About Andrew G. Lizotte
Andy has represented troubled companies in and out of Bankruptcy Court for more than 30 years and focuses on finding practical, long-term solutions to problems. A Certified Public Accountant, Andy began his career with KPMG. He uses his financial background to help clients assess their current circumstances and options by evaluating the source of their financial problems, the core business model, and opportunities to either restructure a business, arrange for a sale of assets, or work toward a liquidation.
Andy’s practice also includes representation of trustees, examiners, and receivers appointed by courts to supervise the administration of insolvent companies or individuals.
On the creditor side, Andy has extensive experience representing creditors’ committees and unsecured creditors in insolvency matters. When working in this capacity, he focuses on trying to understand the insolvent company’s business and issues, as well as the risks involved in alternatives to achieve the best likely financial recovery for creditors.
In all of these roles, Andy takes into consideration the costs to be incurred, the time to achieve the objectives, and the impact upon the client’s existing business.
After graduating from law school, Andy worked as a law clerk for James Queenan, then the Chief Judge of the United States Bankruptcy Court, District of Massachusetts, and a well-known co-author of the authoritative treatise on Chapter 11 bankruptcy.
Andy has written and spoken extensively on bankruptcy related issues.
Representative Engagements
- Andy worked as counsel to the Chapter 11 trustee in the case of TelexFree, one of the world’s largest Ponzi and pyramid schemes. This case involved many unique aspects, including the creation by the trustee and his team of an interactive, online portal for the filing of claims by more than 100,000 victims, as well as the trustee’s prosecution of a defendant class action to recover funds from net winners of the scheme. To date, victims have received more than 50% recovery on their allowed claims.
- Andy has represented several life science companies in their Chapter 11 cases. Two of the cases involved the successful sale of intellectual property rights and related assets. In the first case involving hemophilia drug candidates, two separate sales of assets were implemented resulting in cash and future royalties having a value of upwards of $250 million, payment in full of creditors, and a recovery for equity holders. The second case involved the sale of a clinical stage cancer drug treatment and related assets for approximately $3 million. A third life science case, involving ocular gene therapy, is ongoing.
- Andy successfully reorganized the developer and seller of fitness equipment in a Subchapter V reorganization case and was able to obtain confirmation of a plan in less than four months, reducing indebtedness by more than $2 million and preserving the company’s ability to access e-commerce sales platforms. Because of the speed in obtaining approval of the plan, Andy was able to help minimize the impact of the bankruptcy upon the company’s business.
- Andy represents a federal receiver of an owner and installer of residential and commercial solar facilities throughout Western Massachusetts and Connecticut. Andy and the firm are currently representing the receiver in litigation against the former owners and a related company that acquired the assets of the entity shortly prior to the receivership.
- Andy represented the operator of a statewide broadband network in Chapter 11. Andy and the firm recovered more than $8 million through arbitration from the state agency that held the operator agreement. This result enabled the company to obtain confirmation of a plan of reorganization providing for continued management and operation of the network.
- Andy was lead counsel to three debtors owning multi-tenanted shopping plazas in Massachusetts and New Hampshire, culminating in a successful sale for approximately $16 million.
Professional Involvement
- Boston Bar Association
- American Bankruptcy Institute
Honors
- Best Lawyers in America© since 2020 – Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
- Recognized seventeen years as a Massachusetts Super Lawyers© – Bankruptcy: Business
- Member, Suffolk Transnational Law Journal
- Summer Author, Suffolk University Law Review
Speaking Engagements
- February 2024, panelist on ABA Podcast involving a discussion of Evidentiary Issues Associated with Confirmation of a Plan under Subchapter V.
- July 2022, Panelist on Emerging Leaders and Judge’s Roundtable at the ABI Northeast Conference
- May 2021, Panelist on Issues Regarding Third Party Releases and Injunctions in Chapter 11 Plans and in Settlements at the Boston Bar Association’s 31st Annual Bankruptcy Bench Meets Bar Conference
- June 2019, Moderated a panel discussion on arbitration and mediation at 35th Annual Bankruptcy & Restructuring Conference of the Association of Insolvency and Restructuring Advisors
- May 2015, Panel Chairman of seminar on Asset Protection – Shielding and Getting at Wealth
- April 2015, Panelist in seminar Solicitation and Representation of Creditors’ Committees
- November 2010, Panelist in a BBA seminar on Chapter 11 bankruptcy cases for individuals
- July 2010, Panelist on American Bankruptcy Institute seminar on Alternatives to Reorganizing under Chapter 11
- September 2005, Chaired the Mass Continuing Legal Education (MCLE) conference on real estate aspects of the new bankruptcy law
- December 2004, Panelist on Bankruptcy Basics seminar sponsored by Mass Continuing Legal Education (MCLE)
Vcard
