PRACTICES
OVERVIEW
Amy Vulpio focuses her practice on creditor and debtor representation, bankruptcy appellate work and bankruptcy-related commercial litigation. Her experience representing both creditors and debtors gives her the breadth of perspective needed to advise her clients as to the priorities and motivations of the party across the table. Using this understanding, Amy works closely with her clients to formulate creative legal strategies and helps her clients achieve their goals through negotiation or litigation.
Amy represents creditors in diverse industries who require assistance in confessing judgment, obtaining relief from the automatic stay, filing and litigating proofs of claim, responding to various motions and adversary complaints, including preference and fraudulent conveyance actions, and otherwise asserting their rights in Bankruptcy Court. Amy’s clients include financial institutions and other secured lenders, insurance companies, lessors, trade creditors and other businesses and individuals whose interests are implicated in bankruptcy proceedings.
Amy also has broad experience with debtor representation, including facilitating out-of-court workouts, preparing bankruptcy petitions, filing and prosecuting claims objections and prosecuting preference and fraudulent conveyance actions.
In the bankruptcy appellate context, Amy prepares appellate briefs, presents oral arguments and prosecutes appeals on a variety of bankruptcy-related topics. She also has general commercial litigation experience.
.
Recognition and Involvement
Recognition & Involvement
Amy chaired the Eastern District of Pennsylvania Bankruptcy Conference from 2020-2022 and previously chaired the Conference’s Education Committee. Amy continues to serve on the Conference’s Steering Committee.
Amy serves as Communications Co-Director for the Board of Directors of the International Women’s Insolvency and Restructuring Confederation (IWIRC). From 2016-2020, Amy co-chaired IWIRC’s Greater Philadelphia Network, which hosted the 2018 IWIRC Leadership Summit. Amy still serves as the Network’s Sponsorship Chair.
Amy served as President on the Board of Directors of the Consumer Bankruptcy Assistance Project (CBAP), a non-profit organization that provides bankruptcy representation to low-income Philadelphia residents, from 2017-2019. Amy continues to serve on CBAP’s Board and provides pro bono legal services to CBAP clients.
Amy is also a member of the Turnaround Management Association (TMA) and the Catholic Charities Appeal’s Project Magis Committee.
Amy was selected for inclusion in The Best Lawyers in America® since 2021 in the practice areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and Litigation - Bankruptcy. Amy has been recognized by Chambers USA in 2021 and 2022 as an “Up and Coming Lawyer” in the area of bankruptcy and restructuring in Philadelphia, with clients describing her as “a terrific attorney" and “very bright” and commenting that “she is very responsive” and “a great lawyer." She has recently been recognized as a top attorney in Bankruptcy/Restructuring by the Chambers USA Guide in 2023 & 2024, and is also named a Pennsylvania "Super Lawyer" by Super Lawyers for 2023 & 2024.
Credentials
Bar and Court Admissions
Pennsylvania
New Jersey
U.S. Court of Appeals for the Third Circuit
U.S. District Court for the District of Colorado
U.S. District Court for the District of New Jersey
U.S. District Court for the Eastern District of Pennsylvania
Education
Georgetown University Law Center, JD, 1999
Williams College, BA, cum laude, 1996
News & Insights
Memberships
Eastern District of Pennsylvania Bankruptcy Conference
International Women's Insolvency & Restructuring Confederation
Turnaround Management Association and TMA's Networking Organization of Women
REPRESENTATIVE MATTERS
- Represented manufacturer in litigation seeking to enforce discharge to bar product liability claim
- Represented international technology company as creditor in various bankruptcy matters, including contract assumption and assignment disputes, prosecution of pre-and-post-petition claims, and plan confirmation disputes
- Obtained summary judgment in favor of petitioning creditor in involuntary bankruptcy proceedings in which putative debtor sought compensatory damages of nearly $30 million plus punitive damages
- Handled receivership matters, including successful petitions to appoint receivers for hotels, commercial properties, and other financially-distressed businesses and representation of receiver in court-supervised sale of security monitoring business
- Represented Chapter 11 trustee in connection with sale of Manhattan apartment building and removal of shareholder of defaulted borrower
- Represented debtors from diverse industries in their traditional Chapter 11 and Subchapter V bankruptcy proceedings, including nursing homes, technology and software, manufacturing, and digital and print publishing
- Assisted prospective purchasers with performing due diligence, submitting bids, and participating in auctions conducted under Section 363 of the Bankruptcy Code
- Obtained relief from the automatic stay in a wide variety of contexts, including to terminate contracts, pursue litigation and/or access debtor’s insurance
- Represented commercial landlord in connection with restaurant tenant's bankruptcy case
- Represented licensors and other contract counterparties in Chapter 11 bankruptcy cases, including objecting to contract assumption and assignment and cure amounts and moving to compel debtors’ assumption or rejection of their agreements
- Advised mortgage insurer concerning permissibility of rescinding mortgage insurance policy and prosecuted claims for rescission based upon breach of representation and warranties, resulting in successful settlement
- Successfully obtained dismissal of borrower’s bankruptcy proceedings to enable secured lender to proceed with sheriff’s sale on commercial real estate
- Represented limited liability company members in connection with contested buy-out and dissolution proceedings
- Defended numerous adversary proceedings seeking avoidance of preferential transfers, and negotiated successful settlements of same
- Advised creditors and interested parties in Chapter 15 cross-border matters, including cryptocurrency exchange and mass tort insolvencies
- Represented fractional jet ownership company in negotiating out-of-court workout with trade creditors and fractional owners, administered the distribution of settlement funds to them, and then formally dissolved corporation
- Represented various clients in connection with bankruptcy procedural matters, including transfer of venue, withdrawal of the reference, and remand
- Negotiated and drafted forbearance agreements on behalf of secured lenders
- Objected to the adequacy of debtors’ disclosure statements and to confirmation of debtors’ plans of reorganization in order to ensure fair and equitable treatment and maximize creditor’s distribution
- Represented and advised insurers in a wide variety of bankruptcy matters, including negotiation of insurance neutrality provisions in plans and confirmation orders and defense of disability insurer in trial on wrongful termination of disability benefits