Rachel P. Stoian
PEOPLE

Rachel P. Stoian

Associate
stoian.rachel@dorsey.com
Palo Alto P +1 (650) 843-2708 F +1 (650) 618-8659 New York P +1 (212) 415-9200

Overview

Rachel assists clients achieve their goals in the context of financial restructuring, both in and out of court.
Rachel has substantial experience representing parties in all aspects of the bankruptcy and financial restructuring process, including fiduciaries, debtors, and creditors. Rachel strives to combine a keen attention to detail with a strong connection to the practical implications of her work in order to achieve her client’s goals efficiently and effectively. While Rachel always strives to consensually resolve conflicts as they arise, she has extensive litigation experience.

Education & Admissions

St. John's University School of Law (J.D., 2009), Executive Notes and Comments Editor, American Bankruptcy Institute Law Review; Dean’s List

St. John's University School of Law (LL.M., Bankruptcy, 2010), Outstanding Academic Achievement Award

University of California, Berkeley (B.A., 2006), Honors Distinction

Admissions

  • California
  • New York
  • Central District of California
  • Eastern District of California
  • Northern District of California
  • Southern District of California
  • Southern District of New York
  • Eastern District of New York
  • Western District of Wisconsin

Languages

  • English

Clerkships

  • United States Bankruptcy Court, Northern District of California, Honorable Hannah L. Blumenstiel, 2018-2020

Experience

Representative Experience

  • Represented judgment-creditor in Subchapter V case and was ultimately able to resolve nearly decade-long dispute with debtor.
  • Represented assignee for the benefit of creditors of artificial intelligence assisted employment platform through sale of substantially all of the company’s assets and its orderly wind-down and dissolution.
  • Represented executory contract counter-party in the JC Penney bankruptcy case and successfully obtained revisions to the debtors’ plan in order to better protect client’s rights.
  • Represented Chapter 11 trustee appointed after debtor’s death, including resolving complex litigation and proposing, confirming, and consummating plan of liquidation.
  • Successfully represented Chapter 7 trustee in avoiding fraudulent transfer of real property and thereafter selling such property.
  • Represented three affiliated Chapter 11 debtors that operated a self-storage facility through the successful sale of the business and real property and consensual dismissal of the case.
  • Successfully opposed Chapter 11 debtor’s attempt to assume landlord client’s commercial lease which had been the subject of years of litigation in state court, and successfully defended against debtor’s appeal of the order denying its attempt to assume the lease.
  • Represented ad hoc committee of mechanics lienors in complex litigation, mediation, and trial of claims against Chapter 11 debtor’s secured lender.

News & Resources

Legal Writings

  • Same Sex Couples May Be Able to File Joint Bankruptcy Petitions, co-authored with David A. Blansky, The Nassau Lawyer (Nov. 2011)
  • Recent Amendments to New York’s Exemption Laws, co-authored with Joseph S. Maniscalco, The Nassau Lawyer (Apr. 2011)
  • LL.M. Thesis, Why Successor Liability Claims Are Not “Interests in Property” Under Section 363(f), 18 Am. Bankr. L. Rev. 697 (Winter 2010)

Industries & Practices

  • Banking & Financial Institutions
  • Bankruptcy & Financial Restructuring
  • Commercial Litigation
  • Food, Beverage & Agribusiness
  • Technology

Professional & Civic

Professional Achievements

  • American Bankruptcy Institute member
  • Bar Association of San Francisco
Rachel P. Stoian