Dustin P. Smith is an associate in the firm's Corporate Reorganization and Litigation departments. He represents companies restructuring their financial affairs both in and out of court, as well as representing secured and general creditors in Chapter 7 and Chapter 11 bankruptcies, out-of-court workouts, and adversary and collateral proceedings. Dustin is currently engaged in the representation of the trustee in the Securities Investor Protection Act (SIPA) liquidations of Lehman Brothers Inc. and MF Global Inc. He is also the managing editor of the Hughes Hubbard & Reed Bankruptcy Report, an online resource providing insights on emerging issues and developments in bankruptcy law.
In 2014, Dustin was recognized by Turnarounds & Workouts as an Outstanding Young Restructuring Lawyer—an honor bestowed upon only 12 bankruptcy lawyers nationwide.
United States District Court Southern District of New York
MF Global Inc.: Serves as one of the counsel representing the trustee for the liquidation of MF Global Inc. (MFGI). Dustin was a key member of the team that effectuated the transfer of billions of dollars in open commodity contract positions and collateral from MF Global to other futures commissions merchants shortly after that troubled firm's collapse. He was also a member of the team that investigated the events leading to the shortfall of customer property at MF Global Inc., and that authored the Report of the Trustee's Investigation and Recommendations, dated June 4, 2012, which was filed with the Bankruptcy Court and was widely disseminated. He is one of the primary counsel to the trustee responsible for affirmative litigation in connection with MF Global Inc., including the recovery of missing customer funds. He also coordinates the review and determination of over 6,000 claims filed against MFGI’s general estate
Lehman Brothers Inc.: serves as one of the counsel to the trustee for the liquidation of Lehman Brothers Inc., the largest stockbroker ever to fail. He was a key member of the team that investigated the clearing bank for Lehman Brothers Inc., which resulted in an $860 million settlement on behalf of the trustee. He was also a member of the team that reached a negotiated settlement with a European affiliate that resulted in the resolution of billions in claims between the parties. Dustin has handled various other disputes on behalf of the trustee with other Lehman affiliates and third parties
In re Spectrawatt Inc.: Advised a UK company in the recovery of 100 percent of its advance payments following the failure of a US solar producer
In re Affiliated Media Inc.: Served as one of the restructuring counsel in a prepackaged bankruptcy of the second-largest newspaper publisher in the US, which resulted in the acceptance of the prepackaged plan by virtually all creditors, and the confirmation of the plan in 41 days
Government of Ontario: Representation of the government of Ontario in the Chrysler and General Motors Chapter 11 cases
Representation of lenders and other creditors in numerous bankruptcy proceedings