Blog Post
US: The New "Best Interests" Standards developed by US Courts for Insurance Rehabilitation Plans in 2013
21 February 2014
Lynn W. Holbert
CounselWashington, D.C., New York
Email lynn.holbert@hoganlovells.com
Phone +1 202 637 5595 (Washington, D.C.) +1 212 918 3000 (New York)
Fax +1 202 637 5910 (Washington, D.C.) +1 212 918 3100 (New York)
LanguagesEnglish
Practice groupFinance
Lynn Holbert connects the transactional aspects of business with solutions to the insolvency issues that can make or break a deal to ensure the best possible outcome in an ever-changing economy.
Lynn's vast experience as an insolvency lawyer is beneficial in federal bankruptcy cases, state court insurance insolvency proceedings, and out-of-court financial restructurings, as well as in connection with mergers and acquisitions, regulatory matters, and commercial disputes. She also advises investment and commercial banks on matters involving International Swaps and Derivatives Association (ISDA) transactions with insurers.
During her career, Lynn has represented major insurers through times of growth and times of rehabilitation; represented overseas receivers in litigation and ancillary cases in the United States under both old Section 304 and new Chapter 15; advised financial guaranty associations in resolving guarantees of sub-prime debt, advised companies on the insolvency concerns that arise in the sale of insurance and reinsurance companies and blocks of insurance and reinsurance business, and assertion of claims in insurance rehabilitation and liquidation cases; and has represented both creditors and debtors in major Chapter 11 cases. This wealth of experience enables Lynn to quickly predict all sides of a problem and derive sophisticated, on-target resolutions. She brings to the negotiation table and courtroom her enthusiasm, as well as technical knowledge and skill.
Prior to joining the firm, Lynn was counsel in the New York office of another prominent law firm.
Education and admissions
Education
J.D., Rutgers Law School, 1988
B.A., Colby College, 1985
Bar admissions and qualifications
District of Columbia
New York
New Jersey
Colorado
Louisiana
Court admissions
U.S. District Court, Eastern District of New York
U.S. District Court, Southern District of New York
U.S. District Court, District of New Jersey
U.S. District Court, District of Colorado
District of Columbia Court of Appeals
Supreme Court of New York, Appellate Division, Second Department
Supreme Court of New Jersey
Colorado Supreme Court
Representative experience
Represented Ambac Financial Group in its federal bankruptcy case.
Represented Ambac Assurance Co. in the successful rehabilitation of its Segregated Account under Wisconsin insurance law.
Represents Allonhill LLC as Chapter 11 debtor in the District of Delaware.
Advised a national level bank on insolvency issues related to reinsurance of foreign book of business through a U.S. domiciled affiliate.
Assisted in work-out of US$4bn of debt issued by U.S., Irish, Scottish, and Cayman subsidiaries of Scottish Re Group Ltd.
Revision of various reinsurance transactions required to work out obligations of multinational insurers, post-financial crisis.
Represented indenture trustees in major airline reorganizations.
Successfully represented major bank defending avoidance actions in Chapter 11 case of debtor that perpetrated US$30m check kiting.
Assisted group of financial market participants in drafting statute that became the NAIC model act – now law in all states – to protect swap and derivative transactions.
