Bankruptcy/Creditors’ Rights

Published November 30, 2016 by Virginia Business

John D. McIntyre

Wilson & McIntyre PLLC
Norfolk

 Other legal specialties:  Commercial litigation, including shareholder disputes in closely held businesses.
 Birthplace:  Pittsburgh
 Education:  Bachelor’s degree, Allegheny College; law degree, University of Pittsburgh School of Law
 Spouse:  Jacqueline McIntyre
 Children:  Ian, 14; Alex, 11; and Chandler, 6.
 Hobbies or pastimes:  Fishing, reading and occasionally a couple hours of sleep.
 First job as a lawyer : Law clerk to the Hon . Hal J. Bonney Jr., United States Bankruptcy Court judge.
Fan of: Pittsburgh Steelers
Favorite vacation spot: The Florida Keys but really anywhere that my family is.
Recently read book: “World Order” by Henry Kissinger
Career mentors: Judge Bonney, who helped me to understand the bankruptcy process, and Ross Reeves, one of the smartest people I’ve had the privilege to know.

What trends are you seeing in bankruptcy law?
Commercial defaults appear to be trending upward.  Unlike the last cycle, these cases do not have their genesis in any unified economic factor.  Instead, they appear to be the product of the change in the economy brought about by the last downturn.  In addition, with the recent restrictions on lending, more companies have turned to the secondary lending market, where high interest rates and short amortization periods typically guarantee future defaults.

What has been your most challenging or interesting case? 
Ford’s Colony — a residential development and country club in Williamsburg.  That case had it all: insider litigation, competing Chapter 11 plans and a diverse creditor base — many of whom were also homeowners in the development.   Every issue potentially impacted not just the creditors, but also the lives and future plans of hundreds of homeowners.