the Madoff bankruptcy and similar bankruptcy cases.  
  • Representation of swap counterparties in the Lehman bankruptcy.
  • Kristin has also represented various entities in chapter 11 cases involving telecommunications companies, and litigated issues involving the sale of FCC licenses.