Cases and Representative Matters

Bodner v Banque Paribas and Benisti v. Bank Paribas.  (EDNY – ‘96) lead counsel representing WWII hidden children of France against US and non US Banks which operated in Vichy France including Morgan Stanley, Chase, Bankers Trust, Societe General and Banque Paribas. Settled by treaty between US & France for value estimated at $300 million 95-’03, 114 F. Supp 117 (EDNY 2000).

Beller & Keller v. Kindor.  (SDNY) judgment for fees upheld on successive motions to vacate for lack of jurisdiction 120 F. 3d 21 (2d Cir 1997).

Sarin v. Ochsner. (Sup. Ct. NY Co. ‘99). NY enforcement of Mass. judgment, proceeding by attachment ‘99 -’04.

Kanat v. Ochsner.  (Sup. Ct. NY Co. ‘01) prosecution of security fraud case against general partners resulting in judgment for liability based upon the affirmative use of collateral estoppel; aff’d on appeal 301 AD2d 456,755 NYS 371 (1st Dep’t 2003). (‘00’-06).

Elghanian v. Elghanian.  (Sup Ct. NY Co.). successfully voided note and defeated accounting claim in family dispute. aff’d, 277 AD 2d 162; 717 NYS2d 54 (1st Dept. ‘00) app. den. NY2d (‘00).

Re Oscar Geltman.  As Executor defeat will challenge on summary judgment. NYS2d – Surr. Ct. NY Co. (‘01-’04).

Re Beker Industries Corp. (NYSE) and affiliates (Bankr. SDNY) phosphate mines and lands, i.e., Florida and NY realty.  As chapter 11 Trustee, in six months cosponsored and consummated a plan of reorganization distributing $116 million in cash and securities (prior to appointment, case had languished for three years). (4/88 - 11/88).

Re Manville Corporation. (Bankr. SDNY) Represented Unofficial Preferred Shareholders’ Committee through a consummated plan of reorganization. The value of the preferred increased 500% or $92 million in value during service. The Court found “substantial contribution” and ordered Debtor to pay legal fees. (‘86 – ‘89).

Re Wilson Foods Corporation. (Bankr. OK) Confronted with a solvent ($60 million net worth) “Fortune 200” company running losses at $1 million per week, in part, due to adverse labor contracts, filed for bankruptcy reorganization, unilaterally rejected labor contracts and instituted action to approve rejection. With the leverage of the filing, renegotiated the wage and benefit package saving 40% or more than $50 million per year. Within a year, plan confirmed and consummated. (4/83 - 3/84).

Re Golden Distributors. (Bankr. SDNY ‘92 – ‘95) Chapter 11 liquidation of $100 million of food and cigarette assets.  Series of published adversary proceedings.

Re Wickes Companies, Inc.  (Bankr. CD Cal) After action for appointment of an additional committee, appointed special counsel to Official Creditors’ Committee representing $40 million issue of 10% senior Subordinated Gamble-Skogmo Debentures. Settlement of 84% of face value of issue. (1/83 - ‘85).

Re Saxon Industries, Inc. (Bankr. SDNY) After litigation, appointed counsel to Official Debenture holders’ Committee concerning three issues of subordinated debt aggregating $40 million in this company which had a negative net worth of $200 million. With Indenture Trustee, developed a theory that a statutory merger of solvent subsidiary, from which two issues of debentures derived, into insolvent parent, was a fraud on these debenture holders. Under a confirmed plan of reorganization, increased offer to debenture holders from 5% to 33% of face. An additional significant sum was derived from an intervention in a class action security fraud settlement. (‘84 - ‘85)

Indenture Trustee for Hospital. Representation to reclaim from Lombard-Wall $10 million of securities subject to repurchase agreements. Referred by Cravath, Swaine & Moore (Richard Simmons). (‘82 - ‘83)

Member of Creditors’ Committee in Revere Copper & Brass Incorporated in chapter 11. Representation of bank with secured and unsecured positions reorganization.(‘83 - ‘85)

Herskowitz v. Nutri/System (formerly NYSE Company).  As attorney for Debtor, renegotiated $115 million facility upon default.  Facility created for second stage LBO.  Previously represented entity as purchasers in LBO and security fraud/value litigation emanating from LBO.  (‘87-’92).  857 F2d (3d. Cir. 1988).

R. Represented former general partner in workout and multiple litigations concerning guarantees and “former” general partner liability of $25 million (11/90 -’92)

Chemical Bank v. Bright Star & affiliates, (SDNY). Ten million dollar loan workout and lender’s liability litigation. On summary judgment motion, defendants stipulated judgment, surrendered collateral and withdrew its multimillion-lender liability counter and cross-claims in consideration of participation in collateral realization at various levels. (‘88 – ‘90)

Chemical v. Shupak, (SDNY).  Loan work out dismissing counterclaim, selling collateral. (‘91 – ‘94).

SATO and Affiliates v. Pan Am. (Bankr. SDNY) As co-counsel to secured creditor, litigated and negotiated approval of setoff and D.I.P. financing for domestic intercarrier ticket exchange organizations with multimillion dollar positions. (‘87 – 9).

SAAB v. Eastern Airlines. (Bankr. SDNY) Upon cessation of flying operations, as co-counsel for secured creditor litigated and negotiated, without prejudice, repossession of fleet of aircraft from Eastern affiliate. (1/91 - 12/91)

SK. (SDNY). Guidance to former partners in Finley Kumble and Myerson & Kuhn bankruptcies. (‘88 - ‘92)

Major Bank. Sixty-four million dollar plus Aegean Sea oil development project financing loan workout with non-filing subsidiary, where parent guarantor filed for bankruptcy. (‘88 - ‘89)

Major Bank. Restructuring transnational secured financing of franchisor licensee of Southland.  (‘88 – ‘89)

Major Corporation. (Represented diet franchiser of 2000 franchises in U.S., Australia, Canada and England in development and enforcement of claims against franchisees. (‘87 - ‘92)