Robert M. Novick has more than three decades of experience in the areas of financial reorganization, debtor and creditor rights, and an array of associated litigation.
He represents traditional and alternative lenders, company management, equity sponsors, landlords, debtors and borrowers, guarantors, and other parties in cases under the Bankruptcy Code, in debtor-creditor and related litigation, and in out-of-court workouts.
Rob has led representations of lenders and borrowers in UCC foreclosures and Bankruptcy Court sales or refinancing for more than fifty properties ranging from retail centers to residential and office developments to business operating assets, amounting to many billions of dollars.
Rob has also first-chaired litigation before courts and other tribunals in matters relating to director and officer liability, guaranty claims, fraudulent transfers, business torts, contested Chapter 11 proceedings, and inter-creditor disputes.
Rob is recognized in New York Metro Super Lawyers. He has presented accredited continuing legal education lectures on various bankruptcy topics. He was a speaker at the 84th National Conference of Bankruptcy Judges, CLE Program “Rule 2019: Claims Trading, the Ad Hoc Committee, and the Implications of Going Dark,” he was also a panelist at the Subprime ABS in Las Vegas on the topic of "The Emerging Role of Private Money as a Viable Sub-Subprime Solution," and is a frequent judge at New York University's Marden Moot Court Competition. He is also an author or contributing editor of multiple titles in the Blond’s Law Guide series.
Rob served on a volunteer basis as Chief Executive Officer for a financially distressed 700-student not-for-profit elementary school.
Work Highlights
- Lead counsel to Fred’s, a leading retailer with 556 general merchandise and pharmacy stores across the southeast United States, in its Chapter 11 bankruptcy case.
- Owners of cross-collateralized NYC real estate in lender-liability litigation.
- Extended Stay Hotels (REIT) – Lead litigation counsel for former management and lead shareholder in complex litigation with lender and bankruptcy fiduciary arising from securities transactions incident to an LBO.
- Landlords and subtenants in large retail Chapter 11 cases, including Sports Authority, Joann Stores, Nine West, Toys ‘R’ Us, New York & Company, K-Mart, Caldor and others.
- MatlinPatterson (alternative investment funds) in contested wind-down proceedings.
- Party City – Excluded bondholder objecting to post-petition financing and plan of reorganization.
- Seeman-Holtz Property and Casualty – Secured Lender in successful UCC foreclosure and subsequent claims against guarantors.
- Diadexus – Assignee of bankruptcy estate’s claims against directors and officers of failed medical diagnostics company.
- CEVA Logistics (transportation) – Special litigation counsel to Chapter 7 trustee in fraudulent transfer litigation against Apollo-related entities.
- SCO Group (Unix operating system) – DIP Lender.
- The Weinstein Company – Member of the Official Committee of Unsecured Creditors in Chapter 11 case, successfully negotiated substantial early recovery for client.
- A multi-national molecule manufacturer in pharmaceutical companies’ restructuring, Chapter 11, and Chapter 7 proceedings.
- An alternative investment fund defending against lender liability claims in multiple courts, successfully obtaining control of the largest residential property in Los Angeles.
- Seasons Kosher Supermarkets – Involuntary Chapter 11 petitioners and largest non-financial creditor.
- Enron – Ad Hoc Committee of CLN Noteholders of Enron North America holding $2.4 billion of debt.
- Urban Communicators (wireless telecom) – Gabriel Capital as Secured Lender. Obtained award of interest against Chapter 11 debtors on defaulted loan in excess of 25% per annum that was increased on appeal.
- Key3Media (technology tradeshows including COMDEX) – Chapter 11 counsel for debtors that successfully and efficiently confirmed plans of reorganization and emerged from Chapter 11.
- Adelphia (cable systems, management financial fraud) – Official Unsecured Creditors Committee and post-confirmation plan administrator and creditor trust.
- Trump Entertainment Resorts (hotels and casinos) – High-profile former directors and licensors of trade names and other intellectual property to debtors in Chapter 11 cases with competing contested plans.
- Bayou Funds (fraudulent investment scheme) – Bankruptcy Counsel to Official Creditors’ Committee.
- Polymer Technologies (synthetic textiles) – Official Unsecured Creditors Committee.
- NextWave PCS (wireless telecom) – Official Creditors’ Committee.
- Rickel & Associates (broker-dealer) - Defendant in fraudulent transfer action.
- Counsel to borrowers, lenders, guarantors, equity sponsors, management and investors in multiple financings and workouts.
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