Robert D. Drain

Robert D. Drain

Of Counsel, Corporate Restructuring

Judge Robert Drain served for 20 years as a U.S. bankruptcy judge for the Southern District of New York, presiding over several high-profile and impactful cases involving well-known companies and organizations.

Bio

Prior to leaving the bench in 2022, Judge Drain oversaw proceedings ranging from large Chapter 11 corporate restructurings and consumer-level bankruptcies to international Chapter 15 matters. He also served as a court-appointed mediator for other judges in numerous cases.

In his current practice, he advises on U.S. and cross-border Chapter 11 and 15 reorganizations, out-of-court restructurings, debtor-in-possession loans, secured financings, distressed M&A and investments in troubled companies, as well as potential examiner or trustee roles and mediations.

Judge Drain is a fellow of the American College of Bankruptcy, a member and former board member of the American Bankruptcy Institute and a former board member and officer of the National Conference of Bankruptcy Judges. For several years, he was chair of the Bankruptcy Judges Advisory Group established by the Administrative Office of the U.S. Courts, and he currently serves on the FDIC’s Systemic Resolution Advisory Committee. In addition, he was a founding member and chair of the Judicial Insolvency Network, which developed, among other issuances, guidelines that were adopted by courts in the U.S. and abroad for cooperation and communication in concurrent transnational insolvency cases. He also has annually presided over a mock transnational bankruptcy case for the International Association of Restructuring, Insolvency & Bankruptcy Professionals’ (INSOL) training program and is a member of the International Insolvency Institute.

Judge Drain is currently an adjunct professor at Pace University School of Law and a former adjunct professor in St. John’s University School of Law’s LL.M. in Bankruptcy Program.

Prior to his time on the court, Judge Drain spent nearly 20 years in private practice, including 10 years as a partner in the bankruptcy and restructuring practice of another global law firm.

Recognition

Association of Insolvency & Restructuring Advisors (AIRA) Outstanding Judicial Service Award

New York Institute of Credit (NYIC) Conrad B. Duberstein Award for Excellence and Compassion in the Bankruptcy Judiciary

American Jewish Committee (AJC) Humanitarian Award (Financial Services Division)

Catholic Renewal Lifetime Achievement Award

Credentials

Education

  • J.D., Columbia University School of Law, 1984 (Harlan Fiske Stone Scholar)
  • B.A., Yale University, 1979 (with honors; cum laude)

Admissions

  • New York

Robert D. Drain

Of Counsel, Corporate Restructuring
robert.drain@skadden.com