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James S. Yoder Partner

 
Wilmington, DE | Direct 302.467.4524 | Fax 302.467.4524
 | yoderj@whiteandwilliams.com
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Jim Yoder represents debtors in possession, secured/unsecured creditors and interested parties in a broad range of bankruptcy matters including, debtor reorganization/liquidation, creditor claim disputes, executory contract issues, lift stay motions, D&O claims, plan objections, adequate assurance disputes, administrative claims and prosecution/defense of avoidance actions.  Jim represents distressed business entities, utility companies, municipal governmental entities, community development districts, school districts, corporate directors and officers, large and mid-size domestic and multinational corporations, insurance brokerage companies, commercial landlords and tenants, equipment lessors, institutional and other lenders, construction companies, aviation companies and trade creditors of virtually all kinds.  He also represents insurers in asbestos mass tort bankruptcy cases and in other bankruptcy matters affecting insurance companies. 

In addition to his bankruptcy/creditors rights practice, Jim has varied experience in litigation relating to commercial law, construction law, employment law, insurance coverage, professional liability and transportation law, primarily in state and federal courts in Delaware, Maryland, New Jersey and Pennsylvania.

Jim is a Mediator, trained under the auspices of the Superior Court of Delaware, and on the panel of approved Mediators/Arbitrators for the U.S. Bankruptcy Court for the District of Delaware.

Prior to joining White and Williams, Jim was the Managing Director of the law firm of Tighe, Cottrell & Logan, P.A. in Wilmington, DE.  He also served as a judicial law clerk to the Honorable George Farrell, III, Superior Court of New Jersey, Salem County. Jim is also a former adjunct faculty member at the University of Delaware Paralegal Certification Program

Representative Matters

In addition to representing defendants in preferential transfer/fraudulent conveyance actions related to bankruptcy, Jim represents clients in bankruptcy/creditors rights matters as well as non-bankruptcy matters. 

  • Prevailed in an asset sale objection on behalf of a Community Development District
  • Commenced a motion to enforce an asset sale agreement on behalf of Community Development District as a third party beneficiary
  • Defended a mortgage brokerage company against a secondary lender’s claim for breach of a loan purchase and sale agreement
  • Resolved a multimillion dollar claim dispute on behalf of a Community Development District
  • Resolved a multimillion dollar claim dispute on behalf of a utility company
  • Resolved adequate protection objections by multiple Utility Companies in several cases
  • Defended executives of debtor entities against D&O claims in adversary proceedings related to multiple bankruptcy cases
  • Represented the interest of an executive of a debtor company in an involuntary bankruptcy case
  • Defended a mortgage brokerage company against a creditor trustee’s claim for breach of a Loan Purchase and Sale Agreement.
  • Prevailed in a lift/stay eviction matter on behalf of a commercial landlord
  • Prevailed in several commercial landlord adequate protection/administrative claims
  • Prevailed in a lift stay/administrative expense claim on behalf of a equipment lessor and in a subsequent related replevin action in state court
  • Prevailed in an administrative expense claim against debtor airline company on behalf of refurbished aircraft component supplier
  • Defended a raceway facility from a premises liability claim by a motorsport race participant
  • Defended a steel fabrication/erection contractor in a complex construction claim
  • Defended a motor vehicle insurance coverage claim arising from the unauthorized use of an employer provided rental car
  • Defended a property condition assessment company from a professional responsibility claim by an anchor tenant of a strip mall shopping center
  • Defended a surety broker in a professional responsibility claim by a construction contractor
  • Provided insurance coverage opinions to insurers arising from construction defect claims against residential community/condominium developers
  • Defended an insurance coverage claim by an automobile dealer for catastrophic water damage sustained during a roof renovation project

Recent bankruptcy cases include:

  • EXDS
  • Factory 2 U
  • Fleming Companies
  • GenTek
  • Hayes Lemmerz
  • IT Group
  • Linens Hold./LNT Serv
  • MDIP
  • Oakwood Homes
  • Old Ladder
  • SemGroup
  • WCI Communities

Recognition & Involvement

Jim is AV® rated by the Martindale-Hubbell peer review rating system.  

Jim is a former member of the Board of Trustees for Congregation Beth Emeth in Wilmington, DE. 

Events

Publications

Bar and Court Admissions

Delaware

Maryland

New Jersey

Pennsylvania

U.S. Court of Appeals for the Third Circuit

U.S. District Court for the District of Delaware

U.S. District Court for the District of Maryland

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

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

 

Education

Widener University School of Law, JD, 1986

University of Delaware, BA, 1983 

Memberships

American Bankruptcy Association

American Bar Association

Delaware State Bar Association