What's Next on Serta's Uptiering Decision: Impact on Reorganization Strategy, Confirmation, and Equitable Mootness

Mr. Finizio focuses his practice on bankruptcy and insolvency matters. He represents a diverse range of clients including official committees of unsecured creditors, indenture trustees, debtors, bank agents, and other major secured and unsecured creditors in complex Chapter 11 bankruptcy cases, out-of-court restructurings, and other distressed situations. Mr. Finizio has extensive experience with representing parties in Chapter 11 cases in the pharmaceutical, healthcare, and retail industries, to name a few. He frequently publishes articles on insolvency issues and presents at industry conferences, discussing emerging issues on bankruptcy-specific topics. Mr. Finizio was listed in the 2021, 2022 and 2023 editions of Chambers USA: America’s Leading Lawyers for Business in the area of Bankruptcy/Restructuring. He was recognized in 2023 as a “Rising Star” by American Lawyer’s New York Law Journal. Mr. Finizio was also honored by the American Bankruptcy Institute (ABI) in 2022 as one of its "40 Under 40" Emerging Leaders for his Insolvency Practice.

Ms. Moynihan focuses her practice on bankruptcy and insolvency matters. She represents official committees of unsecured creditors, indenture trustees, liquidating trustees, trade creditors, secured lenders, debtors, and other significant parties-in-interest in complex reorganizations and financially distressed situations. Ms. Moynihan served as a law clerk to the Hon. Louis A. Scarcella in the U.S. Bankruptcy Court for the Eastern District of New York.

Mr. Newman is a Managing Director with Alvarez & Marsal’s Credit Advisory in Chicago. He Co-leads Alvarez & Marsal’s Unsecured Creditors’ Committee practice and provides financial advisory services to creditors, focusing on representing official committees of unsecured creditors in bankruptcy proceedings. With more than eighteen years of restructuring experience, Mr. Newman has advised unsecured creditor committees, healthy and distressed companies in leveraged recapitalizations, mergers and acquisitions, and support of interim management roles. He specializes in 363 sales, best interests test, liquidity management, business plan review, solvency, formulation of reorganization plans and litigation support.

Mr. Ragan is a Director with Alvarez & Marsal’s North American Commercial Restructuring practice, where he specializes in representing official committees of unsecured creditors in bankruptcy proceedings with a focus on implementing strategies to maximize creditor recoveries, the development and evaluation of financial models, business reviews and stakeholder negotiations. He brings 20 years of corporate credit and lending experience in both large corporate and large financial institutions. Prior to Joining A&M, Mr. Ragan spent more than 10 years as a Director with PepsiCo, where he led PepsiCo’s corporate credit risk management team. There, Mr. Ragan's group was responsible for end-to-end North America corporate credit risk, comprised of a $70 billion annual portfolio with 200 thousand customers across all PepsiCo business lines, including the ownership of sector bad debt reserves (CECL). Additionally, he led supply chain risk covering all suppliers globally, encompassing $40 billion in annual spend. At PepsiCo he regularly led multimillion dollar strategic finance actions, including M&A, contract negotiations, bankruptcy / insolvency management, CAPEX committee, Audit committee, and policy writing. Mr. Ragan graduated cum laude from North Carolina State University’s College of Management with a bachelor’s degree in Business Management and a minor in Economics. Additionally, he has a Master of Business Administration from Wake Forest University where he was Dean’s Scholar.