Cases
Representative Matters: Bankruptcy
In re Compania Mexicana de Aviacion, S.A. de C.V. - Counsel to foreign representative
debtor in chapter 15 proceedings of Mexicana Airlines related to its Mexico-based Concurso Proceedings.
In re DPH Holdings Corp. - Counsel to insurers in litigation (in federal
state courts) with State agencies involved in administration of workers' compensation program.
In re Pleasant Hills Associates, L.P. - Counsel to debtor/shopping center operator in chapter 11 bankruptcy case, including sale of real estate
substantially all assets.
In re New York City Off Track Betting Corp.
In re Suffolk Regional Off Track Betting Corp. - Counsel to party in interest in chapter 9 bankruptcy proceedings.
In re Queens Mews South, L.P. et al., Debtors, Case Nos. 11-50192
11-50194 (Bankr. E.D.N.Y.) - Represented secured lender in single asset interstate cases.
In re New York Skyline, Inc. - Counsel to commercial l
lord in chapter 11 cases of tenant
related litigation.
In re Chemtura Corp. - Represented debtors as conflicts counsel in various matters, including transactional matters
litigation relating to chemical processing site.
In re Fortunoff Holdings, LLC - Represent trade creditor
supplier of goods.
In re EOS Airlines, Inc. - Represented foreign airline as aircraft sublessor to debtor in chapter 11 proceedings.
In re EBW Laser, Inc. - Represent largest creditor in chapter 11 cases
related litigation.
In re Integrated Systems & Power, Inc. - Represented trade creditor in chapter 11 cases
related litigation requiring defense of numerous tort
tortious interference/lender liability-type claims.
Appellate
Wellness Int?l Network, Ltd., v. Sharif, Case No. 13-935 (pending). Co-counsel to National Association of Bankruptcy Trustees as amicus curiae in case addressing constitutional limitations on the use of the judicial power of the United States by Article I bankruptcy courts.
Law v. Siegel, 134 S. Ct. 1188 (2014). Co-counsel to National Association of Bankruptcy Trustees as amicus curiae in case addressing the power of bankruptcy courts to remedy abuse of the bankruptcy code
process.
Stern v. Marshall, 131 S. Ct. 2594 (2011). Counsel of record to a group of law professors as amici curiae in case addressing bankruptcy jurisdiction
limits on the delegation of the judicial power of the United States to Article I courts
tribunals.
Schwab v. Reilly, 130 S. Ct. 2652 (2010). Counsel of record to National Association of Consumer Bankruptcy Attorneys
several law professors in amicus briefing to Supreme Court of the United States in case addressing requirements for the assertion of bankruptcy exemptions
the timeframes
procedures for objections to claims of exemption.
ACE Ins. Co., et al., v. State of Mich. W. Comp. Ins. Agency, et al., Case No. 10-4170 (2d. Circuit 2011). Counsel to insurers in dispute with Michigan State agencies regarding workers' compensation program.
Executive Benefits Ins. Agency v. Arikson, Case No. 11-35162 (9th Circuit 2012). Counsel to Amicus Curiae in case involving bankruptcy jurisdiction
procedure.
Marrama v. Citizens Bank of Massachusetts (In re Marrama), 127 S. Ct. 1105 (2007). Team representing respondent in case addressing whether chapter 7 debtor has absolute statutory right to convert chapter 7 case to chapter 13 when fraudulent conduct, including dissipation
diversion of estate assets, is demonstrated.
District of Columbia v. Heller, 128 S. Ct. 2783 (2008). Co-counsel to amici curiae in case addressing whether
the extent to which the Second Amendment to the U.S. Constitution provides an individual, private right to possess h
guns.
Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric (In re Pacific Gas & Electr.), 127. S. Ct. 1199 (2007). Team representing respondent in case addressing the recovery of fees in bankruptcy cases pursuant to state-law rights arising out of contract.
Marshall v. Marshall (In re Vicki Lynn Marshall), 126 S. Ct. 1735 (2006). Team representing respondent in case addressing the intersection of federal bankruptcy jurisdiction
the probate exception to federal jurisdiction.
Howard Delivery Service, Inc. v. Zurich Am. Ins. Co. (In re Howard Delivery Service, Inc.), 126 S. Ct. 1105 (2006). Team representing amici industry association in case addressing priority in payment provisions of the bankruptcy code.
In re Iridium Operating LLC, 478 F.3d 452 (2d Cir. 2007). Team representing creditor
settlement counterparty in case addressing the st
ards to be met for bankruptcy court approval of settlements.
GAF Holdings v. Pegasus Capital Partners II, 567 F.3d 1010 (8th Cir. 2009). Team representing purchaser in post-sale litigation
appeal in case addressing bankruptcy jurisdiction matters.
Advanced Telecomm. Network v. Allen (In re Advanced Telecomm. Network), 490 F.3d 1325 (11th Cir. 2007). Team representing debtor in appeal addressing fraudulent transfer action
st
ards to be met in prosecuting same.
