Michael Cook served as a partner in the New York office for 16 years, devoting his practice to business reorganization and creditors’ rights litigation, including mediation and arbitration. His clients include professional firms, lenders, acquirers, trustees, creditors committees, troubled companies and other parties, e.g., Leucadia Natl Corp., Cerberus Capital Management, General Electric Capital Corp., CIT Group, Fir Tree Partners, UniCredito Italiano, Credit Suisse, Japan Leasing (USA), Ames Department Stores, Carter Hawley Hale Stores, A.H. Robins Company Inc., Quigley Company Inc., PriceWaterhouse Coopers, KPMG, Duff & Phelps Securities LLC, Deloitte & Touche, Goldin Associates, and Panasonic Corporation. Michael’s representative engagements include serving as counsel to the prevailing defendant in Enron Creditors Recovery Corp. v. Alfa SAB, 651 F.3d 329 (2d Cir. 2011) (reversed bankruptcy court; fraudulent transfer and preference complaint dismissed); serving as counsel to prevailing creditor in Andy Warhol Foundation v. Hayes, 183 F.3d 162 (2d. Cir. 1999) (reversed lower court; held creditors claim for debtor's breach of fiduciary duty survived debtor's bankruptcy discharge); serving as counsel for prevailing defendants in fraudulent transfer suit, Scherling v. Ehrenkranz, 121 B.R. 961 (S.D.N.Y. 1991) (affirmed judgment dismissing complaint after trial); serving as counsel to the prevailing law firm in In re Ames Dept. Stores, Inc., 76 F.3d 66 (2d Cir. 1996) (fee application granted, reversing district court); and serving as counsel to the prevailing law firm in In re Quigley, 500 B.R. 344 (Bankr. S.D.N.Y. 2013) (fee application granted over U.S. Trustee objection). 

Chambers USA listed Michael as a “leading individual” in bankruptcy/restructuring and interviewees praise him for his “tremendous experience and vision in bankruptcy matters.” He has also been recognized by Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms and AttorneysThe Best Lawyers in AmericaExpert Guide to the World’s Leading Banking, Finance and Transactional Law LawyersThe K&A Restructuring RegisterThe Legal 500 USNew York Super LawyersPLC Cross-border Restructuring and Insolvency Handbook and Who’s Who in American Law. He is past chair of the American College of Bankruptcy, which has established the “Michael L. Cook Extraordinary Grant” for legal services organizations that provide pro bono bankruptcy services for indigent consumer debtors. He is also a fellow of the New York Bar Foundation and a former chair of the American Bar Association’s Creditors’ Rights Litigation Committee. A frequent contributor to major publications, Michael serves as lead editor and contributing author of Bankruptcy Litigation Manual (rev. ed., Aspen Law & Business, 2019), is on the editorial boards of Pratt’s Journal of Bankruptcy Law and The Bankruptcy Strategist, is a contributing author to Collier Bankruptcy Guide (rev. ed., Matthew Bender, 2018) and Collier on Bankruptcy (15th rev. ed., 2003), and he co-authored Creditors’ Rights, Debtors’ Protection and Bankruptcy (3rd ed., Matthew Bender, 1997) (with NYU School of Law Professor Lawrence P. King). Michael served for 26 years as an Adjunct Professor at New York University School of Law, teaching courses on creditors’ rights, debtors’ protection and bankruptcy. He received his A.B. from Columbia University and his J.D. from New York University School of Law.

Representations

Reorganizations (Debtor Representations)

Quigley Company Inc., American Banknote Corp., Lenox Health Care Inc., United Merchants & Manufacturers, Victoria Creations Inc., Wang Laboratories Inc., Doe-Spun Inc., Ames Department Stores, Carter Hawley Hale Stores, A.H. Robins Company Inc.

Investors/Acquirors

Leucadia National Corp., Cerberus Capital Management LLP, Soo Line Railroad Co., Cyclops Industries Inc.

Reorganization Trustees

Cardinal Industries Inc.

Secured Creditors and Lessors

Fir Tree Partners, Columbia Pacific Opportunity Fund LP, Alcentra Limited, Babson Capital Europe Limited, Elliott Associates, L.P., European Credit Management Limited, Goldman Sachs Capital Markets, Intermediate Capital Management Limited; N.M. Rothschild & Sons Ltd., Permira Debt Managers Ltd., Dai Ichi Kangyo Bank, Blackacre Bridge Capital LLC, Cerberus Partners, Ableco Finance, Foothill Capital, CIT Group, Hilco Consumer Capital, Credit Suisse First Boston, Tishman Speyer Properties, Unicredito Italiano, Midlantic National Bank, General Electric Capital Corporation, Polaris Aircraft Income Funds, Continental Illinois Bank, Bank of Boston, Bankers Federal Savings Bank FSB, Extebank, Banco Santander, Citibank NA, The Chase Manhattan Bank, Morgan Guaranty, Fuji Bank, Japan Leasing (USA) Inc., Atari Inc., Bear Stearns Asset Management, Northwestern Mutual Capital Limited; Pramerica, Wachovia Bank.

Creditors’ Committees

Union Pacific Resources Company, counsel to committee chair in Columbia Gas reorganization; McCall Pattern Company, counsel to committee; New York Life Insurance Company, counsel to committee chair in Kaiser Steel reorganization.

Professional Firms

Duff & Phelps Securities LLC, Oppenheimer & Co. Inc., PriceWaterhouse Coopers, Deloitte & Touche LLP, KPMG LLP, Ernst & Young LLP, Arthur Andersen LLP, Blank Rome Tenzer Greenblatt LLP, Boies, Schiller & Flexner LLP, McDermott Will & Emery LLP, Chanin Capital LLC, Goldin Associates LLC, Arkin Kaplan Rice LLP.

Mediation and Arbitration

Mediator and arbitrator in bankruptcy cases for Combustion Engineering, Bethlehem Steel Corp., Greate Bay Casino, 20 Bayard Views LLC, Actrade Capital, Inc., Allou Distributors, Inc.

Publications

Books/Treatises

Bankruptcy Litigation Manual (rev. ed., Aspen Law & Business, 2019) (lead editor and contributing author)

Collier Bankruptcy Guide (rev. ed., Matthew Bender, 2018) (contributing author: “Appeals in Bankruptcy Cases”)

Collier on Bankruptcy (15th rev. ed., 2003) (contributing author: “Preferences” and “Fraudulent Transfers”)

Creditors’ Rights, Debtors’ Protection and Bankruptcy (3rd ed., Matthew Bender, 1997) (with NYU School of Law Professor Lawrence P. King)

A Practical Guide to the Bankruptcy Reform Act (rev. ed., Harcourt Brace Jovanovich, 1984) (with Harvey R. Milller)

Articles

“Fourth Circuit Reverses Disallowance of Lender’s Post-Bankruptcy Legal Fees,” The Banking Law Journal, February 2019

“Fourth Circuit Reverses Disallowance of Lender’s Post-Bankruptcy Legal Fees,” SRZ Alert, Feb. 15, 2019

“Fifth Circuit Blocks Fraudulent Transferee’s Good Faith Defense,” SRZ Alert, Jan. 16, 2019

“Eighth Circuit Rejects Ponzi Scheme Presumption To Protect Legitimate Loan Repayments,” The Bankruptcy Strategist, January 2019

“Fifth Circuit Holds Lease to Be a Secured Loan,” Pratt’s Journal of Bankruptcy Law, January 2019

“Schools Suffer When Debtor Tuition Payments Are Recovered,” Law360, Dec. 20, 2018

“In a Landlord Bankruptcy Sale, What Happens to the Lease?” Law360, Dec. 14, 2018

“Lower Courts Wrestle with Debtors’ Tuition Payments,” SRZ Alert, Dec. 12, 2018

“Third Circuit Protects Commercial Tenant with Rejected Lease from Bankruptcy Sale Purchaser,” SRZ Alert, Dec. 6, 2018

“Appellate Court Reverses Disallowance of Lender’s Post-Bankruptcy Legal Fees,” SRZ Alert, Dec. 4, 2018 

“Appellate Court Reverses Disallowance of Lender’s Post-Bankruptcy Legal Fees,” SRZ Alert, Dec. 3, 2018

“Fifth Circuit Holds Asset Purchaser Unable To Acquire Rejected License Agreement,” The Bankruptcy Strategist, December 2018

“Eighth Circuit Rejects Ponzi Scheme Presumption To Protect Legitimate Loan Repayments,” SRZ Alert, Nov. 29, 2018

“Fifth Circuit Holds Asset Purchaser Unable To Acquire Rejected License Agreement,” SRZ Alert, Nov. 2, 2018

“Two Circuits Limit Creditors’ Setoff Rights in Bankruptcy Cases,” Westlaw Journal – Bankruptcy, Nov. 1, 2018

“Two Circuits Limit Creditors’ Setoff Rights in Bankruptcy Cases,” SRZ Alert, Oct. 18, 2018

“Eleventh Circuit Strengthens Creditor's Defense to Preference Claim,” The Bankruptcy Strategist, October 2018

“Eleventh Circuit Strengthens Creditor's Defense to Preference Claim,” SRZ Alert, Aug. 30, 2018

“Second Circuit Rejects Use of Involuntary Bankruptcy Petition as Collection Tool,” SRZ Alert, Aug. 22, 2018

“Fifth Circuit Holds Lease To Be a Secured Loan,” SRZ Alert, Aug. 14, 2018

“Three Provocative Business Bankruptcy Decisions of 2018,” Harvard Law School Bankruptcy Roundtable, Aug. 7, 2018

“Fifth Circuit Affirms Shareholder Veto of Chapter 11 Petition,” The Bankruptcy Strategist, July 2018

“Three Provocative Business Bankruptcy Decisions of 2018,” SRZ Alert, June 25, 2018

“Ninth Circuit Rejects Disqualification of Secured Lender’s Vote on Plan,” SRZ Alert, June 11, 2018

“Second Circuit Rejects Arbitration of Debtor’s Asserted Discharge Violation,” The Bankruptcy Strategist, June 2018

“Fifth Circuit Affirms Shareholder Veto of Chapter 11 Petition,” SRZ Alert, May 30, 2018

“Split First Circuit Prevents Non-Debtor Licensee From Using Rejected Trademark License,” LexisNexis® Emerging Issues Analysis, May 2018

“First Circuit Rejects Fraudulent Transfer Attack on Lender’s Transfer of Asset Sales Proceeds,” SRZ Alert, April 24, 2018

“Split First Circuit Prevents Non-Debtor Licensee From Using Rejected Trademark License,” Pratt’s Journal of Bankruptcy Law, April/May 2018

“Second Circuit Rejects Arbitration of Debtor’s Asserted Discharge Violation,” SRZ Alert, April 3, 2018

“First Circuit Affirms Dismissal of Fraudulent Transfer and Fiduciary Duty Claims,” The Banking Law Journal, March 2018

“Fifth Circuit Rejects Breach of Fiduciary Duty and Fraudulent Transfer Claims,” Pratt’s Journal of Bankruptcy Law, February/March, 2018

US Supreme Court Limits Securities Safe Harbor Protection From Bankruptcy Clawback Suits,” SRZ Alert, March 1, 2018; cited in Harvard Law School Bankruptcy Roundtable, March 6, 2018

“Split First Circuit Prevents Non-Debtor Licensee From Using Rejected Trademark License,” SRZ Alert, Jan. 25, 2018

“Seventh Circuit Affirms Lessor’s Priming of DIP Lender’s Lien,” SRZ Alert, Jan. 19, 2018

“Connecticut Supreme Court Defines Bankruptcy Effect on Contracts,” The Bankruptcy Strategist, January 2018

“First Circuit Affirms Dismissal of Fraudulent Transfer and Fiduciary Duty Claims,” SRZ Alert, Dec. 12, 2017

“Court Wrongly Disallows Lenders Post-Bankruptcy Legal Fee,” Law360, Dec. 8, 2017

“District Court Affirms Disallowance of Lender’s Legal Fee Claim,” SRZ Alert, Dec. 5, 2017

“Connecticut Supreme Court Defines Bankruptcy Effect on Contracts,” SRZ Alert, Nov. 28, 2017

“Fifth Circuit Rejects Breach of Fiduciary Duty and Fraudulent Transfer Claims,” SRZ Alert, Nov. 27, 2017

“Third Circuit Sidesteps Ruling on Validity of Avoidance Claim Sale,” SRZ Alert, Oct. 31, 2017

“Second Circuit Affirms Refusal to Approve Foreign Debtor’s Asset Sale,” Pratt’s Journal of Bankruptcy Law, July/August 2017 

“Second Circuit Affirms Mandatory Subordination of Employees’ Securities Claims,” Pratt’s Journal of Bankruptcy Law, July/August 2017 

“Court Guts Lyondell Trustee’s Bankruptcy-Related Claims,” The Banking Law Journal, July 5, 2017

Sixth Circuit Trims Bank’s Good Faith Defense to Fraudulent Transfer Claims (Part 2 of 2),” The Bankruptcy Strategist, June 2017

“Split Ninth Circuit Refines Cramdown Valuation Rule,” SRZ Alert, June 23, 2017

“Sixth Circuit Upholds Assignment of Rents to Secured Lender,” Thomson Reuters, June 15, 2017

Second Circuit Affirms Refusal to Approve Foreign Debtor’s Asset Sale,” SRZ Alert, May 31, 2017

Sixth Circuit Upholds Assignment of Rents to Secured Lender,” SRZ Alert, May 23, 2017

“Second Circuit Affirms Mandatory Subordination of Employees' Securities Claims,” SRZ Alert, May 19, 2017

“Court Guts Lyondell Trustee’s Bankruptcy-Related Claims,” SRZ Alert, May 8, 2017

Sixth Circuit Trims Bank’s Good Faith Defense to Fraudulent Transfer Claims (Part 1 of 2),” The Bankruptcy Strategist, May 2017

“Ninth Circuit Holds Bank Liable for Preference, Applying Hypothetical Liquidation Analysis,” Westlaw Journal – Bankruptcy, March 23, 2017 (co-author)

“Ninth Circuit Gives Creditors' Committee Members Limited Litigation Protection,” The Banking Law Journal, April 2017

Ninth Circuit Holds Bank Liable for Preference, Applying Hypothetical Liquidation Analysis,” SRZ Alert, March 20, 2017 (co-author)

Sixth Circuit Trims Bank’s Good Faith Defense to Fraudulent Transfer Claims,” SRZ Alert, March 8, 2017

“Third Circuit Enforces Post-Acceleration Make-Whole Premium,” Pratt's Journal of Bankruptcy Law, February/March 2017 (co-author)

“Split Sixth Circuit Dismisses Appeal from Detroit’s Confirmed Plan,” Pratt's Journal of Bankruptcy Law, February/March 2017

“Split Ninth Circuit Requires Default Interest To Cure Default,” The Bankruptcy Strategist, February 2017

“Bankruptcy Judge Requires Investment Funds to Disclose Major Investors,” Westlaw Journal – Bankruptcy, January 2017 (co-author)

“Arbitration Denied In Bankruptcy Priority Fight,” The Bankruptcy Strategist, January 2017

Court's Sensible Analysis Saves Banker Fees in Bankruptcy,” Law360, Jan. 4, 2017

“New York Bankruptcy Court Saves Investment Bankers’ Transaction Fees,” SRZ Alert, Dec. 23, 2016

“Tenth Circuit Quashes Fraudulent Transfer Suit Against Asset Buyer,” SRZ Alert, Dec. 19, 2016

“Bankruptcy Judge Requires Investment Funds to Disclose Major Investors,” SRZ Alert, Dec. 16, 2016 (co-author)

“Split Ninth Circuit Requires Default Interest to Cure Default,” SRZ Alert, Dec. 2, 2016 (co-author)

“Third Circuit Enforces Post-Acceleration Make-Whole Premium,” SRZ Alert, Nov. 18, 2016 (co-author)

Second Circuit Affirms Denial of Arbitration in Bankruptcy Priority Fight,” SRZ Alert, Nov. 2, 2016

“Ninth Circuit Affirms Mandatory Subordination of Investor’s Securities Claim in Individual Debtor’s Reorganization Case,” Pratt's Journal of Bankruptcy Law, November/December 2016

“Split Sixth Circuit Dismisses Appeal from Detroit’s Confirmed Plan,” SRZ Alert, Oct. 13, 2016

Notice Requirement Clarified for Successor Liability Protection in Chapter 11 Asset Sale Orders,The Bankruptcy Strategist, October 2016

“Seventh Circuit Limits Bankruptcy Safe Harbor Protection,” Westlaw Journal – Bankruptcy, Sept. 22, 2016

Ninth Circuit Affirms Mandatory Subordination of Investor’s Securities Claim in Individual Debtor’s Reorganization Case,” SRZ Alert, Sept. 14, 2016

“Successor Liability in § 363 Sales,” Harvard Law School – Bankruptcy Roundtable, Sept. 13, 2016

“Fifth Circuit Narrowly Accepts Texas Supreme Court's Reading of Fraudulent Transfer Value Defense,” Westlaw Journal – Bankruptcy, Sept. 9, 2016

“Seventh Circuit Limits Bankruptcy Safe Harbor Protection,” SRZ Alert, Sept. 8, 2016 (co-author)

“Fifth Circuit Narrowly Accepts Texas Supreme Court's Reading of Fraudulent Transfer Value Defense,” SRZ Alert, Aug. 30, 2016

“Second Circuit Defines Adequate Capitalization,” The Bankruptcy Strategist, August 2016

“Split Fifth Circuit Affirms Success Fee for Financial Advisers,” SRZ Alert, Aug. 2, 2016

“Texas Supreme Court Resolves Fraudulent Transfer Value Defense for Fifth Circuit,” Pratt’s Journal of Bankruptcy Law, July/August 2016

“Eleventh Circuit Permits Lower Court Judgment to Be Vacated After Settlement,” SRZ Alert, July 26, 2016

“Second Circuit Clarifies Notice Requirement for Successor Liability Protection in Chapter 11 Asset Sale Orders,” SRZ Alert, July 20, 2016

“First Circuit Affirms Conversion of Reorganization Case to Liquidation,” SRZ Alert, July 13, 2016

“Lender’s Derivative Breach of Fiduciary Duty Claim Not Time-Barred Because of Its Knowledge,” SRZ Alert, July 8, 2016

Split Ninth Circuit Narrows Definition of Bad Faith Insider in Cramdown Case, The Banking Law Journal, July 2016

“Second Circuit Defines Adequate Capitalization in Fraudulent Transfer Case,” SRZ Alert, June 21, 2016

“Supreme Court Holds Puerto Rico Recovery Act Preempted by Bankruptcy Code,” SRZ Alert, June 15, 2016

“Safe Harbor Defense Bars Creditors’ State Law Fraudulent Transfer Claims,” The Bankruptcy Strategist, June 2016

“Fifth Circuit Affirms Secured Lender Surcharge,” Harvard Law School Bankruptcy Roundtable, May 3, 2016  

“Texas Supreme Court Resolves Fraudulent Transfer Value Defense for Fifth Circuit,” SRZ Alert, April 6, 2016

“Seventh Circuit Voids Lien-Securing Rescue Loan,” The Bankruptcy Strategist, April 2016

“Seventh Circuit Holds Diversion of Asset Sale Proceeds to Be Fraudulent,” SRZ Alert, March 30, 2016

“Second Circuit Holds Safe Harbor Defense Bars Creditors’ State Law Fraudulent Transfer Claims,” SRZ Alert, March 29, 2016

“Second Circuit Affirms Mandatory Subordination of Underwriters’ Contribution and Reimbursement Claims,” The Banking Law Journal, March 2016

“Fifth Circuit Reverses Officer’s Release in Chapter 11 Reorganization Plan,” SRZ Alert, March 1, 2016

“Split Ninth Circuit Narrows Definition of Bad Faith Insider in Cramdown Case,” SRZ Alert, Feb. 23, 2016

“6th Circ. Rejects Transparently Artificial Chapter 11 Plan,” Law360, Feb. 16, 2016

“Sixth Circuit Affirms Rejection of Bad Faith Chapter 11 Plan,” SRZ Alert, Feb. 12, 2016

“Fourth Circuit Affirms Priority of Tax Lien over Failed Chapter 11 Professional Fees,” SRZ Alert, Feb. 2, 2016

“5th Circ. Affirms Secured Lender Surcharge,” Law360, Jan. 21, 2016

“Seventh Circuit Voids Lien Securing Rescue Loan but Rejects Equitable Subordination Claim,” SRZ Alert, Jan. 14, 2016

“Update on Bankruptcy Fee Shifting,” The Bankruptcy Strategist, January 2016

“Fifth Circuit Affirms Secured Lender Surcharge,” SRZ Alert, Jan. 5, 2016

“Tenth Circuit Saves Insider’s Severance Payments,” Employee Benefit Plan Review, January 2016

“Third Circuit Affirms Dismissal of Good Involuntary Petition for Bad Faith,” Real Estate Finance Journal, Fall/Winter 2015

“Second Circuit Affirms Mandatory Subordination of Underwriters’ Contribution and Reimbursement Claims,” SRZ Alert, Dec. 21, 2015

“Update on Insider Litigation,” SRZ Alert, Dec. 10, 2015

“Tenth Circuit BAP Limits Insider Claims,” SRZ Alert, Dec. 1, 2015

“Update on Alter Ego and Successor Liability Claims,” SRZ Alert, Nov. 23, 2015

“Courts Equitably Adjust Transferee Liability,” Law360, Nov. 10, 2015

“Update on Bankruptcy Fee Shifting,” SRZ Alert, Nov. 10, 2015

“Seventh Circuit Holds Transferee Liable for Decline in Value of Fraudulently Transferred Stock,” SRZ Alert, Nov. 5, 2015

“Third Circuit Affirms Dismissal of Good Involuntary Petition for Bad Faith,” SRZ Alert, Oct. 29, 2015

“Tenth Circuit Saves Insider’s Severance Payments,” SRZ Alert, Oct. 26, 2015

“7th Circ. Shields Casino from Fraudulent Transfer Charge,” Law360, Oct. 22, 2015

“Seventh Circuit Insulates Good Faith Casino from Insider’s Fraudulent Transfer Liability,” SRZ Alert, Oct. 19, 2015

“Divided Third Circuit Partially Stays Sale of Casino Pending Commercial Tenant’s Appeal,” SRZ Alert, Oct. 13, 2015

“Eleventh Circuit Broadly Defines ‘Value’ in Fraudulent Transfer Suit,” SRZ Alert, Oct. 8, 2015

“Ninth Circuit Insulates Corporate Insider from Preference Liability,” The Bankruptcy Strategist, October 2015

“Postscript on Equitable Mootness,” The Bankruptcy Strategist, October 2015

“Second Circuit Affirms Voiding of Secured Creditor’s Lien,” Pratt’s Journal of Bankruptcy Law, October 2015

“11th Circ. Blesses Lender With Default-Rate Interest,” Law360, Sept. 10, 2015 (co-author)

“Eleventh Circuit Reverses Denial of Lenders’ Claim for Default-Rate Interest,” SRZ Alert, Sept. 9, 2015 (co-author)

“Time to Revisit Equitable Mootness,” The Bankruptcy Strategist, September 2015

“10th Circ. Shields 1st-Time Payment from Preference Attack,” Law360, Aug. 19, 2015

“Tenth Circuit Insulates First-Time Transaction from Preference Attack,” SRZ Alert, Aug. 19, 2015

“Second Circuit Affirms Voiding of Secured Creditor’s Lien,” SRZ Alert, Aug. 10, 2015

“Divided 10th Circuit Reverses Recharacterization and Equitable Subordination of Insider Secured Loan,” Westlaw Journal – Bankruptcy, July 30, 2015

“Divided Ninth Circuit Directs Review of Lender’s Appeal from Cramdown Order,” SRZ Alert, July 24, 2015

“2nd Circ. Cites Creditor Risks in Involuntary Bankruptcy,” Law360, July 23, 2015

“Second Circuit Affirms Dismissal of Involuntary Bankruptcy Case Because of Creditors’ Legitimately Disputed Claims,” SRZ Alert, July 23, 2015

“Fifth Circuit Finds Undersecured Creditor Waived Right to Credit Bid,” Pratt’s Journal of Bankruptcy Law, July/August 2015

“U.S. Supreme Court Preserves Bankruptcy Court Power to Hear Disputes,” Pratt’s Journal of Bankruptcy Law, July/August 2015 (co-author)

“Divided Tenth Circuit Reverses Recharacterization and Equitable Subordination of Insider Secured Loan,” SRZ Alert, July 9, 2015

“Fifth Circuit Certifies ‘Good-Faith-for-Value’ Issue to Texas Supreme Court in Golf Channel Case,” SRZ Alert, July 7, 2015 (co-author)

“Divided Third Circuit Approves Structured Dismissal That Provides Class-Skipping Distribution,” SRZ Alert, June 22, 2015 (co-author)

“5th Circ. Subordinates Guaranty Claims,” Law360, June 10, 2015

“Fifth Circuit Orders Mandatory Subordination of Contractual Guaranty Claims,” SRZ Alert, June 5, 2015

“U.S. Supreme Court Preserves Bankruptcy Court Power to Hear Disputes,” SRZ Alert, May 28, 2015 (co-author)

“Court Validates Rescue Loan, Rejecting Equitable Subordination and Fraudulent Transfer Claims,” SRZ Alert, May 22, 2015

“Ninth Circuit Insulates Corporate Insider from Preference Liability,” SRZ Alert, May 13, 2015

“Fifth Circuit Finds Undersecured Creditor Waived Right to Credit Bid,” SRZ Alert, May 11, 2015

“ABI Commission’s Plan Process and Confirmation Recommendations: A Mixed Bag for Secured Creditors,” SRZ Alert, April 6, 2015 (co-author)

“Limiting Good-Faith Fraudulent Transfer Defense — Again,” Law360, April 3, 2015

“Fifth Circuit Again Limits Meaning of ‘Value’ in Creditors’ Good Faith Fraudulent Transfer Defense,” SRZ Alert, April 1, 2015

“Secured Lender Primes Earlier Federal Tax Lien,” The Bankruptcy Strategist, February 2015

“‘Redemption Option Value’: Mandatory Distributions to Out-of-the-Money Stakeholders,” SRZ Alert, Feb. 5, 2015 (co-author)

“Expert Views: Schulte Client Alert Discusses Priming DIPs Under ABI Commission Recommendations,” Reorg Research, Dec. 29, 2014 (co-author)

“Priming DIPs: The New Normal?,” SRZ Alert, Dec. 22, 2014 (co-author)

“ABI Commission Report: Highlights of Proposed Chapter 11 Reforms,” SRZ Alert, Dec. 8, 2014 (co-author)

“5th Circ. Limits ‘Value’ In Fraudulent Transfer Defense,” Law360, Dec. 2, 2014 (co-author)

“Fifth Circuit Narrows Meaning of ‘Value’ in Good Faith Lender’s Fraudulent Transfer Defense,” SRZ Alert, Dec. 1, 2014 (co-author)

“Secured Lender Primes Earlier Federal Tax Lien in Fourth Circuit Split Decision,” SRZ Alert, Nov. 19, 2014

“Court of Appeals Vacates DIP Financing Order for Lender’s Lack of Good Faith,” Harvard Law School Bankruptcy Roundtable, Nov. 18, 2014

“Fifth Circuit Vacates DIP Financing Orders,” The Bankruptcy Strategist, November 2014

“2nd Circuit Vacates Bankruptcy Court’s Refusal to Review Foreign Debtor’s Sale of U.S. Asset,” Westlaw Journal – Bankruptcy, Oct. 23, 2014

“Second Circuit Vacates Bankruptcy Court’s Refusal to Review Foreign Debtor’s Sale of U.S. Asset,” SRZ Alert, Sept. 29, 2014

“Fifth Circuit Vacates DIP Financing Order for Lack of Good Faith,” SRZ Alert, Sept. 15, 2014

“Recent Case Shows Final Asset Sales Are Not Always Final,” Law360, Sept. 8, 2014

“Eleventh Circuit Vacates Bad-Faith Asset Sale,” SRZ Alert, Sept. 4, 2014

“Law Firm Clients Defeat Bankruptcy Trustees in New York Court of Appeals,” The Bankruptcy Strategist, September 2014

“District Court Adopts Subjective Good Faith Defense for Fraudulent Transfer Claims in SIPA Case,” Pratt’s Journal of Bankruptcy Law, July/August 2014 (co-author)

“Solvency Drives Dismissal of Fraudulent Transfer Suit,” Law360, Aug. 22, 2014

“Solvency Finding Drives Fifth Circuit to Affirm Dismissal of $2.5-Billion Fraudulent Transfer Suit,” SRZ Alert, Aug. 8, 2014

“Tardiness Does Not Warrant Equitable Subordination,” Law360, July 31, 2014

“Delaware Court Enforces Subordination Agreements Despite Senior Indenture Trustee’s Late Filing of Senior Claims,” SRZ Alert, July 28, 2014 (co-author)

“Madoff Foreign Entanglement Ruling Unsurprising,” Law360, July 18, 2014

“Supreme Court Upholds Bankruptcy Courts’ Limited Procedural Power,” Westlaw Journal – Bankruptcy, July 17, 2014

“The Significance of Wellness International v. Sharif,” Law360, July 14, 2014

“District Court Blocks Bankruptcy Trustee’s Foreign Entanglement,” SRZ Alert, July 11, 2014

“Supreme Court to Review Another Decision Limiting Bankruptcy Court’s Power,” SRZ Alert, July 8, 2014

“NY Court of Appeals to Bankruptcy Trustees: Partner Matters Are Not Law Firm Property,” SRZ Alert, July 3, 2014

“Fifth Circuit Affirms Bankruptcy Court’s Reasonableness Review of Oversecured Lender’s Legal Fees in Non-Judicial Foreclosure Sale,” SRZ Alert, June 30, 2014 (co-author)

“New York Court of Appeals Permits Individual Noteholder Suit Despite Indenture’s No-Action Clause,” SRZ Alert, June 24, 2014

“Supreme Court Upholds Bankruptcy Court’s Limited Procedural Power,” SRZ Alert, June 18, 2014

“Seventh Circuit Reads Bankruptcy Safe Harbor Broadly,” The Bankruptcy Strategist, June 2014

“District Court Adopts Subjective Good Faith Defense for Fraudulent Transfer Claims in SIPA Case,” SRZ Alert, May 21, 2014 (co-author)

“Understanding the Tronox Case,” The Review of Banking & Financial Services, May 2014 (contributor)

“Another Court of Appeals Broadly Reads Settlement Payment Safe Harbor,” Harvard Law School Bankruptcy Roundtable, May 13, 2014

“Fourth Circuit Affirms Lender’s Good Faith in Fraudulent Transfer Case,” Pratt’s Journal of Bankruptcy Law, April/May 2014

“Seventh Circuit Reads Bankruptcy Safe Harbor Broadly to Insulate Preferential Settlement Payment to Commodity Broker,” SRZ Alert, April 3, 2014

“Fourth Circuit Affirms Lender’s Good Faith in Fraudulent Transfer Case,” SRZ Alert, March 6, 2014

“Mere Acceleration Does Not Trigger Prepayment Premium,” Law360, Feb. 18, 2014 (co-author)

“Fifth Circuit Holds Mere Acceleration Does Not Trigger Prepayment Premium,” SRZ Alert, Feb. 6, 2014 (co-author)

“New York Bankruptcy Court Awards Billions in Damages Arising from Corporate Spin-Off Avoided as Fraudulent Transfer,” SRZ Alert, Dec. 20, 2013 (co-author)

“Seventh Circuit Reverses ‘Inconsistent’ District Court Fraudulent Transfer and Equitable Subordination Ruling,” The Bankruptcy Strategist, November 2013

“Third Circuit Permits Reopening of Reorganization Case to Enforce Debtor’s Purchase Option in Real Estate Lease,” Pratt’s Journal of Bankruptcy Law, September 2013 (co-author)

“Seventh Circuit Changes Its Mind and Reverses ‘Inconsistent’ District Court Fraudulent Transfer and Equitable Subordination Ruling,” SRZ Alert, Sept. 4, 2013

“The Code’s Safe Harbor Defense: Still Vital and ‘Extremely Broad,’” The Bankruptcy Strategist, September 2013

“The Fate of Anti-Assignment Clauses After Bankruptcy,” Law360, Aug. 22, 2013 (co-author)

“Third Circuit Permits Reopening of Reorganization Case to Enforce Debtor’s Purchase Option in Real Estate Lease,” SRZ Alert, Aug. 19, 2013 (co-author)

“Fifth Circuit Protects Secured Lender Who Bypasses Chapter 11 Reorganization Plan,” SRZ Alert, Aug. 12, 2013

“District Court Rejects Trustee’s ‘Clever’ Assignment of Fraudulent Transfer Claims to Avoid Code’s Safe Harbor Defense,” SRZ Alert, July 19, 2013

“Safe Harbor Update: Still a Good Defense to Fraudulent Transfer and Preference Claims,” SRZ Alert, July 8, 2013

“Secured Lender’s Loss of Possessory Lien Affirmed,” The Bankruptcy Strategist, July 2013 (co-author)

“Ninth Circuit Allows Bankruptcy Courts to Recharacterize Loans as Equity, Applying State Law,” The Banking Law Journal, July/August 2013

“Secured Lender’s Full Credit Bid Barred Later Recovery From Guarantors,” Pratt’s Journal of Bankruptcy Law, June 2013 (co-author)

“Secured Lender’s Loss of Possessory Lien Affirmed,” LJN’s Equipment Leasing Newsletter, June 2013 (co-author)

“SRZ Client Quigley Company Inc. Emerges from Heavily Litigated Chapter 11 Asbestos Reorganization,” SRZ Alert, June 28, 2013 (co-author)

“Ninth Circuit Allows Bankruptcy Courts to Recharacterize Loans as Equity, Applying State Law,” VC Experts, June 4, 2013

“Ninth Circuit Allows Bankruptcy Courts to Recharacterize Loans as Equity, Applying State Law,” SRZ Alert, May 10, 2013

“District Court Dismisses Insider Preference Claim Despite Affiliates Holding Equity and Board Seats,” SRZ Alert, April 19, 2013 (co-author)

“Eighth Circuit BAP Affirms Lender’s Loss of Possessory Lien,” SRZ Alert, April 4, 2013 (co-author)

“Secured Lender’s Full Credit Bid Barred Later Recovery From Guarantors,” SRZ Alert, March 6, 2013 (co-author)

“Seventh Circuit Extends Competition Rule to Insider in New-Value Reorganization Plan,” SRZ Alert, Feb. 20, 2013 (co-author)

“Second Circuit Affirms Dismissal of Debtor’s Attempted Subordination of Former Corporate Parent’s Claim,” Pratt’s Journal of Bankruptcy Law, January 2013

“Losing Bidder Has Standing to Seek Reimbursement of Fees and Expenses,” The Bankruptcy Strategist, December 2012

“Fifth Circuit Holds That Political Contributions From Ponzi Schemers Are Fraudulent Transfers,” SRZ Alert, Nov. 29, 2012

“Recoupment: Eighth Circuit Rejects ‘Balancing Of the Equities’ Test,” The Bankruptcy Strategist, November 2012 (co-author)

“Eleventh Circuit Reverses TOUSA District Court Decision and Holds Lenders Liable for Fraudulent Transfer,” Pratt’s Journal of Bankruptcy Law, July/August 2012 (co-author)

“Eleventh Circuit Bars Noteholders’ Fraudulent Transfer Suit Because of Indenture’s ‘No-Action Clause,’” SRZ Alert, May 4, 2012

“Fifth Circuit Applies New York Fraudulent Transfer Law to Suit Against Lenders for Receipt of Downstream Guaranty Payment Despite Debtor's Payment to All Other Creditors,” Pratt’s Journal of Bankruptcy Law, July/August 2012

“Trend Watch: The Safety of Reorganization Financing,” Law360, July 9, 2012 (co-author)

“Seventh Circuit Protects Nondebtor Licensee of Rejected Trademark License,” SRZ Alert, July 12, 2012

“Update on Reorganization Financing: Prepayment Premiums, Commitment Fees and Post-Bankruptcy Interest,” SRZ Alert, June 19, 2012 (co-author)

“Court Reverses ‘Ponzi-Like’ Fraudulent Transfer Ruling,” The Bankruptcy Strategist, June 2012

“Fifth Circuit Holds That Debtor’s Control of Funds in Another Entity’s Bank Account Made it De Facto Owner in Fraudulent Transfer Cases,” Financial Fraud Law Report, April 2012 

“Update on Bankruptcy Preference Insider Liability: Seventh Circuit Holds Minority Member of LLC Liable As Statutory Insider in Longview Aluminum,” The Bankruptcy Strategist, March 2012

“Case Study: In Re River Road Plaza,” Law360, Feb. 2, 2012

“Eleventh Circuit Insulates Hedge Fund Investors in Ponzi Scheme From Fraudulent Transfer Attack,” SRZ Alert, Feb. 1, 2012

“Seventh Circuit Holds Real Estate Debtor Cannot Cram Down Undersecured Lender With Bonds,” SRZ Alert, Jan. 25, 2012

“Second Circuit Denies Enron’s Petition for Rehearing on Commercial Paper Settlement Payment Decision,” SRZ Alert, Dec. 6, 2011

“Fifth Circuit Shows Reorganization Investors How to Get and Keep an Expense Reimbursement Order,” Pratt’s Journal of Bankruptcy Law, October 2011 (co-author)

“Madoff ‘Net Winners’ Lose Out,” Law360, Sept. 2, 2011 (co-author)

“First Circuit Holds That Junior Creditors Could Be Paid Before Senior Creditors Received Post-Petition Interest,” SRZ Alert, July 6, 2011

“Second Circuit Holds Bankruptcy Code Safe Harbor Insulates Sellers of Enron Commercial Paper from Preference and Fraudulent Transfer Liability,” SRZ Alert, June 29, 2011

“Supreme Court Limits Power of Bankruptcy Courts to Rule on State Law Claims by Trustees and Debtors,” SRZ Alert, June 28, 2011

“Seventh Circuit Denies Fees to Breaching DIP Lender,” SRZ Alert, April 13, 2011

“Update on Reorganization Financing,” SRZ Alert, April 7, 2011

“Ninth Circuit Treats Corporate Insider Fairly in Fraudulent Transfer Case,” The Bankruptcy Strategist, April 2011

“Violation — Absolute Priority — Senior Creditors’ Gifting Value to Existing Shareholder Under Reorg,” VC Experts, March 2011 (co-author)

“District Court Reverses Bankruptcy Court’s Controversial Fraudulent Transfer Tousa Decision,” SRZ Alert, Feb. 15, 2011 (co-author)

“Second Circuit Affirms Designation of Secured Lenders’ Vote and Effective Cram Down,” The Bankruptcy Strategist, February 2011 (co-author)

“In Re Scopac … 2 Years Later,” Bankruptcy and Appellate Law360, Dec. 6, 2010 (co-author)

“Defending the Preference and Fraudulent Transfer Safe Harbor,” The Bankruptcy Strategist, April 2010

“Second Circuit Joins Ninth Circuit in Allowing Fees Based on Pre-Bankruptcy Agreement,” The Bankruptcy Strategist, January 2010

“Preference Litigation,” (co-author), “Fraudulent Transfers,” (co-author), and “The Third Circuit’s Tour De Force Opinion on Preference, Insiders, Earmarking and Equitable Subordination,” Recent Developments in Distressed Debt Restructuring and Workouts — Fallout From the Credit Crunch 2010,Practising Law Institute, January 2010

“Business Reorganization Financing: Use of Cash Collateral and Debtor-in-Possession Financing,”“The Bankruptcy Code’s Automatic Stay,” “Fraudulent Transfers” and “Preference Litigation,” 32nd Annual Current Developments in Bankruptcy & Reorganization, Practising Law Institute, 2010

“Seventh Circuit Vindicates Secured Lenders’ Right to Full Payment,” The Bankruptcy Strategist, July 2009

“Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer With Expenses of Sale,” The Bankruptcy Strategist, June 2009

“Seventh Circuit Holds that Bankruptcy Court Improperly Reduced Oversecured Lenders’ Claim,” SRZ Alert, May 13, 2009

“Bankruptcy Court Allows Collateral Agent to Credit Bid Without 100% Approval of Senior Lenders in Same Facility,” SRZ Alert, April 28, 2009

In re Winstar Communications Inc.,” PLI's All-Star Briefing, April 2009, Vol. 7, Issue 15 (analysis)

“$188 Million Insider Preference Judgment Affirmed by Third Circuit,” SRZ Alert, Feb. 11, 2009

“Professional’s Pre-Approved Fixed Fee Award Upheld by 2d Cir.,” SRZ Alert, Jan. 16, 2009

“Insider Preference Liability,” Recent Developments in Distressed Debt, Restructurings and Workouts – Fallout From the Credit Crunch 2008, Practising Law Institute, January 2009

“How to Avoid Insider Preference Liability,” The Bankruptcy Strategist, October 2008

“Equitable Subordination Still Requires Proof of Harm,” The Bankruptcy Strategist, September 2008

“Bankruptcy Appeals Court Limits Lien-Stripping in § 363(b) Asset Sale,” SRZ Alert, Aug. 18, 2008

“Tenth Circuit Finds No Insider Preference Liability Based On Close Relationship Alone,” SRZ Alert, July 31, 2008

“Oversecured Creditor Wins Default Interest Issue,” SRZ Alert, July 16, 2008

“Fifth Circuit Reverses Equitable Subordination of Insiders’ Secured Loan,” SRZ Alert, June 30, 2008

“District Court Affirms Decision to Deny Cayman Islands Hedge Funds Access to U.S. Bankruptcy Court Under Chapter 15,” SRZ Alert, June 5, 2008

“Breach of Fiduciary Duty by Insiders of Chapter 11 Debtors,” SRZ Alert, March 12, 2008

“The Earmarking Defense Lives On,” New York Law Journal, March 3, 2008

“Oversecured Lender Awarded Post-Petition Interest at Contractual Default Rate Plus Compounded Interest,” SRZ Alert, Jan. 23, 2008

“US Courts Usually Enforce Creditors’ Contract Rights,” Financier Worldwide, Jan. 21, 2008

“Ethics in Bankruptcy Cases,” “Fraudulent Transfers” and “Preference Litigation,” Understanding the Basics of Bankruptcy Reorganization, Practising Law Institute, 2008

“Appeals Court Orders Immediate Payment of DIP Lender’s Commitment and Facility Funding Fees,” SRZ Alert, Nov. 28, 2007

“Oversecured Lender’s Contractual Prepayment Penalty Held Enforceable As Unsecured Claim Against Solvent Debtor,” SRZ Alert, Nov. 16, 2007

“Sixth Circuit Holds Buyer of Chapter 11 Debtor’s Contract Liable Only for Expressly Assumed Obligations,” SRZ Alert, Oct. 9, 2007

“Second Circuit Affirms Dismissal of Employees’ Lender Liability WARN Act Suit,” SRZ Alert,Sept. 28, 2007

“Cayman Hedge Funds Liquidators’ Request for Chapter 15 Protection Denied by Bankruptcy Court,” SRZ Alert, Sept. 19, 2007

“Court Insulates Lender’s Collateral from Professional Fee Surcharge,” Pratt’s Journal of Bankruptcy Law, September 2007

“Second Circuit Affirms Dismissal of Creditors’ Committee Equitable Subordination Complaint,” SRZ Alert, Aug. 20, 2007

“Investment Bank’s Advisory Fee Properly Calculated Under Reasonableness Standard,” SRZ Alert, Aug. 6, 2007

“Fourth Circuit Affirms Chapter 11 Dismissal,” The Bankruptcy Strategist, August 2007; SRZ Alert, June 20, 2007

“Delaware’s High Court Affirms Dismissal Of Creditor’s Suit Against Directors,” SRZ Alert, May 25, 2007

“Fraudulent Transfer Analysis Turns Sour,” The Bankruptcy Strategist, June 2007

“Supreme Court Allows Unsecured Lender to Recover Contractual Legal Fees in Bankruptcy Case,” SRZ Alert, March 21, 2007

“Court Denies Hedge Funds’ Motion To Seal Confidential Trading Information,” SRZ Alert, March 12, 2007

“Second Circuit Vacates Settlement Between Creditors’ Committee and Secured Lenders, Relying on Absolute Priority Rule,” SRZ Alert, March 7, 2007

“Bankruptcy Court Demolishes Baseless Lender Liability Complaint,” The Bankruptcy Strategist, February 2007

“Bankruptcy Court Allows Secured Lender To Credit Bid Despite Creditors’ Committee Suit,” SRZ Alert, Dec. 5, 2006

“Key Bankruptcy Appellate Rulings,” Eleventh Annual Bankruptcy Conference of the Central New York and Capital Region Bar Associations, 2006

“A Secured Creditor May Carve Out A Portion Of Its Collateral For The Exclusive Benefit Of Unsecured Creditors Without Violating The Absolute Priority Rule," SRZ Alert, July 17, 2006

“Debtors Cannot Assume or Assign Trademark License Without Licensor’s Consent,” The Bankruptcy Strategist, April 2006 (co-author)

“Second Lien Lenders Fend Off Attack on Credit Bid,” SRZ Alert, Jan. 25, 2006

“Chapter 11 Debtors Cannot Assume or Assign Trademark License Without Consent from Licensor,” Bankruptcy Court Decisions, Jan. 9, 2006; SRZ Alert, Jan. 9, 2006

“Third Circuit Cuts Substantive Consolidation Risk,” SRZ Alert, Aug. 19, 2005

“Second Circuit Upholds Senior Creditors’ Rights Despite X-Clause and Criticizes Third Party Insider Releases in Reorganization Plan,” SRZ Alert, Aug. 3, 2005

“Key Creditors’ Rights Decision,” The Bankruptcy Strategist, July 2005

“No Time for Bankruptcy Venue Hypocrisy,” The Bankruptcy Strategist, June 2005

“7th Circuit Confirms Clear Right of Aircraft Lenders/Lessors To Reclaim,” SRZ Alert, May 13, 2005

“2005 Bankruptcy Code Amendments: Quick Summary of Business Reorganization Changes,” SRZ Alert, April 21, 2005  

“Eighth Circuit Rules That Financial Advisor’s Success Fee Be Paid From Recovery Obtained By Its Constituency,” SRZ Alert, Feb. 28, 2005

“Tenth Circuit Allows Secured Creditor To Recover Converted Cash Collateral,” SRZ Alert, Jan. 7, 2005

“In re Combustion Engineering: 3d Circuit Vacates Reorganization Plan,” SRZ Alert, Dec. 3, 2004

“Repaid Lender Escapes Fraudulent Transfer Liability,” New York Law Journal, Nov. 22, 2004

“Landlords Succeed In Getting Tenants’ Bankruptcy Petitions Dismissed,” SRZ Alert, October 2004

“Fighting Cramdown: The Objecting Secured Creditor in Reorganization Plan Litigation,” SRZ Memorandum, August 2004

“Supreme Court Disappoints Secured Lenders: Till v. SCS Credit Corporation,” The Bankruptcy Strategist, July 2004; SRZ Alert, May 2004

“The ‘Doctrine of Necessity’: Missing Authority,” Parts 1 and 2, The Bankruptcy Strategist, April – May 2004

“Professional Fees: How To Get A Bankruptcy Judge’s Attention,” Law Journal Newsletters, February 2004

“Secured Lenders Have Standing To Pursue Preferences,” SRZ Alert, January 2004

“Oversecured Lender’s Legal Fees Held To Reasonableness Test,” SRZ Alert, November 2002

“Surcharging A Lender’s Collateral: An Empty Threat,” The Bankruptcy Strategist Law Journal Newsletters, October 2001

“Master Teacher Remembered,” 76 N.Y.U. L. Rev. 1300, November 2001

“The Judicially Created ‘Innocent Shareholder’ Defense to Constructive Fraudulent Transfer Liability in Failed Leveraged Buyouts,” South Carolina Law Review, 1992

Speaking Engagements

“The Automatic Stay” and “DIP Financing & The Trustee’s Avoiding Powers,” Practising Law Institute Bankruptcy & Reorganizations 2018: Current Developments, April 2018

“DIP Financing and Other Lending Issues; First Day Orders” and “The Automatic Stay and Avoiding Powers,” Practising Law Institute Bankruptcy & Reorganizations 2017: Current Developments, April 2017

“DIP Financing and Other Lending Issues; First Day Orders” and “The Automatic Stay and Avoiding Powers,” Practising Law Institute Bankruptcy & Reorganizations 2016: Current Developments, April 2016

“Current Topics Discussion: ‘Fee Shifting,’ ‘Equitable Mootness’ and ‘Preemption,’” American College of Bankruptcy Education Session, March 2016

“DIP Financing and Other Lending Issues” and “The Automatic Stay and Avoiding Powers,” Practising Law Institute Bankruptcy & Reorganizations 2015: Current Developments, April 2015

“Recent Developments: Leading Bankruptcy Opinions from 2014,” ABI Webinar, March 2015

“Application of the Delaware Business Judgment Case Law in Reorganization Cases,” American College of Bankruptcy Class 26 Induction Ceremony & Events, March 2015

“DIP Financing and Other Lending Issues; First Day Orders” and “The Automatic Stay and Avoiding Powers,” Practising Law Institute Bankruptcy & Reorganizations 2014: Current Developments, April 2014

“The 11th Circuit’s Tousa Opinion” and “Recent Developments in Chapter 11 Bankruptcy,” SBLI 40th Annual Seminar on Bankruptcy Law and Rules, March 2014

“When Is an Appeal from a Reorganization Plan Confirmation Order Equitably Moot?” “Should Lenders Be Required to Investigate the Source of a Borrower’s Loan Repayment?” and “Are ‘Rescue Loans’ Still Possible After the 11th Circuit’s 2012 Tousa Decision?” American College of Bankruptcy Class 25 Induction Ceremony and Events, March 2014

“DIP Financing and Other Lending Issues,” “The Automatic Stay and Avoiding Powers” and “Treatment of Claims: Allowance and Priority,” Practising Law Institute Bankruptcy & Reorganizations 2013: Current Developments, April 2013

“Circuit Split on Bankruptcy Judges' Power After Supreme Court Ruling,” “Limits on Corporate Directors' Indemnification in Reorganization Cases” and “Circuit Split on Standing of Post-Reorganization Trustees to Sue Third Parties,” American College of Bankruptcy Class 24 Induction Ceremony and Events, March 2013

“Evaluating Litigation for Purposes of Valuing Distressed Securities,” SRZ Distressed Investing Conference: Reflections on 2012 and the Road Ahead, December 2012

“The Automatic Stay and Avoiding Powers,” and “First Day Orders, DIP Operations and DIP Financing,” Practising Law Institute Bankruptcy & Reorganizations 2012: Current Developments, April 2012

American College of Bankruptcy Induction Ceremony, March 2012

“Chapter 7-Eleven: The Increasing Use of Asset Sales as a Means of Effectuating a Reorganization,” The 8th Annual Wharton Restructuring and Turnaround Conference, February 2012

“Preparing for Bankruptcy Risks and Industry Issues: Dealing with the Lender’s Potential Risks,” Practising Law Institute Recent Developments in Distressed Debt, Restructurings & Workouts, January 2012

“Overview of Recent Court Decisions — Enron,” Bloomberg Law CLE Bankruptcy Law Recent Developments — Section 546(e) Safe Harbor — Has the Second Circuit Taken Away a Bankruptcy’s Court Traditional Ability to Consider Substance Over Form? October 2011

“DIP Financing, Fraudulent Transfers and Preferences,” Practising Law Institute Bankruptcy & Reorganizations: Current Developments, April 2011

“Designation (Disqualification) of Creditors’ Votes on a Reorganization Plan” and “The ‘Gifting’ Doctrine in Reorganization Cases,” LSTA: DBSD vs. DISH: Designation and Gifting ... Did the Second Circuit Get It Right? March 2011

Moderator, “Trends in Bankruptcy Litigation,” ABI New York City Bankruptcy Conference, May 2010

“Ethical Obligations in Bankruptcy and the Role of the U.S. Trustee” and “Preferences and Fraudulent Transfers,” PLI: Nuts and Bolts of Corporate Bankruptcy, December 2009

“Liquidate and Litigate: The End of Reorganization?,” ABI's 11th Annual New York City Bankruptcy Conference, May 2009

“Reform of the Reform? What the New Congress and Administration Will Mean for Bankruptcy Law,” New York University School of Law, April 2009

“Asset Protection,” ABI 10th Annual New York City Bankruptcy Conference, May 2008

“Second Lien Financing” and “Fraudulent Transfers,” Southeast Bankruptcy Law Institute, April 2007

“The Latest Ethical Considerations for Your Bankruptcy Practice,” West Legal Ed Center Webcast, November 2006

Memberships

  • American College of Bankruptcy
    • Chair, 2014-2016
    • President, 2012-2014 
    • Chair, Board of Regents, 2010-2012
    • Chair, Pro Bono Committee, 2008-2010
  • Member, Columbia University Undergraduate Campaign Council
  • Trustee, Board Secretary and Executive Committee Member, The Forman School
  • Member, Bankruptcy Law Advisory Committee, Practising Law Institute
  • Chair, New York City Bankruptcy Assistance Project, 2005-2008
  • Chair, Creditors’ Rights Litigation Committee, American Bar Association
    • Section of Litigation, 1976–1981
  • Director, American College of Bankruptcy Foundation
  • Former Director and Vice President, Columbia College Alumni Association, 1995-2011
  • Chair and Director, Lawyers Alliance for New York, 1996-2003
  • Former Director, Goddard Riverside Community Center
  • Member, Lawyers Alliance for New York Board of Advisors
  • Fellow, American Bar Foundation
  • Fellow, New York Bar Foundation

Distinctions

  • Recipient, 2015 President’s Cup, Columbia College Alumni Association, for Distinguished Service
  • Honorary Hood Marshal, Columbia University Commencement Ceremony, 2015
  • Recipient, 2010 Lawrence P. King Award for Excellence in Bankruptcy, UJA Federation
  • Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms and Attorneys
  • The Best Lawyers in America
  • Chambers USA
  • Expert Guide to the World’s Leading Banking, Finance and Transactional Law
    • Lawyers (Restructuring and Insolvency)
  • The International Who’s Who of Business Lawyers
  • The International Who’s Who of Insolvency & Restructuring Lawyers
  • The K&A Restructuring Register
    • Peer group listing of the top 67 attorneys who practice in restructuring, reorganization, insolvency and bankruptcy
    • “America’s Top 100” Lawyers 
  • The Legal 500 US
  • PLC Cross-border Restructuring and Insolvency Handbook
  • Martindale-Hubbell Law Directory, AV rating
  • Martindale-Hubbell and American Lawyer Media
    • Top Rated Lawyer in Corporate Restructuring and Bankruptcy, 2013-2016
  • New York Super Lawyers
  • Who’s Who in American Law
  • Who’s Who Legal