Practice Areas
Litigation, Insolvency and Creditors' Rights, Maritime, Commercial Lending
Practice Description
Representation of financial institutions and other creditors, including creditors’ committees, in bankruptcy proceedings, restructuring transactions, non-bankruptcy enforcement and lender liability litigation; negotiating, structuring and documenting secured and unsecured financial transactions; general commercial litigation.
Education
- B.A., 1970 Duke University
- J.D., 1974 Brooklyn Law School
Admissions
- 1975 New York
- 1983 New Jersey
- 1975 U.S. District Courts, Southern and Eastern Districts of New York
- 1989 U.S. District Court, District of New Jersey
- 1987 U.S. Court of Appeals, Second Circuit
- 1990 U.S. Court of Appeals, Third Circuit
- 1994 U.S. Court of International Trade
Affiliations
- American Bar Association (Section of Business Law)
- New York State Bar Association
- American Bankruptcy Institute
Publications Available on this website...
"
Distressed Debt: Top Ten Issues to Consider When Dealing in Trade Claims,"
Client Advisory, March 1, 2008; "
Enron Appeal - Equitable Subordination and Disallowance Do Not Inhere in a Claim but are Personal Disabilities of Individual Claimants that May Be Transferred,"
Client Advisory, August 2007
Additional Publications
“Indenture Trustee’s Dilemma: When to Seek Adequate Protection,”
New York Law Journal, October 28, 2002 (co-authored); “What Bankruptcy Counsel Should Know About Commercial Liability Policies,”
The Bankruptcy Strategist,” July 2001; “A Silver Lining for Unsecured Creditors: The Insurers,”
The National Law Journal, February 19, 2001; “Insider Preferences and The Golden Parachute,”
Leader’s Bankruptcy Strategist, July 2000; “How an Expansive Interpretation of §363(f)(5) Is Helping Debtors Sell Assets Free of Liens,”
The Bankruptcy Strategist, January 2000 (co-authored); "How the 1999 Bankruptcy Bill Could Affect Reorganizations,"
Leader's Bankruptcy Strategist, October 1999 (co-authored);“Limiting Time to Assume Commercial Leases: What About Kleinsleep?,”
The Bankruptcy Strategist, June 1999 (co-authored)
Illustrative Matters
| Client |
Description |
| Commercial Bank |
Represented commercial bank in enforcement litigation against guarantor and recovery of fraudulently conveyed assets. |
| Investment Fund |
Advised investment fund on purchase of inventory and intellectual property in bankruptcy proceeding. |
| Private Investor Group |
Represented private investor group in loan to publicly held energy company. |
| Automobile Manufacturer |
Defended financing subsidiary of automobile maker in suit by dealership. |
| Financial Institution |
Represented financial institution in objection to bankruptcy discharge of individual debtor. |
| Lender |
Represented lender in action to seize collateral for loan. |