Bankruptcy and Corporate Restructuring

Protecting Our Clients' Interests

Bankruptcies and restructurings are among the most challenging problems faced by businesses. We are committed to vigorously protecting our clients’ interests in bankruptcy proceedings and out-of-court workouts and to achieving the best possible outcomes.

The firm’s Bankruptcy and Corporate Restructuring Group is thoroughly experienced in representing debtors and debtors-in-possession, asset purchasers, and secured and unsecured creditors. Our clients include a wide range of public and private middle-market companies as well as creditors’ committees. In addition, we represent many real estate owners in connection with loan restructuring and counsel individual clients with respect to complex individual debt restructuring.

We work closely with the firm’s Litigation, Corporate and Securities, and Real Estate Practice Groups to find efficient solutions in difficult business environments.  Our attorneys have appeared in the bankruptcy courts of the Southern and Eastern Districts of New York and also in other courts around the country.

Our practice encompasses:

  • Chapter 11 and Chapter 7 bankruptcy proceedings
  • Business reorganization
  • Financial restructuring
  • Strategies for dealing with financially-troubled entities
  • Buying and selling troubled entities in Chapter 11 and outside of bankruptcy
  • Out-of-court debt composition and settlements
  • Complex individual debt restructuring
  • Advising clients on preference, fraudulent conveyances, lender liability, equitable subordination, and the assumption or rejection of leases and executory contracts.
Name Title Direct Dial Vcard
Brenner, Daniel Associate* Associate* 212.216.8091 VCard
Brownstein, Michael Z. Counsel Counsel 212.216.8036 VCard
Cavaliere, Rocco A. Partner Partner 212.216.1141 VCard
Dineen, Suzanne Paralegal Paralegal 212.216.1191 VCard
Lydell, Sherri D. Partner Partner 212.216.1151 VCard
Makower, Jill Counsel Counsel 212.216.1179 VCard
Markowitz, Scott S. Partner and Co-Chair of Bankruptcy and Corporate Restructuring Practice Partner and Co-Chair of Bankruptcy and Corporate Restructuring Practice 212.216.8005 VCard
Piazza, Deborah J. Partner Partner 212.216.1140 VCard
Seitllari, Jonilda Paralegal, CFE Paralegal, CFE 212.216.8028 VCard
Spizz, Alex Partner and Co-Chair of Bankruptcy and Corporate Restructuring Practice Partner and Co-Chair of Bankruptcy and Corporate Restructuring Practice 212.216.1155 VCard
Tiktin, Alexander Associate Associate 212.216.8099 VCard
Wander, David H. Partner Partner 212.216.8081 VCard
Wolf, Robert A. Partner Partner 212.216.1159 VCard
  • Our Top 10 Legal Alerts from 2020
    December 21, 2020

    As we start a new year, we would like to share with you some of our most popular legal alerts from 2020. Our top alerts range from bankruptcy, construction, COVID-19, labor & employment, immigration, trusts & estates, corporate & securities, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been helpful to you and your colleagues, and demonstrate our commitment to providing important information to you.

  • New York Replaces its Fraudulent Conveyance Law with the Uniform Voidable Transactions Act
    April 17, 2020

    Understandably lost in the shuffle amidst the myriad of new laws and regulations resulting from the COVID-19 pandemic is New York's new Uniform Voidable Transactions Act (UVTA). Signed by Governor Andrew Cuomo on December 6, 2019, the UVTA became effective on April 4, 2020, and governs fraudulent transfers made on or after that effective date.

  • CARES Act Increases Eligibility Threshold For Small Businesses To File Under New Subchapter 5 Of The Bankruptcy Code
    March 31, 2020

    On August 23, 2019, the Small Business Reorganization Act of 2019 was signed into law, creating a new Subchapter 5 of the United States Bankruptcy Code. The new law, which went into effect on February 19, 2020, is designed to streamline and expedite the debt restructuring process for small businesses which affirmatively elect to file bankruptcy under Subchapter 5.

  • Scott Markowitz Publishes New York Law Journal Article on The Bankruptcy Times They Are Changing: Real Estate Developers Beware
    June 10, 2019

    Bankruptcy and Corporate Restructuring co-chair Scott Markowitz wrote a New York Law Journal article, “The Bankruptcy Times They Are Changing: Real Estate Developers Beware,” which appeared in the publication’s special report on Corporate Restructuring and Bankruptcy. The article explores some of the significant trends Scott has seen over the last 30 years that he has been representing middle-market debtors in Chapter 11 cases in New York City with respect to what the Bankruptcy Code denominates as “single asset real estate” cases.

  • Mission Accomplished: U.S. Supreme Court Favors Protection of Trademark Licensee After Bankruptcy Court Rejection of Trademark License
    May 30, 2019

    On May 20, 2019, the U.S. Supreme Court issued a long-awaited and important decision in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. __ (2019) (the Supreme Court decision), resolving a split amongst various Circuit courts concerning the impact of rejection of trademark licenses by debtor-licensors in a bankruptcy case.

  • U.S. Supreme Court Currently Considering Impact of Rejection of Trademark Licenses in Bankruptcy Cases
    March 15, 2019

    In 2018, the First Circuit in Mission Product Holdings, Inc. v. Tempnology, LLC, 879 F.3d 389 (1st Cir. 2018) (the Tempnology Decision) decided that trademark licensees lost their rights under a trademark license when the chapter 11 debtor-licensor rejected the trademark license between the parties. This decision by the First Circuit conflicted with another circuit court decision from the Seventh Circuit, leading the U.S. Supreme Court to resolve the conflict amongst the circuits regarding the rights of a licensee in a trademark that is rejected by a debtor-licensor in a bankruptcy case.

  • Defeating Settling Party’s Effort to Use Preference Law to Void a Bankruptcy Court Settlement
    June 18, 2018

    Tarter Krinsky & Drogin’s Bankruptcy & Corporate Restructuring Group recently completed its successful representation on behalf of The Brown Publishing Company Liquidating Trust, which was created several years ago in connection with the confirmed bankruptcy plan of The Brown Publishing Company and its affiliated debtors in the Bankruptcy Court for the Eastern District of New York (E.D.N.Y.).

  • Effect of Fisker Automotive Case on Credit Bidding
    August 9, 2015

    One of the most controversial bankruptcy court cases of the past year was Fisker Automotive Holdings, Inc. ("Fisker") decided in Delaware. Many investors have feared the Fisker decision would forever change the market for the strategic acquisition of secured debt. However, Fisker should only be read in the context of the particular facts and circumstances of that case.

  • When Purchasing Distressed Assets, Protect Yourself Against Possible Fraudulent Transfer Litigation
    April 25, 2015

    This article addresses the two types of fraudulent transfers - actual fraud and constructive fraud and provides guidance on how best to protect yourself against the risk of possible fraudulent transfer litigation.

  • Stalking Horse Bidder – To Be or Not To Be
    March 17, 2015

    As most investors know, you can obtain a great deal purchasing assets out of a bankruptcy estate. But do you want to be the first interested party to negotiate and enter into a purchase agreement? Do you want to be the party that conducts all of the due diligence and sets the minimum purchase price?

  • Buyer Beware! The Battle Between Sections 363(f) and 365(h) of the Bankruptcy Code
    March 2, 2015

    This article addresses issues to consider when purchasing real estate assets in bankruptcy including other parties with rights to the property, which leases or other interests may exist, and the intentions of current tenants and other parties in interest.

  • Hot Topics in Bankruptcy
    August 15, 2012

    Bankruptcy can be an important financial tool. Through the Chapter 11 process, bankruptcy can allow a company to restructure its debt and become a more efficient and profitable business, without the threat of looming creditors. There are many benefits to a Chapter 11 proceeding. For example a corporation’s existing management can stay in control of the business as a Debtor in Possession (DIP) as long as it continues to exercise reasonable business judgment and does not act in an incompetent or fraudulent manner.

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