Publications

Amy E. Vulpio Counsel

 
Philadelphia, PA | Direct 215.864.6250 | Fax 215.789.7550
 | vulpioa@whiteandwilliams.com
vCardPrint to PDF

Amy Vulpio focuses her practice on creditor and debtor representation, bankruptcy appellate work and bankruptcy and commercial litigation.  Amy’s experience representing both creditors and debtors gives her the breadth of perspective needed to advise her clients as to the 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 rights 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.  

Amy is a member of the Governing Body of ATHENAPowerLink Delaware Valley, an organization dedicated to helping women entrepreneurs achieve success in business through a concentrated mentoring program. 

She is actively involved with several industry associations, including the Eastern District of Pennsylvania Bankruptcy Conference, for which she serves on the Education Committee. Amy serves on the Board of Directors of the Consumer Bankruptcy Assistance Project (CBAP), a non-profit organization that provides bankruptcy representation to low-income individuals.  Amy also provides pro bono legal services to CBAP clients.

While at Georgetown University Law Center, Amy served as Senior Focus Editor of the Georgetown International Environmental Law Review and authored “From the Forests of Asia to the Pharmacies of New York City: Searching for a Safe Haven for Rhinos and Tigers,” 11 Georgetown Int’l Envtl. L. Rev. 463 (1999). 

Representative Matters

  • Assisted prospective purchaser with performing due diligence, submitting bids, and participating in auction conducted under Section 363 of the Bankruptcy Code
  • Successfully petitioned for appointment of a receiver of a 455-room hotel in downtown Tulsa, Oklahoma
  • 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
  • Defended disability insurer in Bankruptcy Court litigation alleging wrongful termination of disability benefits
  • Defended numerous adversary proceedings seeking avoidance of preferential transfers, and negotiated successful settlements of same
  • Successfully moved for relief from the automatic stay to pursue debtors’ insurance coverage
  • Successfully moved to compel debtor to assume contract to manufacture and timely deliver multi-million dollar power generator
  • Obtained relief from the automatic stay to cancel contract with debtor so that client could enter into new contract with financially stable supplier
  • Successfully opposed bankrupt third-party administrator’s motion to sell client’s contract to inadequately licensed purchaser
  • Recovered over $900,000 from debtor’s bankruptcy estate under theories of express and constructive trust and equitable subordination
  • Represented automotive parts manufacturer as debtor in chapter 11 proceedings and Bankruptcy Court approved sale of its assets
  • Represented fractional jet ownership company in negotiating out-of-court workout with over 100 trade creditors and fractional owners, administered the distribution of settlement funds to them, and then formally dissolved corporation
  • Obtained relief from the automatic stay to permit mortgagee to pursue its state-law remedies against industrial real property in New Jersey
  • Represented computer-based training simulation company as debtor in Chapter 11 proceedings and successfully transferred venue of breach of contract litigation against them to Bankruptcy Court and successfully moved to extend automatic stay to debtor’s principal; successfully moved to reject burdensome lease of office space
  • Represented medical software developer as debtor in Chapter 11 proceedings; successfully moved to reduce and equitably subordinate $11 million claim of former officer and shareholder, precluding any recovery by him; and assisted debtor with formulating and confirming plan of reorganization
  • Represented financial printing company in Chapter 11 proceedings; assisted the debtor in selling its business under auspices of Bankruptcy Code and successfully objected to dozens of proofs of claim filed by vendors and former employees
  • Negotiated and drafted forbearance agreements on behalf of secured lenders
  • Objected to the adequacy of debtors’ disclosure statements in order to force the debtor to provide additional information concerning the treatment of creditors’ claims
  • Objected to confirmation of debtors’ plans of reorganization to ensure fair and equitable treatment and maximize creditor’s distribution
  • Advised insurer concerning insured’s assumption of liabilities following stock acquisition and represented insurer at mediation, culminating in successful settlement
  • Successfully moved to extend insurance neutrality to insurer and negotiated terms of insurance neutrality stipulation
  • Advised client concerning debtor’s ability to avoid pre-bankruptcy insurance settlement as fraudulent conveyance
  • Moved to withdraw the reference from the Bankruptcy Court to permit insurance coverage litigation to proceed in District Court
  • Advised debtors regarding directors’ and officers’ liability under Pennsylvania Wage Payment and Collection Law (WPCL) and prosecuted adversary proceedings to enjoin WPCL litigation brought by former employees

Events

Publications

Bar and Court Admissions

Pennsylvania

New Jersey

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Pennsylvania

 

Education

Georgetown Universtiy Law Center, JD, 1999

Williams College, BA, cum laude, 1996 

Memberships

International Womens Insolvency & Restructuring Confederation (IWIRC)

National Association of Women Business Owners (NAWBO)

Turnaround Management Association (TMA) and TMA's Networking Organization of Women