Sidney P. Levinson

Mr. Levinson specializes in bankruptcy. His clients include debtors, trustees, bondholders and creditors’ committees in a variety of large, complex proceedings, including Hawaiian Airlines, Inc. (Chapter 11 Trustee), Fontainebleau Las Vegas (Term Lender Steering Group), WestPoint Stevens, Inc. (Steering Committee of First Lien Lenders), Azabu Buildings Company Ltd. (Petitioning Creditors), Premier Entertainment Biloxi (Majority Noteholders), NorthPoint Communications Group, Inc. (Chapter 7 Trustee), Peregrine Systems, Inc. (Official Committee of Unsecured Creditors), Liberty House, Inc. (Debtor-in-Possession), and Aureal Inc. (Debtor-in-Possession).

Mr. Levinson’s practice also includes bankruptcy-related commercial litigation.  In 2007, he represented Hawaiian Airlines in obtaining an $80 million judgment, plus an award of $3.9 million in attorneys fees, against Mesa Air Group, arising from Mesa’s breach of a confidentiality agreement. Hawaiian ultimately recovered from Mesa a cash settlement payment of $52.5 million.

Formerly, Mr. Levinson was a trial attorney at the Department of Justice, Civil Division, where he specialized in bankruptcy and commercial litigation. He writes and speaks frequently on insolvency issues. Mr. Levinson has been recognized by Chambers USA as a leading lawyer in the bankruptcy/restructuring area.

Publications

• “Bad Boy” Guaranties: Can a “Good Boy” Become Personally Liable?," presented at California Bankruptcy Forum, San Diego, CA, May 15, 2009
• “Limiting Equitable Mootness: An Evaluation of the BAP’s Decision in Clear Channel,” presented at Los Angeles Bankruptcy Forum, Los Angeles, CA, April 6, 2009
• “Bankruptcy Court Jurisdiction Over Non-Disclosure Agreements,” presented at Bankruptcy Law Section Seminar, Hawaii State Bar Association, Honolulu, HI, June 6, 2008
• “Bankruptcy’s Impact on IP Licenses,” presented by Tele-Seminar for Intellectual Property Law Section of the State Bar of California, Licensing Committee, February 28, 2008
• “Recent Developments Concerning the Use of ‘Blocking Procedures’ in Chapter 11 Proceedings,” presented at ABA 32nd Section of Business Law Spring Meeting, Washington, D.C., March 15, 2007
• “Was Professor Ward Really Serious? IP and Bankruptcy – When Worlds Collide,” presented at Financial Lawyers Conference, Los Angeles, CA, February 2, 2006
• “Can Bankruptcy Lawyers Charge Higher Billing Rates Than Their Non-Bankruptcy Counterparts?,” presented at 2004 ABI Hawaii Bankruptcy Workshop Program, Kauai, HI, June 25, 2004
• “Barbarians at the Gates: Distressed Debt Trading and Acquisition in Chapter 11 Cases,” presented at ABA Business Bankruptcy Committee Program at 77th Annual Meeting of National Conference of Bankruptcy Judges, San Diego, CA, October 17, 2003
• “Formation of Official Committees Under 11 U.S.C. § 1102: Composition, Appointment & Standard of Review,” presented at 2003 ABA Spring Meeting, Business Law Section, Los Angeles, CA, April 4, 2003
• “Does an Administrative Expense Constitute a ‘Claim,’” 25 California Bankruptcy Journal 389 (2000)
• “Does the Government Bear the Ultimate Burden of Proof Regarding Allowance of a Tax Claim in Bankruptcy,” 25 California Bankruptcy Journal 137 (1999)

News

• Chambers USA 2010 Profiles HBD Partners Among Its Leading Lawyers In The United States and Rates HBD’s Business Reorganization & Bankruptcy Practice Group In The Top Five In California
• Chambers USA 2009 Profiles HBD Partners Among Its Leading Lawyers In The United States And Rates HBD’s Business Reorganization & Bankruptcy Practice Group In The Top Ten In California
• Chambers USA 2008 Profiles HBD partners among its Leading Lawyers in the United States
• Judge denies Mesa retrial
• Mesa to pay $80M
• HBD partner Sid Levinson comments on Hawaiian Air's case against Mesa Air

Seminars

Panelist:  "DIP Securitization Financings: What Are They and How Do They Work," ABA Annual Meeting, Chicago, IL, August 3, 2009

Panelist:  “Understanding California Real Estate Insolvency:  Options and Alternatives in the Face of Pervasive Insider Guarantees & Slashed Values,” California Bankruptcy Forum, San Diego, CA, May 15, 2009

Panelist:  “Clear Channel:  Does Appealing Sales Make for Unappealing Assets?,” Los Angeles Bankruptcy Forum, Los Angeles, CA, April 6, 2009

Panelist:  “Confidentiality Agreements,” Bankruptcy Law Section Seminar, Hawaii State Bar Association, Honolulu, HI, June 6, 2008

Panelist:  “The U.S. Trustee Program in Chapter 11:  Current Policies,” ABA 32nd Section of Business Law Spring Meeting, Washington, D.C., March 15, 2007

Panelist:  “Was Professor Ward Really Serious?  IP and Bankruptcy – When Worlds Collide,” Financial Lawyers Conference, Los Angeles, CA, February 2, 2006

Panelist:  “To Ship or Not to Ship?  That is the Question. Representing Vendors in Bankruptcy,” Los Angeles Bankruptcy Forum, Los Angeles, CA, December 16, 2004

Moderator:  “Who Made These Rules Anyway?  Practical, Legal and Strategic Considerations for Retention and Compensation,” 2004 ABI Hawaii Bankruptcy Workshop Program, Kauai, HI, June 25, 2004

Panelist:  “When Sarbanes-Oxley and Bankruptcy Collide,” Orange County Bankruptcy Forum, Newport Beach, CA, April 29, 2003

Professional Affiliations

• Chair: ABA Subcommittee on Administration, U.S. Trustee, Jurisdiction & Venue, and Courts, 2005-present
• Vice Chair: ABA Subcommittee on Administration, U.S. Trustee, Jurisdiction & Venue, and Courts, 2002-2005
• Member: Board of Directors, Los Angeles Bankruptcy Forum, 2007–present
• Editor: California Bankruptcy Journal, 2000-03