Practice Expertise
Areas of Practice
- Bankruptcy, Restructuring and Creditors’ ...
- Retail and Consumer Products Litigation
Profile
Rich’s practice focuses on the representation of corporate debtors, institutional lenders, secured and unsecured creditors, indenture trustees, creditors’ committees, and acquirers of assets in Chapter 11 bankruptcies.
In addition to his restructuring and bankruptcy related work, he has extensive commercial litigation experience on behalf of commercial finance companies, factors, and other financial institutions.
Rich is admitted in the federal courts in the Southern District of New York, the Eastern District of New York and the District of New Jersey. He is also admitted to practice before the United States Court of Appeals for the Second and Third Circuits and the United States Supreme Court. Prior to entering private practice, Rich served as a law clerk to the Honorable Donald H. Steckroth, United States Bankruptcy Court, District of New Jersey, and to the Honorable Neil H. Shuster, Presiding Judge of the New Jersey Superior Court.
Relevant Experience
- Represented the Official Committee of Unsecured Creditors of Simplexity, LLC in the District of Delaware.
- Represented agent, on behalf of secured lender group, in In re Jevic Holding Corp. in the District of Delaware.
- Represented Syncora Guarantee, Inc. in connection with its acquisition of American Roads LLC and its subsidiaries in prepackaged chapter 11 cases in the Southern District of New York.
- Serves as national counsel for large medical device manufacturer in hospital and other health care bankruptcy proceedings throughout the country.
- Represented secured lender in In re Eagle Recycling Systems, Inc. in the District of New Jersey.
- Represented secured lender in In re USA United Fleet, Inc. and its affiliates in the Eastern District of New York.
- Actively participates in representing pro bono clients every year, including recent engagements representing members of the United States Armed Forces.
- Lead trial counsel to commercial finance company in multi-million dollar breach of contract action tried in the US District Court for the Southern District of New York.
- Lead counsel for chapter 11 debtors Ciena Capital, LLC and affiliates in contested claims litigation resulting in expungement of $10 million bankruptcy proof of claim.
- Counsel to official committee of unsecured creditors in chapter 11 bankruptcy case of a real estate developer in the District of New Jersey.
- Member of restructuring team representing chapter 11 debtors Credit-Based Asset Servicing and Securitization, LLC, Ciena Capital, LLC and Luminent Mortgage Capital, Inc.
- Represented DIP lender in chapter 11 case of Fieldstone Mortgage Company in the District of Maryland.
- Represented large insurance company in several mortgage-related bankruptcy cases in the District of Delaware.
- Represented former case administrative agent in connection with $425 million fraudulent transfer litigation in Tousa bankruptcy pending in the Southern District of Florida.
- Represented commercial finance company in restructuring of $27 million leveraged lease in chapter 11 case of Tower Automotive, Inc.
- Represented secured creditor in out-of-court workout and related litigation involving New York-based heavy equipment company.
- Significant experience dealing with fraudulent conveyance and preferential transfer litigation.
Reported Decisions
- In re Jevic Holding Corp., __ F.3d __, 2015 WL __ (3d Cir. May 21, 2015)(represented Agent on behalf of secured lending group as appellees in securing affirmance of multi-party settlement and structured dismissal of chapter 11 cases).
- Securities Investor Protection Corporation v. Bernard L. Madoff Investment (In re Bernard L. Madoff), 522 B.R. 41 (Bankr. S.D.N.Y. 2014).
- In re Credit-Based Asset Servicing and Securitization LLC, No. 10-16040, 2014 WL 7177629 (Bankr. S.D.N.Y. Dec. 9, 2014).
- In re Coudert Brothers LLP Law Firm Adversary Proceedings, 447 B.R. 706 (S.D.N.Y. 2011).
- Amcor, Inc. v. The CIT Group/Commercial Services, Inc., No. 08 Civ. 4508(BSJ)(HBP), (S.D.N.Y. 2011).
- In re Fieldstone Mortgage Co., 427 B.R. 357 (Bankr. D.Md. 2010).
- In re Ciena Capital LLC, 440 B.R. 47 (S.D.N.Y. 2010).
- In re Ciena Capital LLC, No. 08–13783, 2010 WL 3156538 (Bankr. S.D.N.Y. Aug. 10, 2010).
- In re Cantwell, 336 B.R. 688 (Bankr. D.N.J. 2006).
- In re G-I Holdings, Inc., 327 B.R. 730 (Bankr. D.N.J. 2005).
- In re Fitzsimmons, No. 07–70194, 2009 WL 3030139 (Bankr. E.D.N.Y. Sept. 16, 2009).
Bar Admissions
Education
JD, Rutgers University School of Law, 1999BS, The College of New Jersey, cum laude, 1996
Areas of Practice
- Bankruptcy, Restructuring and Creditors’ Rights
- Retail and Consumer Products Litigation
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