Sample Representations

Matter Court Description
COMMERCIAL & BANKRUPTCY LITIGATION
Wolf Camera United States Bankruptcy Court N.D. GA.; United States Dist. Ct., N.D. GA. and W.D. N.Y. ; United States Court of Appeals 11th Cir.; U.S. Supreme Court Trial Counsel for Wachovia Bank as pre-petition lender, DIP lender and defendant in a $30 million lender liability action arising from the Wolf Camera bankruptcy case. Reported at In re Atlanta Retail, Inc. et al., 456 F.3d 1277(11th Cir. 2006), 2005 U.S: Dist. Lexis 42970 (N.D. Ga. 2005), 297 B.R. 299 (Bankr. N.D. Ga. 2003); and a petition for a writ of certiorari to the United States Supreme Court.
Oneida Bankruptcy United States
Bankruptcy Court,
S.D.N.Y.
Trial counsel for JPMorgan as Agent for senior secured lenders, which held claims in excess of $300 million, in connection with a contested confirmation hearing involving a valuation dispute and claims of deepening insolvency and lender liability. Reported at In re Oneida, 351 B.R. 79 (Bankr. S.D.N.Y. 2006)
Navigator Gas Transport PLC United States
Bankruptcy Court,
S.D.N.Y.
Represented foreign national in multimillion dollar dispute over treatment of claim pursuant to a confirmed plan and successfully overturned injunction permitting distribution to client.
RCN Litigation United States
Bankruptcy Court,
S.D.N.Y.,
Arbitration, Paris
France
Represented Megacable, the largest Mexican cable company and its shareholders, in bankruptcy and international arbitration proceedings in connection with multimillion dollar transaction to acquire an affiliate of RCN.
Global Crossing Estate
Bankruptcy
United States
Bankruptcy Court,
S.D.N.Y.
Represented Jefferies & Co in defense of a preference action, involving complex procedural rules under Fed. R. Civ. P. 15 and the right to amend a complaint to add parties after the statute of limitations expired.
New York Stock Exchange
Investigation of Richard Grasso
N.Y. State Supreme
Court
Represent former executive assistant to Richard Grasso in connection with the investigations by various government agencies.
Calpine Generating United States
Bankruptcy Court,
S.D.N.Y.
Represented Diamond Generating in connection with a motion to allow the timely filing of a claim following the bar date.
Northwest Airlines United States
Bankruptcy Court,
S.D.N.Y.
Represented American Airlines concerning environmental claims.
American Plumbing & Mechanical
Bankruptcy
United States
Bankruptcy Court,
San Antonio, TX.
Represented Wells Fargo as agent for a senior secured bank group. Negotiated restructured credit facility and plan of reorganization and litigated various contested matters in the bankruptcy court
Theatre Row Associates
Bankruptcy
United States
Bankruptcy Court,
S.D.N.Y.
Represented the Ford Foundation as creditor in connection with funding the redevelopment of the Times Square Area and regularly provide advice to the Foundation on various business matters
AHERF Bankruptcy Litigation United States
Bankruptcy Court and
District Courts, Pittsburgh, PA.
Trial attorney for Mellon Bank as creditor and a defendant in a preference action and $100 million lender liability litigation. 
Heartland Bankruptcy Cases United States
Bankruptcy Court,
S.D.N.Y.
Defended Bank of New York against preference claims arising from NYSE day trading operations.
Ogden/Covanta Bankruptcy. United States
Bankruptcy Court,
S.D.N.Y.
Represented Aramark in connection with asset purchase agreements and indemnity claims. Successfully negotiated a resolution of claims.
In re Mary Jane Rundlett United States
Bankruptcy and
District Courts,
S.D.N.Y.
Represented Creditors Committee and Chapter 7 Trustee in bankruptcy involving fraud and claims of exemption relating to life insurance proceeds. 136 B.R. 376; 137 B.R. 144;142 B.R 649; 149 B.R. 353 (Bankr. S.D.N.Y.) and 153 B.R. 126 (S.D.N.Y.)  
Sharma v. Chemical Bank United States District
Court, S.D.N.Y.;
United States Court
of Appeals 2d Cir.
Represented Chemical Bank in $100 million lender liability action. Reported decision at 699 F.Supp. 440 and 723 F.Supp 200 (S.D.N.Y.); 916 F.2d 820 (2d Cir.) and 499 U.S. 907 (S.Ct.)
In re Dominion Financial United States
Bankruptcy Court,
S.D.N.Y.,
Represented official committee of unsecured creditors in real estate based lending case.
DIP FINANCING & SECURED LENDER MATTERS
United Air Lines Bankruptcy Cases United States
Bankruptcy Court,
Chicago, Ill.
Represented JPMorgan and Citi Bank as DIP Lenders and Agents in connection with a $2 billion Dip facility and $3 billion exit facility
Tower Bankruptcy Cases United States
Bankruptcy Court,
S.D.N.Y.
Represented JPMorgan as DIP Lender and Agent in connection with a $725 million facility, including a $300 million roll up.
American Business Financial Corp Bankruptcy United States
Bankruptcy Court,
Delaware
Represented Wachovia Bank N.A. as a creditor and as a potential DIP lender in a complex sub prime mortgage lending operation.
American Commercial Lines Bankruptcy United States
Bankruptcy Court, IN.
Represented JPMorgan, as pre petition agent for secured lenders and post petition DIP Lender and Agent in connection with $400 million pre-petition secured claims and $75 million DIP Loan. Trial counsel and negotiated plan of reorganization and exit facility provided by JPMorgan, and the refinancing of the exit facility.
Galey & Lord Bankruptcy United States
Bankruptcy Court,
S.D.N.Y.
Represented First Union National Bank as DIP Lender and Agent in connection with a $100 million facility involving a roll up.
Guilford Mills Bankruptcy United States
Bankruptcy Court,
S.D.N.Y.
Represented First Union National Bank as DIP Lender and Agent in connection with a $30 million facility.
Kasper Bankruptcy United States
Bankruptcy Court,
S.D.N.Y.
Represented JPMorgan as DIP Lender and Agent in connection with a $130 million facility, including a roll up.
Kmart Bankruptcy United States
Bankruptcy Court
Chicago, Ill.
Represented JPMorgan as DIP Lender and Agent in connection with a $2 billion facility.
Polymer Bankruptcy Cases United States
Bankruptcy Court,
S.C.
Represented JPMorgan as DIP Lender and Agent in connection with a $125 million facility.
Sleepmaster Bankruptcy Cases United States
Bankruptcy Court,
Del.
Represented JPMorgan as DIP Lender and Agent in connection with a $151 million facility, including a roll up.
World Kitchen Bankruptcy Cases United States
Bankruptcy Court
Chicago, Ill.
Represented JPMorgan as DIP Lender and Agent in connection with a $75 million facility.
Burlington Industries Bankruptcy United States
Bankruptcy Court,
Del.
Represented JPMorgan as DIP Lender and Agent in connection with a $200 million facility.
Polaroid Bankruptcy United States
Bankruptcy Court,
Del.
Represented JPMorgan as DIP Lender and Agent for a $50 million facility.
INSOLVENCY/ BANKRUPTCY RELATED ADVICE
Integrated Payment Systems Out of Court Advice to Citibank in connection with conduct of multi billion dollar money order business.
DEBTOR RELATED MATTERS
American Cellular Corp. New York Represented American Cellular in preparation for chapter 11 filing as an alternative to negotiating a $1 billion out of court restructuring.
PhotoCircuits Corp United States
Bankruptcy Court,
E.D.N.Y.
Special counsel to debtors, responsible for coordinating bankruptcy issues related to environmental and corporate matters.
Century/ML Cable Venture United States
Bankruptcy Court,
S.D.N.Y.
Represented Century/ML Cable Venture in administering its chapter 11 case and the sale of substantially all of its assets.
One Price Stores, Inc. United States
Bankruptcy Court,
S.D.N.Y.
Represented One Price Stores in administering its chapter 11 case and the sale of substantially all of its assets, including 230 retail leases via bankruptcy auction.
SIGNIFICANT COMMERCIAL TRANSACTIONS
Kitson & Partners Representation of purchaser in $390 million purchase and partial resale of 90,000 acres of land to State of Florida Department of Environmental Protection, creating the single largest contiguous parcel of conservation land in state history.
Peninsula Edison Plaza, LLC Representation of developer in construction loan for multi-million dollar urban renewal project.
ADDITIONAL REPRESENTATIVE COMMERCIAL CLIENTS

Commerce Bank, N.A.
Wachovia Bank, N.A.
J.P. Morgan Chase, N.A.
GE Capital Corp.
Great Florida Bank
Emigrant Bank  
Del Monte Fresh Produce NA, Inc

American Power Sports, Inc.
Pioneer Metals, Inc.  
Nationwide Theatres West Flagler, LLC  
 
Fisher Island Condominium Association
Aramark Corporation  
Pearson Education
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