DOV R. KLEINER

PARTNER

Dov Kleiner advises clients on bankruptcy and workout issues, focusing on transactional and credit matters. He has extensive experience representing investors, creditors, debtors and official and unofficial committees, with a particular focus on large, complex capital structures and highly leveraged enterprises. Dov also works closely with the Real Estate group on real estate workouts, as well as commercial and mezzanine loans.

Practices

Experience

Dov’s representations includes:

  • Representation of first and second lien lenders in distress situations;
  • Representation of borrowers in workouts with lenders.
  • Representation of purchasers in 363 bankruptcy sales.
  • Representation of assisted living business and skilled nursing facility borrowers.
  • Representation of mezzanine lenders in multi-site cross collateralized development loans.
  • Representation of lender in multi-loan real estate business loan funding facility.
  • Representation of multi-property nursing home facility real estate workout.
  • Representation of multiple investment funds in connection with distressed credit investments in the communications, real estate and retail industries.
  • Representation of buyers and sellers in bankruptcy and foreclosure sales.
  • Representation of Shinsei Bank in connection with its claims against Lehman Brothers Holdings, Inc. and in its service on the Official Committee of Unsecured Creditors in the Lehman Bankruptcy and in connection with litigation with Lehman US relating to the insolvency of a Japanese Lehman affiliate
  • Representation of the BI-LO supermarket chain, an operator of a 200+ grocery store chain, as debtor-in-possession in its Chapter 11 proceeding
  • Acted as bankruptcy counsel to Combined Coordinating Council, Inc. and its affiliates in connection with the bankruptcy and reorganization of The Brooklyn Hospital, the bankruptcy and sale of Our Lady of Mercy, and the dissolution and sale of Long Island College Hospital, each of which were member hospitals

Education

Columbia University (J.D., 1994)

Stone and Kent Scholar, Olin Fellowship in Law and Economics

Columbia University Graduate School of Business (M.B.A., Dean’s List, 1994)

University of Pennsylvania (B.A., cum laude, 1988)

Bar Admissions

1995, New York

Publications

Insights

Slo-Mo: Bankruptcy Court Suspends Modell’s Case

March 31, 2020

A recent decision by the Bankruptcy Court for the District of New Jersey, In re Modell’s Sporting Goods, Inc., illustrates the difficult problems caused by the COVID-19 pandemic, the ways that parties to a bankruptcy case may react and issues distressed companies, their creditors and stakeholders should consider in the current climate before a bankruptcy petition…

Helping Clients Navigate COVID-19 (Updating)

March 30, 2020,

Kleinberg Kaplan is working closely with our clients to provide counsel and guidance during these unprecedented times. A selection of our recent thought leadership pieces related to the implications of COVID-19 includes: The Force May Be With You: COVID-19 and Force Majeure Provisions (March 31, 2020): How and if businesses should consider exploring the invocation…

COVID-19: Considerations for Lenders and Credit Managers

March 20, 2020

During these stressful, uncertain and rapidly changing times, Kleinberg Kaplan’s thoughts go out to our clients and the welfare of their families and businesses. As we adjust to the continuously changing circumstances, we reach out to our many fund clients with a reminder that lenders and credit managers will need to be proactive in making sure…

COVID-19: Positioning Your Business to Survive this Season

March 19, 2020

The global outbreak of COVID-19 has reached the United States with significant impact. Right now, we are all doing what we need to do in order to keep our families and communities safe. But as we settle in to what experts say could be weeks, if not months, of slowdown, we also recognize that the business…

Hot Off The Press: Newest Tribune Decision Affirms Safe Harbor Defenses

December 23, 2019

The latest decision by the Second Circuit Court of Appeals in the long-running Tribune Company fraudulent conveyance litigation provides Court of Appeals endorsement of safe harbor defenses to clawback actions that had been considered potentially vulnerable following the Supreme Court’s decision in Merit Management Group LP v. FTI Consulting, Inc. The opinion amounts to a reconsideration and reaffirmation…

HSR Act Bringing Offshore Funds Home

November 18, 2019,

Earlier this month, the Federal Trade Commission (“FTC”), with the concurrence of the Antitrust Division of the U.S. Department of Justice, published in the Federal Register proposed changes to the Hart-Scott-Rodino Act (“HSR Act”) regulations regarding foreign entities. The proposed changes are intended to simplify the determination of whether an entity is a foreign person…

Difficult to Avoid: Supreme Court Leans Against Avoidance Actions

July 31, 2019

A review of the two bankruptcy law decisions issued by the Supreme Court in its most recent term (Mission Product Holdings Inc. v. Tempnology, LLC and Taggart v. Lorenzen) shows that the Court may be tilting against avoidance actions in ways that should provide comfort to avoidance defendants. Mission Product Holdings Inc. v. Tempnology, LLC…

Extra, Extra: Tribune decision bolsters Safe Harbor Defenses

May 1, 2019

The most recent decision in the long-running Tribune Company Fraudulent Conveyance Litigation multi-district case shores up safe harbor defenses to clawback actions that had been challenged following the Supreme Court’s Merit Management decision. The decision approves a broad reading of the statutory definition of “financial institution,” and thus extends the protection of the safe harbor…

Sears Trading Order

October 26, 2018

On October 16, 2018, the Bankruptcy Court overseeing the Sears bankruptcy cases entered an interim order relating to ownership and transfers of interests in the Sears debtors. Among other things, the interim order requires the filing of a notice by any entity (as defined in Treasury Regulations Section 1.382-3(a)) that is or will become a…

Bankruptcy Court Tells Claims Traders: “Do Your Homework!”

July 23, 2018,

Traders in claims of bankruptcy debtors should take note of a recent Delaware Bankruptcy Court decision that prevents the transfer of claims when the underlying debt instrument prohibited the transfer without the borrower’s consent. In In re Woodbridge Group of Companies, LLC, et al. No. 17-12560 (KJC), (Bankr. Del. June 20, 2018) (http://www.deb.uscourts.gov/sites/default/files/opinions/judge-kevin-j-carey/woodbridge-contrarian-opinion-and-order.pdf), the court…

Release Me!: New York Bankruptcy Court Enforces Third Party Releases by UK Debtor

May 15, 2018,

The United States Bankruptcy Court for the Southern District of New York recently entered an order enforcing a UK scheme of arrangement[1] that contained provisions – non-consensual third-party releases – that might not necessarily have been permissible under U.S. bankruptcy law. In re Avanti Commc’ns Group plc, No. 18-10458 (MG), (Bankr. S.D.N.Y. Apr. 9, 2018)…

Flip Flop: Safe Harbor Sinks Lehman Appeal

April 5, 2018,

A New York district court has affirmed, on appeal, the dismissal of an attempt by the Lehman Brothers estate to unwind payments made in connection with a series of CDO structures. The decision, Lehman Brothers Special Financing Inc. v. Bank of America N.A. (In re Lehman Brothers Holdings, Inc.), marks the second time that a…

Troubled Waters Ahead: Supreme Court Narrows Safe Harbor

March 6, 2018,

The United States Supreme Court has narrowed the scope of section 546(e), the Bankruptcy Code securities safe harbor for clawbacks, such that it may be available in many cases to only banks, large funds, and other large financial institutions. The case, Merit Management Group LP v. FTI Consulting, Inc., is the first Supreme Court test…

Storm Warning: Supreme Court to Rule on Safe Harbor

November 29, 2017,

A case currently before the United States Supreme Court could significantly restrict the scope of an important defense to clawback actions, limiting its usefulness for entities that are not major financial institutions or large funds. Based on recent oral argument, the Bankruptcy Code safe harbor for clawbacks may be given a narrow interpretation, leaving it…

Supreme Court Dismisses Structured Dismissals

March 24, 2017,

A recent decision by the United States Supreme Court, Czyzewski v. Jevic Holding Corp., curtails the controversial practice of concluding chapter 11 cases with “structured dismissals”. The decision narrows the range of options available to parties attempting to craft settlements resolving chapter 11 cases, and could increase the leverage available to holdouts. Background In 2008…

Stop the Presses: Court of Appeals Holds That Safe Harbor Blocks Creditor Fraudulent Conveyance Actions Against Tribune Shareholders

March 31, 2016,

A recent decision by the Court of Appeals for the Second Circuit, In re Tribune Company Fraudulent Conveyance Litigation, has emphatically rejected a controversial workaround strategy used by plaintiffs in several pending fraudulent conveyance cases brought against shareholders of public companies, providing clarity regarding the scope of the “Safe Harbor” defenses of Bankruptcy Code section…

Paved with Good Intentions: Court Explores Contours of “Actual Intent” Fraud

February 9, 2016,

A recent decision by New York Bankruptcy Judge Gerber has both raised the hopes of thousands of good faith shareholder defendants mired in long-running adversary proceedings and provided useful guidance to practitioners regarding the scope of “actual intent” fraudulent conveyance law. The cases, Weisfelner v. Fund 1, Weisfelner v. Reichman, and Weisfelner v. Hofmann, are…

Supreme Court Declines to Review Safe Harbor Victory for Madoff Defendants

June 24, 2015

In a significant victory for brokerage customers, the Supreme Court has declined to accept an appeal by Irving Picard, the Madoff Securities trustee, from a decision by the Court of Appeals for the Second Circuit, Picard v. Ida Fishman Revocable Trust (In re Bernard L. Madoff Investment Securities LLC) (analyzed in our previous alert), that…

Second Circuit Provides Safe Harbor for Madoff Defendants

December 15, 2014

A recent decision by the Court of Appeals for the Second Circuit, Picard v. Ida Fishman Revocable Trust (In re Bernard L. Madoff Investment Securities LLC), sharply limits the remedies available to trustees in brokerage liquidations, provides significant protections for innocent customers of fraudulent brokers, and further shapes the ongoing debate over Bankruptcy Code safe harbors. For former customers…

Taint Necessarily So: Third Circuit Holds that Taint Travels with Claim

November 21, 2013

A new decision by the Third Circuit Court of Appeals, In re KB Toys, Inc., may strongly influence the debate regarding whether a bankruptcy claim transferred on the secondary market is subject to disallowance based on acts of the original holder of the claim. As discussed in our prior alert, KB Toys concerned from objections…