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James C. Vandermark Counsel

 
New York, NY | Direct 646.837.5791
Philadelphia, PA | Direct 215.864.6857
vandermarkj@whiteandwilliams.com
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James provides strategic guidance and cutting-edge solutions to clients facing financial challenges. He advises on the full spectrum of restructuring solutions, including complex business transactions, contract negotiations, financial restructurings, out-of-court workouts, commercial foreclosures and chapter 11 reorganizations.

For each matter, James develops a strategic direction based on a clear understanding of his client’s needs. His goals are to preserve the business or business relationship, to minimize disruption, and to move quickly toward a workable solution. This often includes working closely with equity holders, investors, lenders, landlords, management, labor and other interested parties in such varied industries as: health and fitness, tech, digital advertising, retail and real estate.

James writes and speaks frequently about tax and financial issues as well as bankruptcy matters. This recently included moderating panel discussions for Pennsylvania Bar Institute’s Bankruptcy in a Pandemic: What You Need to Know. He also serves on the firm’s diversity committee and is an active member of the LGBT bar associations of Greater New York and Philadelphia.

Prior to joining White and Williams, James was a Deputy City Solicitor in the Corporate and Tax Group of the City of Philadelphia’s Law Department.

Representative Matters

  • Obtained bankruptcy court approval for a $3.1 million sale of a UWS apartment building, partially rent stabilized, in a contentious single asset real estate bankruptcy case. In re 60 91st Street Corp. (Bankr. S.D.N.Y. 20-10338).
  • Represented client negotiating multimillion dollar contracts for digital advertising and cloud services with chapter 11 debtors. In re LATAM Airlines Group S.A., et al. (Bankr. S.D.N.Y. 20-11254).
  • Negotiated an $8.2 million property assessment reduction resulting in over $450,000 in real estate tax savings. Glasgow Inc. v. City of Philadelphia (Phil. CCP _____).
  • Represented an international construction equipment company against preference and fraudulent transfer claims utilizing mechanic’s liens and warranties as additional defenses to the avoidance claims. In re Magnetation LLC, et al., (Bankr. D. Minn. 15-50307)

  • Successfully enforced client’s mechanic’s lien rights and recovered over $1M of assets from failed nuclear projects in Georgia and South Carolina; negotiated amendments to several commercial purchase order and equipment agreements as well as recovered prepetition and administrative expense claims on behalf of large commercial mining and construction companies in excess of $500K. In re Westinghouse Electric Company LLC, et al., (Bankr. S.D.N.Y. 17-10751)

  • Represented the City of Philadelphia in a state court trial and appeal involving the fair market value of a condominium development for real estate tax purposes. After three years of litigation, the City received favorable decisions before both the Court of Common Pleas and the Commonwealth Court, which resulted in an adjustment to the real estate assessment in excess of $70M. Dockside Associates/Pier 30, LP v. City of Philadelphia, No. 2258 C.D. 14 (Pa. Cmwlth 2016)
  • Defended the City of Philadelphia in a bankruptcy adversary proceeding brought by a debtor seeking damages, including attorney fees, for an alleged violation of the automatic say. Although, the Bankruptcy Court found the City’s acts constituted a willful violation, the City argued that attorney’s fees could not be awarded as the debtor failed to establish the City’s acts caused an injury. On appeal, the US District Court for the Eastern District of Pennsylvania overruled the Bankruptcy Court and found in favor of the City. City of Philadelphia, Civil Action No. 15-01685 (E.D. Pa. 2015)
  • Represented the First Judicial District (FJD) against allegations brought by a debtor that the FJD efforts to collect prepetition court costs violated the discharge order entered in the debtor’s bankruptcy case. The Third Circuit Court of Appeals, in a matter of first impression, agreed with the FJD’s position and found court costs excepted from discharge and thus, attempts to collect prepetition criminal court costs do not violate a discharge order. In re Lopez, No. 13-3620 (3d Cir. 2014)
  • Handled preference actions, claims objections, and adversary proceedings for secured and unsecured creditors in Chapter 11 bankruptcy cases, including: Hostess Brands Inc. (S.D. NY), American Airlines (S.D. NY), and Circuit City (E.D. Va.)

Recognition & Involvement

James is the immediate Past-President of the Philadelphia LGBTQ Bar Association. 

Events

Bar and Court Admissions

Pennsylvania

New Jersey

New York

U.S. District Court for the District of Colorado

U.S. District Court for the District of Nebraska

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

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

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

U.S. District Court for the Northern District of New York

U.S. District Court for the Southern District of New York

U.S. District Court for the Southern District of Texas

U.S. Court of Appeals for the Third Circuit

Education

Temple University, JD, 2009, LLM in Taxation, 2010

Gannon University, BS, 2005

University of Pittsburgh, BA & BS, 2003

Memberships

Eastern District of Pennsylvania Bankruptcy Conference; Local Rules Committee

Independence Business Alliance

New York LGBT Bar Association

New York Turnaround Management Association

Philadelphia State and Local Tax Committee

Philadelphia LGBTQ Bar Association

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