Toby’s practice focuses on bankruptcy and creditors’ rights, commercial litigation, loan workouts, reorganizations and corporate recovery. Toby is a member of the firm’s bankruptcy, restructuring and creditors’ rights practice group. He has extensive experience representing corporate debtors, creditors’ committees, secured and unsecured creditors, acquisition entities, DIP lenders, and other parties in interest in formal bankruptcy proceedings nationwide and in out-of-court restructurings.

Toby is admitted to practice before the United States Bankruptcy and District Courts for the Eastern and Western Districts of Virginia and the Northern District of Florida.

Bar Admissions

Education
JD, Louis D. Brandeis School of Law, University of Louisville, cum laude; Notes Editor, University of Louisville Law Review (formerly the Brandeis Law Journal), Vol. 45, 2007

BA, University of Virginia, 2002

• Represented chapter 11 debtors, including public and private companies, in various industries, including retail, petroleum, energy, finance, and mortgage servicing.
• Represent secured and unsecured creditors in the chapter 11 cases of numerous national and international companies in a variety of industries, including manufacturing, real estate, and financial companies.
• Represent and advise parties in acquisition of assets of distressed companies, including through pre-packaged and pre-negotiated chapter 11 plans.
• Represent national finance company in commercial and bankruptcy litigation nationwide.
• Represented leading issuer, servicer and investor in subprime mortgage assets in out-of-court restructuring of over $4,000,000,000 in indebtedness.
• Represented chapter 11 debtors in sale of 300-store convenience store chain in the District of Delaware.
• Represented publicly traded, green-energy company with operations in 10 states domestically and in the UK in chapter 11 cases in the Southern District of New York
• Represented publicly traded geothermal energy startup and its affiliates in chapter 11 cases in the District of Delaware. Confirmed reorganizing chapter 11 plan in 120 days.
• Represented secured lender in successful acquisition of several golf courses and country clubs that were in chapter 11 in Eastern District of Virginia and Eastern District of North Carolina.

• Member, Virginia and Richmond Bar Associations
• Member, American Bankruptcy Institute

• TruPS Holders Have Standing to Commence An Involuntary Bankruptcy Case Against a Bank Holding Company, Bloomberg BNA Banking Report
• Section 503(b)(9)'s Impact: A Proposal to Make Chapter 11 Viable Again for Retail Debtors, ABI Journal
• Sixth Circuit Decides that Litigants Cannot Waive Stern Issues, ABI Journal
• 2nd Circ. Favors Appellees Under Equitable Mootness, Law360
• Break-Up Fees in Bank Holding Company Bankruptcies, Differences or Mere Distinctions?, American Bankruptcy Institute Journal