Simon E. Fraser

Member

Wilmington

(302) 295-2011

(302) 295-2013

Recent Publication:

Del. Bankruptcy Court Discusses Whether It Can Amend Bankruptcy Petition to 'De-Designate' a Subchapter V Case

Mark Felger and Simon Fraser discuss if a bankruptcy court has the authority to de-designate a subchapter V case to a regular Chapter 11 case in the Delaware Business Court Insider. In the article, Mark and Simon analyze In re ComedyMX, a subchapter V case where a debtor is unfit to serve as a fiduciary to the bankruptcy estate and how the decision raises uncertainty in the ability to obtain an order from the bankruptcy court de-designating a subchapter V case.

Simon is the office managing partner of the firm's Wilmington office. He has extensive experience in matters involving bankruptcy law, creditors’ rights, corporate reorganization, and commercial litigation. Simon has represented a variety of stakeholders, including secured and unsecured creditors, trustees, debtors, committees, equity holders, and asset purchasers in various aspects of bankruptcy cases and commercial disputes.

Simon earned his undergraduate degree from Johns Hopkins University and his law degree, magna cum laude, from Villanova University School of Law, where he a member of the Order of the Coif and Associate Editor of the Villanova Law Review.

Experience

News

U.S. Tobacco Deal Wins M&A Advisor Award

November 16, 2022

The team's representation of U.S. Tobacco successfully ended a 17-year class action battle for the largest tobacco cooperative in the United States.

Cozen O’Connor Names 17 Attorneys To Membership in the Firm

May 04, 2011

Cozen O’Connor Names 17 Attorneys To Membership in the Firm. ''We congratulate this group of exceptional lawyers and are happy to welcome them into Membership in the firm,'' said Tad Decker, president and CEO of Cozen O’Connor. ''This promotion is the well-deserved result of their continuing hard work and dedication to their clients and the firm.''

Publications

Del. Bankruptcy Court Discusses Whether It Can Amend Bankruptcy Petition to 'De-Designate' a Subchapter V Case

January 04, 2023

Mark Felger and Simon Fraser discuss if a bankruptcy court has the authority to de-designate a subchapter V case to a regular Chapter 11 case in the Delaware Business Court Insider. In the article, Mark and Simon analyze In re ComedyMX, a subchapter V case where a debtor is unfit to serve as a fiduciary to the bankruptcy estate and how the decision raises uncertainty in the ability to obtain an order from the bankruptcy court de-designating a subchapter V case.

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.

Latest Decision on Intersection of Reclamation Rights and DIP Liens

March 19, 2018

Simon Fraser, a member of Cozen O'Connor's Bankruptcy, Insolvency & Restructuring Department, wrote an article for the American Bankruptcy Institute Journal focusing on reclamation rights and DIP liens.

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.”

Delaware Bankruptcy Court Issues Latest Decision Approving Plan with “Death Trap” [American Bankruptcy Institute Unsecured Trade Creditors Committee Newsletter]

May 01, 2017

Simon Fraser discusses a recent court decision in the American Bankruptcy Institute’s Unsecured Trade Creditors Committee Newsletter.

Education

  • Villanova University School of Law, J.D., magna cum laude, 1999
  • Johns Hopkins University, B.A., 1995
  • Delaware
  • New Jersey
  • Pennsylvania
  • U.S. District Court -- Delaware
  • U.S. District Court -- Eastern District of Pennsylvania
  • U.S. District Court -- New Jersey