Representation of Trustees

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Experience

The attorneys in our Bankruptcy & Creditors' Rights Practice Group have extensive experience helping trustees fulfill their responsibilities in Chapter 7 and Chapter 11 cases. Our services include:

advising on and litigating preference and fraudulent conveyance claims;
litigating complex fraud cases, including ponzi schemes;
assisting with asset sales and other liquidation matters;
advising on and litigating contract claims; and
winding down business operations and closing the bankruptcy estate.

Representative Matters

Acting as special counsel to Irving H. Picard, the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC and the Chapter 7 Trustee of Bernard L. Madoff in connection with the recovery of assets for investors in Madoff's billion-dollar Ponzi scheme. In such capacity, we are currently litigating approximately 50 clawback lawsuits against transferees of assets of the debtors' consolidated estate. We are also acting as debtor's counsel in the Chapter 11 case of a Madoff-related entity with partial ownership interests in a private jet and in an adversary proceeding commenced thereunder, seeking authority for a Section 363 sale free and clear of all liens.
Acting as counsel to Alan Nisselson, a partner of the Firm, as Chapter 11 and then converted Chapter 7 Trustee for Philip G. Barry, a/k/a Barry Publications, a Brooklyn-based Ponzi scheme involving financial and real estate investments.
Acting as counsel to Alan Nisselson as Chapter 11 Trustee of MarketXT Holdings Corp., a prominent electronic communications network. Working with counsel for the creditors' committee, we have achieved close to a 90% distribution to creditors, based almost exclusively on recoveries in litigation and elimination of millions of dollars of claims. Among other things, we have obtained judgments on intentional and constructive fraudulent conveyance claims of approximately $75 million and obtained favorable rulings, affirmed on appeal, on novel issues of law regarding retroactive annulment of the automatic stay and mandatory subordination under Section 510(b).
Representing the Chapter 7 Trustee of a prominent law firm, instituting litigation to recover millions of dollars of assets based on theories of successor liability, transfers of unfinished business, preferences, and fraudulent conveyances.
Successfully represented the Galleon Management, L.P. Chapter 7 Trustee in recovering estate assets pursuant to the settlement of an adversary proceeding against Galleon’s founder and other former company executives.

Team +

Partners

Special Counsel

Associates

Newsroom +

Super Lawyers Recognizes 2024 New York Metro and Rising Star Lawyers - Oct 24, 2024
The Best Lawyers Announces 2025 Nominees - 43 Windels Marx Lawyers Recognized - Aug 15, 2024
John Tepedino Promoted to Partner - Nov 21, 2023
Windels Marx Ranked by Best Law Firms® in 2024 - Nov 2, 2023
For 2023, Super Lawyers Recognizes 13 Lawyers in New York Metro Edition and 6 Rising Stars - Oct 16, 2023
Best Lawyers in America 2024 Recognizes 30 Windels Marx Lawyers, 14 "Ones to Watch", 3 "Lawyers of the Year" - Aug 17, 2023
Windels Marx Named to the 2023 Roster of U.S. News – Best Lawyers "Best Law Firms" - Nov 3, 2022
For 2022, Super Lawyers Recognizes 12 Lawyers in New York Metro Edition and 2 Rising Stars - Oct 11, 2022
Best Lawyers in America 2023 Recognizes 25 Windels Marx Lawyers, 9 Ones to Watch, 4 Lawyers of the Year - Aug 18, 2022
James Sullivan Talks to Crain's NY Business About Bankruptcy Asset Sales and Finding Gold Amidst the Ashes - Dec 6, 2021
For 2021, Super Lawyers Recognizes 18 Lawyers in New York Metro and Rising Stars Editions - Sep 30, 2021
Madoff Team Triumphs Again Before U.S. Supreme Court in $3B Overseas Clawback Case - Jun 1, 2021
Madoff Case Garners DOJ Support for $3B Fund Clawback from Overseas Banks - Apr 13, 2021
Brian Kreutter, John Tepedino Promoted to Special Counsel - Aug 30, 2016
Court Approves $62 Million Recovery Agreement Between Madoff Trustee, Blumenfeld - Dec 5, 2014
Howard Simon Quoted on Potential Dewey & LeBoeuf LLP Bankruptcy - May 21, 2012

Events +

Rob Malatak, Eloy Peral Join Bisnow on Distressed Assets - March 28th - Aug 20, 2024
James Sullivan Discusses Bankruptcy and Cryptocurrency with The Knowledge Group - Feb 15, 2023

Publications +

Judgment Day: Enforcing Monetary Judgments Against Debtors - Apr 11, 2024
Summary Judgment In Lieu of Complaint: The Most Straight Forward but Nuanced Path to Judgment - Mar 12, 2024
Debtors Can't Have Their Cake and Eat it Too: SDNY Bankruptcy Judge Rules that Hotel Must Pay Default Interest As Condition to Reinstating Loan - Aug 15, 2023
New Changes to Business Bankruptcy Law Enacted – But No Extension of the Increased Debt Threshold to Take Advantage of the Small Business Bankruptcy Law Implemented as Part of The CARES Act - Feb 11, 2021

Related Practice

Bankruptcy & Creditors' Rights