Ashley C. Keller
Professional Practice
Bartlit Beck Herman Palenchar & Scott LLP, 2009-Present, Partner (since 2012)
Current representations
Countrywide Home Loans, Inc. and BAC Home Loans Servicing, LP v. Mortgage Guaranty Insurance Corporation (Federal District Court, Northern District of California)
Representing MGIC in a $100 million mortgage insurance dispute with Countrywide.
Elliott Associates, L.P. v. Porsche SE
Representing hedge funds in securities fraud and manipulation lawsuit against Porsche SE related to Porsche SE's attempted takeover of Volkswagen AG in 2008. Damages in excess of $2 billion. Case pending in the United States Court of Appeals for the Second Circuit.
Appellate representations
Radlax Gateway Hotel, LLC v. Amalgamated Bank (Supreme Court of the United States)
Appellate counsel (with my colleagues Adam Mortara and Vince Buccola) representing a group of bankruptcy scholars in connection with amicus brief at the certiorari stage. Case involves the permissibility of credit bidding at bankruptcy auctions. Petition pending.
Click here to read the brief.
Countrywide Home Loans, Inc. v. Mortgage Guaranty Insurance Corp. (9th Cir. 2010-2011)
Represented MGIC, a leading provider of mortgage insurance, in ongoing dispute with Countrywide. Obtained reversal of the district court’s order remanding the dispute to state court in the U.S. Court of Appeals for the Ninth Circuit.
Acknowledgements, presentations, and publications
Publications
Credit Bidding and the Design of Bankruptcy Auctions, 18 Geo. Mason L. Rev. 99 (2010) (with Vincent Buccola). Cited in In re Philadelphia Newspapers, 599 F.3d 289 (3d Cir. 2010) (Ambro, J., dissenting); River Road Hotel Partners, LLC v. Amalgamated Bank, ___F.3d___, 2011 WL 2547615 (7th Cir. 2011).
Presentations
Moderator, Chicago Booth Private Equity Group's 9th Annual Private Equity Conference. Discussed recent trends in distressed investing including amend-and-extend, loan-to-own, and 363 sales. Click here for more information.
Panelist, Chicago Booth Distressed Investing and Restructuring Group's Fifth Annual Conference (April 2010). Panel to discuss recent evolutions in bankruptcy law and the changing regulatory environment surrounding 363 sales. Click here for more information.
