Washington University School of Law, J.D., Law Review, 1980
University of Rochester
cum laude
New York
U.S. District Court, E.D. New YorkU.S. District Court, S.D. New York
Ongoing
Winstar Communications Trustee - Bankruptcy Appeal
Representation of the Trustee for Winstar Communications in an adversarial proceeding asserting claims of insider/voidable preference, equitable subordination and breach of contract, against Lucent Technologies. After winning at the bankruptcy court level following a one month trial and an initial appeal to the US District Court, we successfully argued to the US Third Circuit Court of Appeals in a case then valued at about $340 million. The Third Circuit affirmed the courts below and found that Lucent was an insider of Winstar. In so ruling, the court also upheld the Trustee's arguments regarding earmarking, new value, core versus non-core jurisdiction, right to jury trial and equitable subordination. The American Bankruptcy Institute Journal, in its April 2009 issue, featured the Third Circuit decision and wrote that the case “opens an entirely new and extensive arena in bankruptcy-preference litigation that may cause profound changes in both preference-risk assessments and creditor behavior.”
Winstar Communications Trustee - Bankruptcy Appeal
Representation of the Trustee for Winstar Communications in an adversarial proceeding asserting claims of insider/voidable preference, equitable subordination and breach of contract, against Lucent Technologies. After winning at the bankruptcy court level following a one month trial and an initial appeal to the US District Court, we successfully argued to the US Third Circuit Court of Appeals in a case then valued at about $340 million. The Third Circuit affirmed the courts below and found that Lucent was an insider of Winstar. In so ruling, the court also upheld the Trustee's arguments regarding earmarking, new value, core versus non-core jurisdiction, right to jury trial and equitable subordination. The American Bankruptcy Institute Journal, in its April 2009 issue, featured the Third Circuit decision and wrote that the case “opens an entirely new and extensive arena in bankruptcy-preference litigation that may cause profound changes in both preference-risk assessments and creditor behavior.”
Ongoing
Commercial Bank/Hedge Fund - Distressed Debt Litigation
Representation of a commercial bank/hedge fund in collecting multi-million dollar bank loans secured by interests in certain kosher dairy food producers and distributors. The principal has pledged his stock shares in the companies as additional collateral. We have obtained a judgment and a TRO for access to the debtors' assets and are pursuing litigation to unwind and recover fraudulent transfers of substantially all of the assets of the debtors and the principals. We are also pursuing relief against the principal, who recently filed for bankruptcy protection.
Commercial Bank/Hedge Fund - Distressed Debt Litigation
Representation of a commercial bank/hedge fund in collecting multi-million dollar bank loans secured by interests in certain kosher dairy food producers and distributors. The principal has pledged his stock shares in the companies as additional collateral. We have obtained a judgment and a TRO for access to the debtors' assets and are pursuing litigation to unwind and recover fraudulent transfers of substantially all of the assets of the debtors and the principals. We are also pursuing relief against the principal, who recently filed for bankruptcy protection.
2009
Commercial Bank - Sale of Loan Facility
Representation of a U.S. commercial bank in a workout of a multi-million dollar first lien revolving loan facility made to a leading maker of Lucite commemoratives. The workout culminated in a successful sale of the loan to the second lien lender.
Commercial Bank - Sale of Loan Facility
Representation of a U.S. commercial bank in a workout of a multi-million dollar first lien revolving loan facility made to a leading maker of Lucite commemoratives. The workout culminated in a successful sale of the loan to the second lien lender.
2009
Special Servicer - Dismissal of Debtor’s Bankruptcy
Representation of a special servicer in having a debtor’s bankruptcy dismissed, with prejudice, in a hotly contested cram-down confirmation proceeding.
Special Servicer - Dismissal of Debtor’s Bankruptcy
Representation of a special servicer in having a debtor’s bankruptcy dismissed, with prejudice, in a hotly contested cram-down confirmation proceeding.
2009
Fred Leighton - Jeweler to the Stars
Debtors' counsel for Fred Leighton LLC, famous “Jeweler to the Stars,” and related companies in their Chapter 11 bankruptcy cases. Fred Leighton’s collection is widely recognized as the world's most prestigious collection of rare and historic jewels.
Fred Leighton - Jeweler to the Stars
Debtors' counsel for Fred Leighton LLC, famous “Jeweler to the Stars,” and related companies in their Chapter 11 bankruptcy cases. Fred Leighton’s collection is widely recognized as the world's most prestigious collection of rare and historic jewels.
2009
Ultra Stores - Successful Chapter 11 Plan
Representation of Ultra Stores—a 200-store jewelry chain—in its recapitalization through an expedited Chapter 11 plan, guiding the company from filing to confirmation in less than four months. We negotiated first lien emergence financing with an institutional lender and a debt-for-equity swap with the second lien lender and the trade creditors. At the same time, management was able to retain 26% ownership in the company.
Ultra Stores - Successful Chapter 11 Plan
Representation of Ultra Stores—a 200-store jewelry chain—in its recapitalization through an expedited Chapter 11 plan, guiding the company from filing to confirmation in less than four months. We negotiated first lien emergence financing with an institutional lender and a debt-for-equity swap with the second lien lender and the trade creditors. At the same time, management was able to retain 26% ownership in the company.
2008
Venture Capital Firm - DIP Financing
Representation of a mid-sized venture capital firm in connection with a secured credit facility to a debtor-in-possession in a Chapter 11 bankruptcy case in the United States Bankruptcy Court for the District of Delaware. The debtor/borrower is one of our client's portfolio companies involved in the healthcare sector. In addition to being the DIP lender, our client is also a pre-petition lender to, and holds a majority equity interest in, the debtor.
Venture Capital Firm - DIP Financing
Representation of a mid-sized venture capital firm in connection with a secured credit facility to a debtor-in-possession in a Chapter 11 bankruptcy case in the United States Bankruptcy Court for the District of Delaware. The debtor/borrower is one of our client's portfolio companies involved in the healthcare sector. In addition to being the DIP lender, our client is also a pre-petition lender to, and holds a majority equity interest in, the debtor.
2007
Money Center Bank - Mortgage Sale
Representation of a money center bank in the sale of a mortgage loan made to a not-for-profit private community hospital.
Money Center Bank - Mortgage Sale
Representation of a money center bank in the sale of a mortgage loan made to a not-for-profit private community hospital.
2007
Foreign Lender - Loan Restructuring
Representation of a foreign lender in the restructuring of a $150 million mezzanine loan to an investment fund, including re-capitalization of certain fund platforms and the sale of certain fund assets.
Foreign Lender - Loan Restructuring
Representation of a foreign lender in the restructuring of a $150 million mezzanine loan to an investment fund, including re-capitalization of certain fund platforms and the sale of certain fund assets.
2006
Major Comic Book Company - Library Acquisition
Representation of the purchaser of a significant comic book library from a prominent video game company's Chapter 7 Bankruptcy Trustee.
Major Comic Book Company - Library Acquisition
Representation of the purchaser of a significant comic book library from a prominent video game company's Chapter 7 Bankruptcy Trustee.
2005
Winstar Communications Trustee - Bankruptcy
Representation of the Trustee for Winstar Communications in its bankruptcy case against Lucent Technologies. Following a three month bench trial, the Delaware Bankruptcy Court awarded the Trustee judgment on its bankruptcy and breach of contract claims against Lucent, finding Lucent to be an insider of Winstar. The Court also found that a $188 million payment made four months before Winstar's bankruptcy was held to be a voidable preference to be repaid by Lucent to Winstar.
Representation of the Trustee for Winstar Communications in its bankruptcy case against Lucent Technologies. Following a three month bench trial, the Delaware Bankruptcy Court awarded the Trustee judgment on its bankruptcy and breach of contract claims against Lucent, finding Lucent to be an insider of Winstar. The Court also found that a $188 million payment made four months before Winstar's bankruptcy was held to be a voidable preference to be repaid by Lucent to Winstar.
1998
Real Estate Purchaser - Appeal in Recharacterization Dispute
Representation of a sale-leaseback purchaser of real estate in a dispute over the bankrupt seller's attempt to recharacterize the transaction as a disguised financing. In re Uni-Rty, 1998 WL 299941 (S.D.N.Y. 1998).
Real Estate Purchaser - Appeal in Recharacterization Dispute
Representation of a sale-leaseback purchaser of real estate in a dispute over the bankrupt seller's attempt to recharacterize the transaction as a disguised financing. In re Uni-Rty, 1998 WL 299941 (S.D.N.Y. 1998).
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