David has substantial experience in a broad range of business bankruptcy, insolvency, and litigation matters, with a focus on advising lenders on minimizing risks across loan portfolios, as well as exercising and preserving lenders’ rights in connection with defaulted loans and anticipated defaults.
Experience
Representative matters
Representative matters
Acted as special litigation counsel $2 billion coal-fired power plant chapter 11 debtor in contentious litigation with EPC contractors.
Advised lenders to the stalking horse bidder in auction of debtors’ mortgage loan servicing platform, in the bankruptcy case of In re Residential Capital, LLC (Bankr. S.D.N.Y.) and its related debtors, which sold at competitive auction for approximately $3 billion.
Represent a bank in connection with pervasive defaults across an approximately $1B portfolio of loans to the taxi industry including risk-mitigation strategy, workouts and loan modifications, enforcement litigation, UCC Article 9 sales, borrower bankruptcies, and the eventual sale of the substantial majority of the portfolio.
Acted as special litigation counsel $2 billion coal-fired power plant chapter 11 debtor in contentious litigation with EPC contractors.
Advised lenders to the stalking horse bidder in auction of debtors’ mortgage loan servicing platform, in the bankruptcy case of In re Residential Capital, LLC (Bankr. S.D.N.Y.) and its related debtors, which sold at competitive auction for approximately $3 billion.
Represent a bank in connection with pervasive defaults across an approximately $1B portfolio of loans to the taxi industry including risk-mitigation strategy, workouts and loan modifications, enforcement litigation, UCC Article 9 sales, borrower bankruptcies, and the eventual sale of the substantial majority of the portfolio.
Represent a bank in connection with state and federal investigations into commercial lending practices.
Represent a commercial mortgage lender in connection with the bankruptcy filing of the borrower’s lessor, a major hospital system in Philadelphia.
Represent an international bank as one of the largest creditors of a large trucking company that filed for chapter 11 bankruptcy in New Jersey.
Represent the servicer of a large pool of distressed commercial loans in connection with generation of standardized servicing, modification, and workout documents and enforcement litigation.
Represented Swiss private bank in several lawsuits brought by the liquidator of the largest feeder funds to Bernard L. Madoff Investment Securities and the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities to recover redemption payments allegedly paid to the bank as nominee on behalf of its customers.
Represented consortium of funds as bidder on a portfolio of whole loans and HELOCs in the bankruptcy case of In re Residential Capital, LLC (Bankr. S.D.N.Y.) and its related debtors, which ultimately sold at auction for approximately $1.5 billion.
Represented foreign representatives in several chapter 15 recognition proceedings commenced in New York.
Successfully defended the officers, directors, and majority shareholder of a bankruptcy cotton merchant in a bankruptcy adversary proceeding brought in South Carolina by creditors which culminated in a two-week bench trial.
Credentials
Education
Education
- Seton Hall University, 2009, cum laude; Order of the Coif
- Rutgers University, 2002, B.A.
Professional admissions & qualifications
Professional admissions & qualifications
- New Jersey
- New York
Court admissions
Court admissions
- U.S. District Court - District of New Jersey
- U.S. District Court - Southern District of New York
- U.S. District Court - Eastern District of New York
Clerkships
Clerkships
- U.S. Bankruptcy Court - District of New Jersey, Honorable Donald H. Steckroth