Kristin K. Going

kristin.going dbr.com
Phone: (202) 230-5177
Fax: (202) 403-3123

About

Kristin K. Going has helped creditors maximize their recoveries in bankruptcies, federal and state court litigation, and out-of-court negotiations for more than 20 years. She is nationally known for her work representing financial institutions in their capacity as Indenture Trustee, Collateral Agent, and Administrative Agent. She has in-depth knowledge of the bond industry and the regulations and laws that impact debt securities, as well as significant experience litigating issues related to debt securities in default situations. Kristin’s strength as a lawyer lies in her relentless pursuit of her clients’ goals.

Kristin also routinely advises the Drinker Biddle Health Care team on restructuring issues impacting the health care industry and has gained a keen understanding of the issues and concerns that drive that decision-making for health care clients.

As the head of the Corporate Restructuring Practice at Drinker Biddle, Kristin enjoys being involved in the business of running a law firm almost as much as she enjoys practicing law. Kristin is very active in the restructuring community and frequently speaks about business restructuring at trade and industry conferences, as well as providing practical seminars for clients.

When not focused on the practice of law, Kristin tries to keep up with her two little boys and sometimes even finds time to ride her retired racehorses.

Experience

Kristin is known for her work representing financial institutions in their corporate trust matters. Her engagements include:

  • Representation of the Indenture Trustee for more than $6 billion of Puerto Rico Government Development Bank Bonds.
  • Representation of the Trustee for $1.4B Certificates of Participation in the City of Detroit chapter 9 proceeding and related litigation.
  • 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.
  • Litigation of several significant issues for financial institutions, including: intercreditor subordination issues, recharacterization of a sale leaseback transaction, and disputes involving contract interpretation of an indenture.
  • Defense of Indenture Trustees in suits alleging breach of fiduciary duty.

Given her in-depth knowledge of the Trust Indenture Act and cases interpreting the bond indentures, Kristin is often called upon to assist bondholders in protecting and maximizing their recoveries. Her engagements include:

  • Representation of Caesars Entertainment OpCo noteholders.
  • Representation of Norske Skog bondholders.
  • Representation of various bondholders groups on their rights in the face of exchange offers.

Kristin has represented clients across a range of industries in bankruptcy cases. Her engagements include:

  • 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 more than 80 brokers in a commercial real estate bankruptcy.
  • Representation of 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.
  • Representation of various entities in chapter 11 cases involving telecommunications companies, and litigation of issues involving the sale of FCC licenses.

Recognitions

Chambers USA, District of Columbia, Bankruptcy/Restructuring (2016)

Awards Methodology (www.drinkerbiddle.com/content/awards)

Extremely confident and detail-oriented, but also a consensus builder and a big-picture person when dealing with committees.

Chambers USA, 2016

Credentials

Bar Admissions

  • District of Columbia
  • Maryland
  • New York

Education

  • St. John's University School of Law, LL.M.
  • Cleveland-Marshall College of Law, J.D.
  • Syracuse University, B.A.

Court Admissions

  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. Supreme Court
  • U.S. District Court, District of Maryland
  • U.S. District Court, District of Columbia
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio

Organizations

  • ABI Law Review Advisory Board
  • American Bankers Association
  • American Bankruptcy Institute
  • American Bar Association
  • The Economic Club of New York
  • IWIRC
  • Practical Law Advisory Board
  • St. John’s University School of Law Advisory Board
  • Turnaround Management Association
  • Views from the Bench Advisory Board
  • Women in the Boardroom