Bethany D. Simmons

Bethany Simmons represents clients in all aspects of Chapter 11 bankruptcies, out-of-court restructurings and commercial litigation. With a focus on implementing strategies to manage and address complex financial situations, Bethany takes a pragmatic approach to representing clients across multiple industries—including real estate, retail, luxury brands, entertainment, health care, technology, and oil and gas. 

Bethany plays an active role in every phase of the Chapter 11 bankruptcy process, assisting clients with emergency requests for relief at the outset of a case, relief from the automatic stay, asset sales, debtor-in-possession financing, use of cash collateral, contract assumption and rejection, plan negotiation and confirmation, and claim objections. Her representations regularly involve high-stakes contested matters, adversary proceedings and appeals. She also frequently counsels clients seeking out-of-court resolutions. 

In addition to her restructuring work, Bethany has extensive litigation experience in federal and state courts. She leverages her strong writing and oral advocacy skills to deliver nuanced legal arguments. She handles a broad range of sophisticated commercial disputes, including breach of fiduciary duty and other business torts, breach of contract, misappropriation of trade secrets, fraudulent conveyance and preference actions. With a robust trial background, she takes a leading role in jury and bench trials, guiding cases from pre-suit demand to final decision. Bethany also has a track record of successfully mediating disputes, resulting in efficient resolutions for her clients.

Bethany frequently writes on restructuring topics, with a quarterly column published by Reuters and Westlaw Today, and is also a contributing author for Law360. She also regularly contributes to the firm’s Quick Takes posts, providing insights and analyses about recent notable bankruptcy-related decisions. 

In addition to her role as a partner in the Bankruptcy, Restructuring & Creditors’ Rights department, Bethany is a strategic partner in the Real Estate Investments & Transactions department and the Luxury Brands industry group.