Harris Winsberg’s practice focuses on bankruptcy and corporate restructuring matters.
He has represented public and private companies, financial institutions, nonprofits, special servicers, boards of directors, creditors, and other parties in all aspects of corporate restructurings, including workouts, bankruptcies, distressed asset sales, and insolvency related litigation. Harris also has experience with mortgage servicing and foreclosure laws and banking matters involving significant interactions with federal regulators.
He has experience in a wide array of industries, including financial services, banking, mortgage servicing, health care, nonprofits, real estate, retail, energy, media, hospitality, airlines, and commercial trucking.
Harris is a fellow in the American College of Bankruptcy and a leader of the firm’s bankruptcy practice. He has been included in the last several annual directories of The Best Lawyers in America in the specialty of Bankruptcy and Creditor-Debtor Rights Law, as well as in Chambers USA. He has also been included in Atlanta Magazine’s Georgia Super Lawyers and Georgia Trend Magazine’s Legal Elite for Bankruptcy Law.
- Counsel for stalking horse buyer of intellectual property in the sale of online retailer, Nasty Gal Inc.
- Counsel for a leading foodservice distributor in an out-of-court restructuring and asset sale.
- Counsel for a publicly-held distributor in connection with an out-of-court workout of a specialty system integrator.
- Counsel for a 376 bed nonprofit hospital facility in an out-of-court restructuring and asset sale.
- Counsel for a primary servicer regarding a make-whole premium dispute with a borrower.
- Counsel for an auto parts company in connection with an out-of-court restructuring.
- Counsel for a resort company and its affiliates as debtors and debtors in possession in Chapter 11 bankruptcy cases in the Southern District of Georgia.
- Counsel for an independent consultant for a national bank regarding an action overseen by federal regulators advising on federal and state mortgage servicing laws, including issues related to the Servicemembers Civil Relief Act (SCRA) and Mortgage Electronic Registration Systems, Inc. (MERS).
- Counsel for an energy company operating an interstate natural gas pipeline advising on various insolvency matters.
- Counsel for a technology company in restructuring a joint venture involving foreign media assets.
- Counsel for a national bank regarding workouts and restructuring matters across the United States.
- Counsel for Atlanta-based commercial airline regarding contract claims brought by a debtor in the Southern District of New York.
- Counsel for a national bank regarding a distressed asset-based lending credit.
- Counsel for the former parent and its affiliates in connection with ERISA claims brought by a liquidating trustee in the Southern District of Georgia.
- Counsel for a portfolio company in connection with a distressed asset sale outside of a restructuring.
- Counsel for the former owners of cable systems in connection with fraudulent transfer claims and aiding and abetting claims brought by a liquidating trustee in the Southern District of New York.
- Counsel for a car haul company and its affiliates as debtors and debtors in possession in Chapter 11 bankruptcy cases in the Northern District of Georgia.
- Counsel for a psychiatric healthcare company and its affiliates as debtors and debtors in possession in Chapter 11 bankruptcy cases in the District of Delaware.
- Counsel for Federal Trade Commission Receiver in the Eastern District of Virginia.
- Counsel for Securities and Exchange Commission Receiver in the Northern District of Georgia.
- "The Sixth Circuit Finds That a Bank Is Not a Transferee for Deposits Made in Excess of the Amount Owed," Troutman Sanders Advisory (2017).
- "The Eleventh Circuit Finds that a Debtor’s Misuse of a Lender’s Collateral Gives Rise to a Nondischargeale Claim," Troutman Sanders Advisory (2017).
- Co-Author, "Collier’s Compensation, Employment and Appointment of Trustees and Professionals in Bankruptcy Cases."
- "The Seventh Circuit Holds Section 546(e) Does Not Extend to Conduits," Troutman Sanders Advisory (2016).
- “Buyer Beware: District Court Imposes Pension Liability on Private Equity Funds,” Troutman Sanders Advisory (2016).
- "The Tenth Circuit Upholds Shareholder Loans Made to a Financially Distressed Company," Troutman Sanders Advisory (2015).
- "Supreme Court Rules Parties Can Consent to Bankruptcy Judge Deciding Stern Claims," Troutman Sanders Advisory (2015).
- "A Survey on Prejudgment Interest Awards in Preference and Fraudulent Conveyance Avoidance Actions," Norton Journal of Bankruptcy Law and Practice (2015).
- "Not Every 363 Sale is Bulletproof," Law360 (2014).
- “Unlocking Value: Can a Trustee Sell Avoidance Claims Grounded in Sections 544(B), 547 or 548 of the Bankruptcy Code,” Norton Journal of Bankruptcy Law and Practice (2013).
- “SCRA Compliance is Now under Closer Watch,” Law360 (2013).
- “When Does Term Equal Time: A Look at Whether a Landlord Can Use Rent Charged Over the Term of the Lease to Calculate Its Damage Claim,” Norton Journal of Bankruptcy Law and Practice (2012).
- “Does “Term” Equal “Time”? Calculation of Lease-Damage Claims After Early Termination,” American Bankruptcy Institute Journal (2012).
- “Rule of Imputation: 2nd Circuit Clarifies Adverse Interest Exception,” American Bankruptcy Institute (2008).
Recent Speaking Engagements
- Atlanta Bar Association, Bankruptcy and Commercial Law Year in Review, Annual Speaker
- The 90th Annual National Conference of Bankruptcy Judges, Hot Spots in a Cold Bankruptcy World: Health Care and Energy Restructurings (2016)
- 2015 New York Lending Conference, UCC Perfection and Enforcement of Remedies
- 2015 Legal Update, Recent Developments Affecting Secured Lenders in Bankruptcy Cases and Workouts
- American Bar Association Business Law Section Annual Meeting, Make-Whole Premiums (2014)
- American Bar Association Business Law Section Annual Meeting, Strategies for Distressed Solar (2013)
- Turnaround Management Association, The Annual, Ethical Dilemmas in Insolvency Situations, Turnarounds and Restructurings (2013)
Professional and Community Involvement
- Board member, Southeastern Bankruptcy Law Institute (present)
- Member, Editorial Advisory Board, Norton Journal of Bankruptcy Law and Practice (present)
- Member, TMA Education Oversight Committee (present)
- Chair, Loan Workouts and Bankruptcy Subcommittee, Banking Law Section, American Bar Association (past)
- Member of the Bankruptcy Law 360 Editorial Advisory Board (past)
- Past Chair, Bankruptcy Section, Georgia Bar
Rankings and Recognition
- Fellow, American College of Bankruptcy
- Chambers USA (2006-present)
- Best Lawyers (2009-present)
- Selected as a Super Lawyer in Bankruptcy by Law & Politics and Atlanta Magazine (2004, 2006-present)
- Named to Georgia Trend magazine’s Legal Elite in Bankruptcy Law
- Clerk, The Honorable Karen S. Jennemann, United States Bankruptcy Judge, Middle District of Florida, Orlando Division
- University of Florida, J.D., with honors, 1997
- University of Florida, B.A., with honors, 1994
U.S. Court of Appeals for the Eleventh Circuit
U.S. District Court for the Northern District of Georgia
U.S. District Court for the Middle District of Georgia
U.S. District Court for the Middle District of Florida
Supreme Court of Georgia