Washington and Lee University, J.D., magna cum laude, 1988, Order of the Coif; Executive Editor, Washington and Lee Law Review, 1987-88
Furman University, B.A., cum laude, 1985
David Schilli concentrates his practice on commercial out-of-court restructurings and Chapter 11 proceedings. Clients call on David because he provides efficient, cost-effective representation and relies on his broad litigation and transactional experience to develop and implement practical business solutions. His 30 years of experience across a wide spectrum of industries and sectors allow him thoughtfully to help clients quickly adapt to crisis management challenges and craft creative solutions.
David’s ability to effectively counsel a wide range of clients during crises results from his diverse litigation practice representing nearly every constituency group in bankruptcy and creditors' rights matters and a broad transactional practice focused on representing financial institutions and other lenders in originating, working out and restructuring loans. He is equally comfortable in the courtroom and at the negotiating table, and his calm, measured approach benefits his clients.
David has regularly lectured on various bankruptcy topics at local, state and regional conferences, and he has served in leadership positions in professional turnaround organizations, including as chair of the North Carolina Bar Association's Bankruptcy Section and president of the Carolinas Chapter of the Turnaround Management Association.
Honors & Awards
- Chambers USA: America’s Leading Lawyers for Business, bankruptcy/restructuring, 2004-20
- The Best Lawyers in America, bankruptcy and creditor debtor rights/insolvency and reorganization, 2009-21; Charlotte Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law Lawyer of the Year, 2020
- North Carolina Super Lawyers, bankruptcy and creditor/debtor rights, 2006-21
- Business North Carolina, Legal Elite, bankruptcy, 2003-16, 2021
- Martindale-Hubbell, AV® Preeminent™ Peer Review Rated
- Law Clerk, The Honorable George R. Hodges, U.S. Bankruptcy Court, Western District of North Carolina, 1990-91
- Law Clerk, The Honorable Robert D. Potter, U.S. District Court, Western District of North Carolina, 1988-90
Represents the debtor in two separate and unrelated Chapter 11 cases filed to permanently, globally and fairly address asbestos claims through a reorganization plan that includes a channeling injunction under Bankruptcy Code § 524(g).
Represents an international supplier of infrastructure solutions for communication networks in all aspects of U.S. and cross-board bankruptcy cases of suppliers and customers, involving reclamation, post-petition supply on open account, preservation of administrative claims, impact of bankruptcy filing on existing supply agreements, proof of claim filings, preference defense and asset sale issues.
Represents a former officer and director of a medical diagnostic testing lab in defending claims by its Chapter 7 trustee for alleged breach of fiduciary duties, for alleged fraudulent transfers and for having authorized allegedly unlawful distributions when the testing lab was allegedly insolvent.
Advised a health care insurer in the evaluation and negotiation of a commutation agreement involving a reinsurer.
Represented a health care service provider with a network of dialysis facilities and outpatient cardiac and vascular labs in bankruptcies and restructurings of hospital systems.
Represented a large regional bank in pursuing collection remedies on a $12 million senior credit facility secured by substantially all assets of a NASCAR Cup Series race team, including pursuing appointment of receiver and, following a Chapter 11 filing, obtaining appointment of a Chapter 11 trustee that resulted in the sale of the race team.
Represented the largest landlord group in the Chapter 11 case involving the Performance Bicycle retail chain, including the going-out-of-business sales and section 363 sale processes.
Represented a wholesale nursery supplier in the Chapter 11 proceedings of a grower and defeated the grower's efforts to re-characterize its contracts with the supplier as disguised financing arrangements, which if successful would have resulted in the supplier losing its interest in nearly $5 million of nursery product.
Out-of-Court Restructurings and Workouts
Represented a minority investor and loan guarantor in out-of-court distressed sale of real estate project containing wedding and event space, distillery space and a commercial kitchen.
Represented a national bank in the restructuring of a $9 million multi-borrower senior credit facility secured by the accounts receivable and real estate of a national distribution and logistics company.
Represented a national bank in an $11 million senior secured loan workout secured by a mixed-use (multifamily and office) project.
Represented a national bank in the restructuring of a $28 million senior credit facility to a borrower in the textile industry involving a series of multimillion-dollar subordinated debt offerings and equity infusions, leading to the sale of the senior credit facility to subordinated debt holders.
Represented a national bank in a $32 million senior credit facility to a construction company in a complex debt restructuring of a revolver, letter of credit obligations and swap obligations involving a series of multimillion-dollar subordinated debt offerings and equity infusions, leading to sale of the senior credit facility to subordinated debt holders.
Represented the lender in the U.C.C. Article 9 foreclosure of a failed borrower in the health care industry.
Represented a national bank in a $13 million senior credit facility to a hybrid bus manufacturer in a complex debt restructuring of a term loan, a revolver and letter of credit obligations involving a series of multimillion-dollar subordinated debt offerings and equity infusions, leading to the sale of the senior credit facility to subordinated debt holders.
Represented a national bank in collecting $30 million of senior loans secured by real estate owned by a single-purpose borrower and leased to the General Services Administration.
Represented a national bank in connection with a nonprofit school's redemption of bonds issued by North Carolina's Capital Facilities Finance Agency and supported by the bank's letter of credit and the restructuring and ultimately collection of $7.5 million of senior secured letter of credit reimbursement obligations.
Represented a national bank in liquidating a Chapter 11 case of a fully integrated real estate and telecommunications company owing letter of credit reimbursement obligations totaling $1 million secured by cash collateral and corporate credit cards secured by cash collateral and using the bank's treasury management services.
Represented a packaging supplier in the automotive industry in the sale of substantially all operating assets and wind-down of operations.
Represented a significant debt and equity holder in a residential real estate community, with leisure amenities to include golf, fishing, shooting and equestrian activities, in restructuring and capital raises to respond to cash-flow shortages, general economic conditions and other operational difficulties.
Represented an individual in the buyout of a financially troubled business partner in various entities that own a minor league baseball team, a baseball stadium under construction and a mixed-use real estate development surrounding the stadium, and in the restructuring of the real estate acquisition loan and other obligations.
News & Events
- Jan. 15, 2021
- Jan. 4, 2021
- Aug. 20, 2020
- April 30, 2020
- Jan. 22, 2020
- Aug. 15, 2019
- May 6, 2019
- Jan. 28, 2019
- Aug. 15, 2018
- May 31, 2018
- Jan. 30, 2018
- Eight Named “Lawyer of the Year”Aug. 16, 2017
- May 31, 2017
- Jan. 26, 2017
- Nov. 29, 2016
- Eight Attorneys Named "Lawyer of the Year"Aug. 15, 2016
- June 2, 2016
- May 9, 2016
- Jan. 27, 2016
- Jan. 5, 2016
- Aug. 18, 2015
- May 28, 2015
- Jan. 21, 2015
- Eighteen Robinson Bradshaw Attorneys Named to North Carolina’s 2015 Legal Elite, Legal Elite Hall of FameJan. 8, 2015
- Firm Topped North Carolina Rankings in Eight Practice AreasAug. 19, 2014
- May 23, 2014
- Jan. 31, 2014
- Jan. 21, 2014
- Eighteen Robinson Bradshaw Attorneys Included Among North Carolina’s 2014 ‘Legal Elite,’ ‘Legal Elite Hall of Fame’Jan. 6, 2014
- Aug. 15, 2013
- May 24, 2013
- Six Shareholders Among State’s Top 100 Attorneys, Two in Top 10Jan. 18, 2013
- Nineteen Robinson Bradshaw Attorneys Included Among North Carolina’s 2013 ‘Legal Elite,’ ‘Legal Elite Hall of Fame’Jan. 7, 2013
- Aug. 23, 2012
- June 8, 2012
- Feb. 21, 2012
- Seven Shareholders Among State’s Top 100 Attorneys, Two in Top 10Jan. 23, 2012
- Eighteen Robinson Bradshaw Attorneys Included Among North Carolina’s 2012 ‘Legal Elite,’ ‘Legal Elite Hall of Fame’Jan. 4, 2012
- Sept. 1, 2011
- Charlotte Firm Leads All Other N.C. Firms in Ranked Attorneys, No. 1 Practice Areas for Third-Straight YearJune 14, 2011
- Seven Shareholders Included Among State’s Top 100 Attorneys, Two in the Top 10Jan. 21, 2011
- Twenty-One Robinson Bradshaw Attorneys Named Among North Carolina’s ‘Legal Elite,’ ‘Legal Elite Hall of Fame’Jan. 12, 2011
- Twenty-Two Robinson Bradshaw Attorneys Named to Chambers USA, Most in North Carolina for Second Straight YearCharlotte-Based Firm Again Recognized as State Leader in Eight Practice AreasJune 11, 2010
- Forty-Six Robinson Bradshaw Attorneys Named North Carolina Super Lawyers, North Carolina Rising Stars for 2010Jan. 28, 2010
- Twenty-Five Robinson Bradshaw Attorneys Named Among ‘Legal Elite,’ ‘Legal Elite Hall of Fame’ in North CarolinaJan. 26, 2010
- Aug. 10, 2009
- June 18, 2009
- Jan. 23, 2009
- Dec. 31, 2008
- Sept. 19, 2008
- June 14, 2008
- Jan. 23, 2008
- Dec. 31, 2007
- June 15, 2007
- Jan. 26, 2007
- Dec. 31, 2006
- June 2, 2006
- Jan. 18, 2006
4750 Amelia Island Parkway
Amelia Island, FL 32034July 19, 2019
First Citizens Bank
Second Floor Dining Room
128 S. Tryon St.
Charlotte, NC 28202Oct. 31, 2018
Charlotte City Club
121 W. Trade St.
Charlotte, NC 28202Dec. 5, 2016
101 W. Worthington
Charlotte, NCJan. 19, 2016
- North Carolina's 37th Annual Bankruptcy Institute, A Primer on the Bankruptcy of LLC Members — The Only Certainty is Uncertainty
Omni Grove Park Inn
290 Macon Ave
Asheville, North CarolinaNov. 7-8, 2014
101 North Tryon Street, Suite 1900
Charlotte, North Carolina 28246May 14, 2014
- Nov. 23, 2016Corporate Counsel
- Oct. 8, 2015Robinson Bradshaw Publication
- July 8, 2015Robinson Bradshaw Publication
- April 2009Robinson Bradshaw Publication
- February 2009Robinson Bradshaw Publication
- March 2007Robinson Bradshaw Publication
- North Carolina Bar Association, Bankruptcy Section, Vice Chair, 2004; Chair, 2005; Council Member; Membership Committee; Vice Chair, Seminar Committee; Chair, Seminar Committee
- Turnaround Management Association, Global Chapter Resource & Response Committee, Member, 2020-present; Carolinas Chapter, Vice President, 2012-13; President, 2014-15; Board of Directors, 2009-present; Secretary, 2010-11, 2018-present
- American Bankruptcy Institute, Member; Southeast Workshop Advisory Board, Member, 2018-present
- Western District of North Carolina Bankruptcy Seminar Planning Committee, 2019-present
- Mecklenburg County Bar, Professionalism Committee, Member, 2000-07; Chair, 2005-06; Ayscue Professionalism Award Committee, Member, 2003-07
- North Carolina Bar Foundation, North Carolina Bankruptcy Manual, Managing Editor, 5th Edition (2003); Contributing Author, 4th Edition (1993), "Claims and Protecting the Creditor’s Interests"; Contributing Author, 8th Edition (2017), 7th Edition (2012) and 6th Edition (2007), "Meeting of Creditors"
- Fourth Circuit Judicial Conference, Permanent Member
- Carolina Golf Club, Member, 1997-present; Greens Committee, 2008-09; Membership Committee, 2011-14; Finance Committee, 2015-present; Board of Governors, 2019-present; Secretary, 2020; Vice President, 2021; Executive Committee Member, 2020-present
- Youth athletics coach (baseball, basketball, soccer), 1990-97, 2014-17
- St. Peter Catholic Church, Pastoral Council, 2015-present; Vice Chair, 2018-19; Chair, 2019-20
- Furman University Alumni Board, Member, 2001-06
- Center for Community Transitions (fka ECO, Inc.), Board of Directors, 2000-05; President, 2002-04