Cozen O’Connor: Carroll, John T.

John T. Carroll, III

Co-Chair, Bankruptcy, Insolvency & Restructuring

Wilmington

(302) 295-2028

(302) 295-2013

John has substantial experience representing a broad spectrum of clients, including secured lenders, trustees, creditors’ committees, and debtors-in-possession in bankruptcy proceedings and commercial loan workouts.

John has a substantial practice in representing trustees in bankruptcy and currently represents trustees in the notable bankruptcy cases of American Business Financial Services, Inc., Fenwick Automotive Products Limited, Hospital Partners of America, Inc., HRP Myrtle Beach Holdings, LLC, HomeBanc Mortgage Corporation, Monaco Coach Corporation, and Pope & Talbot, Inc. John served as interim trustee in the nationally prominent bankruptcy cases of the Foundation for New Era Philanthropy, Inc. and Nutri/Systems, Inc. John has also served as a Chapter 7 panel trustee and Chapter 11 trustee in the Eastern District of Pennsylvania and Delaware.

John is a member of the Board of Overseers of the Widener University School of Law, Wilmington, where he is also an adjunct professor currently teaching the Chapter 11 bankruptcy course.

John has regularly lectured on a variety of topics for various organizations, including the American Bankruptcy Institute, Pennsylvania Bar Institute, Commercial Law League of America, Pennsylvania Institute of Certified Public Accountants, Institute of Management Accountants, Endowment & Foundation Summit on Investment Management, National Business Institute, and National Association of Credit Managers.

John graduated from Villanova University in 1978 with a B.S. in accounting. In 1981, John received his J.D. from the Delaware Law School of Widener University. Since 1981, he has been concentrating his practice in the areas of commercial litigation, creditors’ rights, bankruptcy, and restructuring. He is board certified in Business Bankruptcy Law by the American Bankruptcy Board of Certification and has received an AV Preeminent rating in Martindale-Hubbell. John has also been designated as a Super Lawyer in Delaware. John is licensed to practice law in Delaware, Pennsylvania, and New Jersey.

Experience

News

126 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 22, 2018

One hundred twenty-six Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.

100 Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 23, 2017

Lawyers were selected for inclusion in the 2018 edition based on a rigorous peer-review that has been developed and defined for more than 30 years.

Sixty-Two Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 15, 2016

Sixty-two Cozen O’Connor lawyers from 13 of the firm’s national offices have been selected for inclusion in the 2017 edition of The Best Lawyers in America.

Fifty-Two Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 17, 2015

The current edition is based on more than five million detailed evaluations by the top lawyers of the country. This list will be included in dozens of city and regional publications in the United States including The Wall Street Journal, The New York Times, and The Washington Post.

Cozen O’Connor Member Named Co-Chair of Firm’s Bankruptcy, Insolvency & Restructuring Group

June 23, 2011

Cozen O’Connor Member Named Co-Chair of Firm’s Bankruptcy, Insolvency & Restructuring Group

Publications

Whose Lien Is It, Anyway? Decisions Regarding Maritime Liens Against Vessels

January 14, 2019

John T. Carroll, III and Simon E. Fraser authored an article titled “Whose Lien Is It, Anyway? Decisions Regarding Maritime Liens Against Vessels” which appears in the latest edition of the American Bankruptcy Institute Journal.

Courts Split Over Interpretation of CIMLA Provisions Regarding Suppliers’ Maritime Liens Against Vessels

July 12, 2017

John T. Carroll, III and Simon E. Fraser, both members of Cozen O’Connor’s Bankruptcy, Insolvency & Restructuring Practice, discuss in an article with the American Bankruptcy Institute, Secured Credit Committee the interpretation of the Commercial Instruments and Maritime Lien Act (CIMLA), which protects suppliers of goods by granting a maritime lien against any vessel to which the supplier provides “necessaries.”

Third Circuit: Carrier’s “Extended” Maritime Possessory Liens Upheld [American Bankruptcy Institute Journal]

August 01, 2016

John Carroll and Simon Fraser discuss a U.S. Court of Appeals for the Third Circuit decision on maritime possessory liens in the American Bankruptcy Institute Journal.

Seventh Circuit Holds Pre-Bankruptcy Termination of Lease May Be Avoidable Transfer [Bankruptcy Insolvency & Restructuring Alert]

April 07, 2016

John T. Carroll, III and Keith L. Kleinman discuss the recent decision of In re Great Lakes Quick Lube LP, in which the Seventh Circuit held that the termination of a debtor’s leasehold interest pre-bankruptcy via a termination agreement is subject to being set aside as either a preferential and/or fraudulent transfer under the Bankruptcy Code.

Retirees Find that Employer's Bankruptcy May Be a Good Thing [Bankruptcy, Insolvency & Restructuring Alert!]

July 26, 2010

Retirees Find that Employer's Bankruptcy May Be a Good Thing - Bankruptcy, Insolvency & Restructuring Alert! - In deciding a question never before addressed by a circuit level court, the U.S. Court of Appeals for the Third Circuit, in In re Visteon, No. 10-1944 (July 13, 2010), held that the plain language of section 1114 of the Bankruptcy Code forbids a debtor from modifying or terminating retiree benefits without first complying with that section’s procedural and substantive safeguards

Third Circuit Remands Case Involving Use of In Pari Delicto Defense by Outside Auditors, After Receiving Pennsylvania Supreme Court's Guidance [Bankruptcy, Insolvency & Restructuring Alert!]

June 03, 2010

Third Circuit Remands Case Involving Use of In Pari Delicto Defense by Outside Auditors, After Receiving Pennsylvania Supreme Court's Guidance - Bankruptcy, Insolvency & Restructuring Alert! - In a February 19, 2010 Alert, we reported on an opinion of the Pennsylvania Supreme Court regarding the use of an imputation-based in pari delicto defense in an auditor-liability context, an issue of first impression under Pennsylvania law. Off. Comm. of Unsecured Creditors of Allegheny Health Educ. & Research Fund v. PricewaterhouseCoopers, LLP (“Allegheny III”), 989 A.2d 313 (Pa. 2010).

Pennsylvania Supreme Court Restricts Use of In Pari Delicto Defense by Outside Auditors [Bankruptcy, Insolvency & Restructuring Alert!]

February 19, 2010

Pennsylvania Supreme Court Restricts Use of In Pari Delicto Defense by Outside Auditors - Bankruptcy, Insolvency & Restructuring Alert! - On February 16, 2010, the Pennsylvania Supreme Court issued an opinion of first impression under Pennsylvania law as to whether an imputation-based in pari delicto defense in an auditor-liability context may be asserted.

Education

  • Delaware Law School, J.D., 1981
  • Villanova University, B.S., 1978

Awards & Honors

Best Lawyers in America 2016-2019

Delaware Super Lawyers 2012, 2017-2019 

  • Delaware
  • New Jersey
  • Pennsylvania
  • Court Of Common Pleas - Bucks County
  • Court Of Common Pleas - Chester County
  • Court Of Common Pleas - Delaware County
  • Court Of Common Pleas - Philadelphia County
  • Court Of Common Pleas- Montgomery County
  • Delaware Court of Chancery
  • Delaware Superior Court
  • Pennsylvania Supreme Court
  • Superior Court of New Jersey
  • Superior Court of Pennsylvania
  • Supreme Court of Delaware
  • Supreme Court of New Jersey
  • U.S. Bankruptcy Court -- Delaware
  • U.S. Bankruptcy Court -- Eastern District of Pennsylvania
  • U.S. Bankruptcy Court -- Middle District of Pennsylvania
  • U.S. Bankruptcy Court -- New Jersey
  • U.S. District Court -- Delaware
  • U.S. District Court -- Eastern District of Pennsylvania
  • U.S. District Court -- Middle District of Pennsylvania
  • U.S. District Court -- New Jersey
  • U.S. Supreme Court
  • American Bankruptcy Institute
  • Delaware State Bar Association
  • Pennsylvania Bar Association
  • Philadelphia Bar Association 
  • National Association of Bankruptcy Trustees
  • Commercial Law League of America