David W. Gaffey
David W. Gaffey
PARTNER
FALLS CHURCH
T: 703.280.3374
F: 202.327.6158
RICHMOND
T: 703.280.3374
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Prior to joining Whiteford, Mr. Gaffey served as law clerk to the Honorable Kevin R. Huennekens in the United States Bankruptcy Court for the Eastern District of Virginia, Richmond Division from 2011-2012, and worked as an attorney in the Disclosure Unit of the U.S. Office of Special Counsel, the federal agency that handles claims of wrongdoing within the executive branch of the federal government.
Recognitions
- American Bankruptcy Institute (ABI), "40 Under 40" Emerging Leader in Insolvency Practice (2023)
- Awarded 2023 “Industrials Deals of the Year” by The M&A Advisor for the Sale of Masten Space Systems to Astrobotic Technology, Inc. in In re Masten Space Systems, Inc. (Bankr. D. Del. 2022) (Counsel to Astrobotic Technology, the successful stalking horse bidder and debtor-in-possession financing lender)
- Awarded 2023 “Special Situation M&A Deal of the Year” Turnaround Atlas Award by The Global M&A Network for the Sale of Masten Space Systems to Astrobotic Technology, Inc. in In re Masten Space Systems, Inc. (Bankr. D. Del. 2022) (Counsel to Astrobotic Technology, the successful stalking horse bidder and debtor-in-possession financing lender)
- Awarded 2021 “Consumer Staples Deal of the Year” by The M&A Advisor for the sale of the assets and business operations of Paper Source, Inc. to Elliott Investment Management in In re Paper Source, Inc. (Bankr. E.D. Va. 2021) (co-counsel to the Debtor)
- Chambers USA, Bankruptcy/Restructuring, Virginia (2022-present)
- The Best Lawyers in America®, Litigation - Bankruptcy (2022-Present), Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (2024-Present)
- Virginia Business Magazine, Bankruptcy/Creditors' Rights "Legal Elite" (2021-2024)
- Virginia, District of Columbia, Super Lawyers®, "Rising Star" (2016–2024)
- IFLR1000 United States, "Rising Star Partner" in US Restructuring & Insolvency (2021-2022, 2024)
- National Conference of Bankruptcy Judges Next Generation Program (Class of 2018)
Memberships & Activities
- Board of Governors, Virginia State Bar Bankruptcy Section
- Northern Virginia Bankruptcy Bar Association (Past-President, Board Member, Young Lawyers Division Co-Chair)
- National Conference of Bankruptcy Judges Next Generation Program Committee
- Bankruptcy Bar Liaison Committee for the Eastern District of Virginia, Alexandria Division
- District of Columbia Bankruptcy Pro Bono Panel
- Organizing Committee of the Washington D.C. Men’s Event to Benefit the Georgetown Lombardi Comprehensive Cancer Center
- Duke University Alumni Admissions Advisory Committee
- American Bankruptcy Institute
- Turnaround Management Association
- Virginia Bar Association
- Walter Chandler American Inn of Court (Washington, D.C. chapter)
Chapter 11 Reorganizations
- Counsel to Astrobotic Technology, Inc., the successful stalking horse bidder and debtor-in-possession financing lender in In re Masten Space Systems, Inc. (Bankr. D. Del. 2022). Masten Space Systems was an aerospace manufacturer based in Mojave, California developing vertical takeoff and landing rocket and lunar lander technology. The sale of Masten’s lunar lander and rocket technology and related assets to Astrobotic Technology was named the 2023 “Industrials Deal of the Year” by The M&A Advisor and the 2023 “Special Situation M&A Deal Of The Year” Turnaround Atlas Award by The Global M&A Network.
- Co-counsel to the Debtor in In re Paper Source, Inc. (Bankr. E.D. Va. 2021), a national specialty retailer of gifts, cards, stationery, and other paper products with approximately $100 million in debt. The chapter 11 sale of the Debtor’s assets and business operations to Elliott Investment Management was named the 2021 “Consumer Staples Deal of the Year” by The M&A Advisor.
- Counsel to the Debtor in In re Zachair, Ltd. (Bankr. D. Md. 2020), the owner of an undeveloped 423-acre parcel of prime real estate located in Prince George's County, Maryland.
- Counsel to the Debtor in In re Adams Restaurant Group, Inc. (Bankr. D.D.C. 2019), the owner of a 7,500 square foot high-end restaurant located in Washington, D.C.
- Counsel to the Debtor in In re WW Contractors, Inc. (Bankr. E.D. Va. 2018), a Maryland-based government contractor providing facilities management and maintenance services.
Creditors Committee Representations
- Counsel to the Official Committee of Unsecured Creditors in In re Allegiance Coal USA Limited (Bankr. D. Del. 2023), an operator of surface and underground coal mines located in Alabama and Colorado with approximately $70 million in debt.
- Counsel to the Official Committee of Unsecured Creditors in In re Foresight Energy LP (Bankr. D. Mo. 2020), an operator of four underground longwall coal mines located in Illinois with approximately $1.4 billion in debt.
- Co-counsel to the Official Committee of Unsecured Creditors in In re GST AutoLeather, Inc. (Bankr. D. Del. 2017), a manufacturer and global supplier of automotive leather interior products with approximately $200 million in debt.
- Counsel to the Official Committee of Unsecured Creditors in In re Howrey LLP (Bankr. N.D. Cal. 2011), formerly a global law firm with more than 700 attorneys.
Creditor Representations
- Counsel to secured and unsecured creditors including FUJIFILM North America Corporation, FUJIFILM Healthcare Americas Corporation, The J.M. Smucker Company, Boyd Company, and Active Minerals International, LLC in bankruptcy cases nationwide. Major representations include In re Phoenix Services Topco, LLC (Bankr. D. Del. 2022); In re LSC Communications, Inc. (Bankr. S.D.N.Y. 2020); In re The McClatchy Company (Bankr. S.D.N,Y, 2020); In re P-D Valmiera Glass USA Corp. (Bankr. N.D. Ga. 2019); In re Specialty Retail Shops Holding Corp. (Bankr. D. Neb. 2019); In re Windsor Marketing Group, Inc. (Bankr. D. Conn. 2018); In re Sears Holdings Corporation (Bankr. S.D.N.Y. 2018); In re Verity Health System of California, Inc. (Bankr. C.D. Cal. 2018); In re Gardens Regional Hospital and Medical Center, Inc. (Bankr. C.D. Cal. 2016).
Trustee Representations
- Counsel to the chapter 7 trustee in In re Delta Career Education Corporation (Bankr. E.D. Va.).
- Counsel to the chapter 11 trustee in In re Essex Construction, LLC (Bankr. D. Md.).
- Counsel to the chapter 11 and chapter 7 trustee in In re MCSGlobal, Incorporated (Bankr. E.D. Va.).
- Counsel to the chapter 7 trustee in In re RoomStore, Inc., Case No. 11-37790 (Bankr. E.D. Va.).
- Counsel to the chapter 7 trustee in In re Howrey LLP (Bankr. N.D. Cal.).
Out-of-Court Workouts and Financial restructuring
- Mr. Gaffey has substantial experience representing debtors and creditors in out-of-court workouts and financial restructuring transactions.
Presentations
Panelist: Subchapter V Issues, 39th Annual Mid-Atlantic Bankruptcy Conference, September 26, 2024
Panelist: Recent Developments, Virginia Bar Association 24th Annual Bankruptcy Law Conference, May 12, 2023
Moderator and Panelist: Richmond Judges’ Round Table: Supreme Court Cases and Circuit Splits, Northern Virginia Bankruptcy Bar Association, November 17, 2022
Panelist: “We are what we pretend to be, so we must be careful about what we pretend to be”: Fiduciary Duties and Ethical Issues in Chapter 11 Cases, Virginia Bar Association 23rd Annual Bankruptcy Law Conference, May 13, 2022
Panelist: Something Beats Nothing: Evidentiary Tips, Tricks, and Reminders, American Inns of Court Bankruptcy Series: DC Circuit, March 2022
Panelist: Point-Counterpoint: A Discussion of Recent Circuit Splits, Northern Virginia Bankruptcy Bar Association, November 18, 2021
Moderator and Panelist: Richmond Judges’ Round Table, Northern Virginia Bankruptcy Bar Association, November 19, 2020
Panelist: Recent Developments, 35th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice, September 11, 2020
Panelist: State of the Court and Recent Case Updates, Northern Virginia Bankruptcy Bar Association, September 26, 2019
Panelist: Point-Counterpoint: A Discussion of Recent Circuit Splits, 27th Annual Hal J. Bonney Jr. Seminar on Bankruptcy Law and Practice, February 22, 2019
Panelist: Point-Counterpoint: A Discussion of Recent Circuit Splits, Northern Virginia Bankruptcy Bar Association, October 4, 2018
Panelist: Upright Law or Downright Unethical?: The Dangers of the National Consumer Practice Model, Northern Virginia Bankruptcy Bar Association, April 26, 2018
Publications
Co-Author: Chapter 15 Proceedings, LexisNexis Practical Guidance (2019-2023)
Co-Author: Compensation for Attorneys and Other Professionals, in BANKRUPTCY PRACTICE IN VIRGINIA Ch. 13 (Hon. Kevin R. Huennekens & H. David Cox eds., 4th ed., 2017)
Co-Author: Stern v. Marshall in Virginia, 24 Bankr. L. News, no. 10, at 1 (2013)
Co-Author: Bankruptcy Law, 47 Univ. Richmond L. Rev. 51 (2012)
Author: Outsourcing Infrastructure: Expanding the Use of Public-Private Partnerships in the United States, 39 Pub. Cont. L.J. 351 (2010)
ARTICLES
Bankruptcy Issues: Automatic Stay
NEWSLETTERS
Associations, Nonprofits and Political Organizations Report - Summer 2021
The Party Must Go On: Ipso Facto Provisions in Event Contracts
Meet the Team - Stephen Schaefer
31 Whiteford Attorneys Named Super Lawyers and Rising Stars
Ten Whiteford Attorneys Named Legal Elite by Virginia Business Magazine for 2024
77 Whiteford Attorneys Listed in Best Lawyers in America 2025
Record 33 Whiteford Attorneys Recognized by Chambers
36 Whiteford Attorneys Named Super Lawyers and Rising Stars
Eleven Whiteford Attorneys Named Legal Elite by Virginia Business Magazine for 2023
ABI Names David Gaffey a “40 Under 40”
A Record 87 Whiteford Attorneys Listed in Best Lawyers in America 2024, Ten Selected as “Ones to Watch”
Whiteford Taylor & Preston Announced as Winner of the 17th Annual Turnaround Awards
Chambers Honors Whiteford in 14 Practice Areas
30 Whiteford Attorneys Named Super Lawyers and Rising Stars
Eleven Whiteford Attorneys Named Legal Elite by Virginia Business Magazine for 2022
73 Whiteford Attorneys Listed in Best Lawyers in America 2023, Six Selected as “Lawyer of the Year”
Chambers Honors Whiteford in 14 Practice Areas
43 Whiteford Attorneys Named Super Lawyers and Rising Stars
Nine Whiteford Attorneys Named Legal Elite by Virginia Business Magazine
75 Whiteford Attorneys Listed in Best Lawyers in America 2022, Eight Named “Ones to Watch”
48 Whiteford Attorneys Named Super Lawyers and Rising Stars
20 Whiteford Attorneys Named Super Lawyers and Rising Stars in DC, Pennsylvania and Virginia
New 2019 Partners Elected at Whiteford Taylor & Preston
Thirteen Whiteford Attorneys Named Super Lawyers and Rising Stars in D.C. and Virginia
Whiteford, Taylor & Preston is pleased to announce that thirteen of its attorneys are listed among the 2018 Super Lawyers and Rising Stars in D.C. and Virginia.
Thirteen Whiteford Attorneys Named Super Lawyers and Rising Stars in D.C. and Virginia
Whiteford, Taylor & Preston is pleased to announce that thirteen of its attorneys are listed among the 2017 Super Lawyers and Rising Stars in D.C. and Virginia.
David Gaffey, One of Five Whiteford Attorneys Named Super Lawyers and Rising Stars in Virginia
Whiteford Taylor & Preston is pleased to announce that David W. Gaffey is named a 2016 Rising Star in both Virginia and DC.