Overview
Kristin K. Going advises clients on all aspects of financial restructurings. She helps bondholders and other creditors maximize their recoveries in bankruptcies, federal and state litigation, and out-of-court negotiations. With more than 20 years of experience, she is well-known for representing financial institutions in their capacity as indenture trustee, collateral agent and administrative agent, and providing advice on corporate trust matters.
Kristin represents indenture trustees in bankruptcies and federal court litigation. She has extensive experience with asset backed securities and municipal bond obligations securities, and for trust-preferred securities in various bank-holding company bankruptcies, including extensive litigation involving the structure of trust-preferred securities. She has experience representing hedge funds in avoidance actions and other litigation in Ponzi scheme bankruptcies, including the Madoff bankruptcy and similar bankruptcy cases. Kristin also has experience in the health care, aviation and telecommunications industries.
Kristin also represents clients in intercreditor subordination issues, recharacterization of a sale leaseback transaction, and disputes involving contract interpretation of an indenture. With in-depth knowledge of the bond industry and its regulations and laws, she represents various bondholders groups on their rights in the face of exchange offers. She also advises on restructuring issues affecting the health care industry.
Kristin frequently speaks about business restructuring topics at trade and industry conferences, as well as provides practical seminars for clients.
Results
Corporate Trust
- Representing the Motors Liquidation Company GUC Trust
- Represented the indenture trustee for more than $6 billion of Puerto Rico Government Development Bank Bonds*
- Represented the trustee for $1.4 billion Certificates of Participation in the City of Detroit Chapter 9 proceeding and related litigation*
- Represented indenture trustees in nearly every major airline bankruptcy, including American Airlines, Inc., Northwest Airlines, United Airlines, Flyi, Inc., and Atlas Air*
- Representing the indenture trustee for nine industrial revenue bond issues totaling over $1.2 billion in debt in the American Airlines bankruptcy*
- Represented indenture trustees in project finance bankruptcies, including General Motors, as well as several energy facility bankruptcy cases*
- Represented indenture trustees in cross-border bankruptcies, including Smurfit Stone and Escada*
Bondholders
- Represented Caesars Entertainment OpCo noteholders in interpreting bond indentures, and protecting and maximizing their recoveries*
- Represented Norske Skog bondholders in interpreting bond indentures, and protecting and maximizing their recoveries*
Bankruptcy and Workouts
- Represented secured creditors in a hospital’s Chapter 11 cases, including negotiation of use of cash collateral and debtor in possession financing*
- Represented client in the liquidation, wind down and closure of a 250-bed acute care hospital*
- Represented purchasers and potential purchasers in bankruptcy auctions and sales, including negotiation of stalking horse bid protections and litigation involving challenges to the sale*
- Represented an ad hoc group of more than 80 brokers in a commercial real estate bankruptcy*
- Represented creditors in a preference and avoidance action litigation matter*
- Represented landlords in its disputes over lease cure amounts*
- Represented swap counterparties in the Lehman bankruptcy*
*Matter handled prior to joining McDermott*
Recognitions
- The Legal 500 US 2021, Restructuring (including bankruptcy): Corporate
- Chambers USA, District of Columbia, Bankruptcy/Restructuring, 2016 – 2021
- Chambers USA, New York, Bankruptcy/Restructuring “Recognised Practitioner,” 2019
- Lawdragon 2020 Leading US Bankruptcy and Restructuring Lawyers
- Crain’s New York Business, Notable Women in Law, 2019
- The Best Lawyers in America, 2021, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Community
- ABI Law Review Advisory Board, member
- American Bankers Association, member
- American Bankruptcy Institute, member
- American Bar Association, member, chair of Trust Indentures and Indentures Trustee Committee
- The Economic Club of New York, member
- IWIRC, member
- Practical Law Advisory Board, member
- John’s University School of Law Advisory Board, member
- Turnaround Management Association, member
- Views from the Bench Advisory Board, member
Credentials
Education
St. John’s University School of Law, LLM, 2002
Cleveland-Marshall College of Law, JD, 1998
Syracuse University, BA, 1995
Admissions
District of Columbia
Maryland
New York
Courts / Agencies
US Supreme Court
US Court of Appeals for the Second Circuit
US District Court for the District of Columbia
US District Court for the District of Maryland
US District Court for the Eastern District of New York
US District Court for the Southern District of New York
US District Court for the Northern District of Ohio
US District Court for the Southern District of Ohio
