The Supreme Court has again entered the insolvency arena, handing down a decision regarding the jurisdiction of courts hearing appeals of bankruptcy sale orders. The decision, MOAC Mall Holdings LLC v. Transform Holdco LLC, clarifies the circumstances under which Bankruptcy Code section 363(m) can statutorily moot an appeal of a sale order in a way…
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
Speaking Engagements
Bankruptcy Safe Harbor for Crypto Transactions
Co-Speaker, Kleinberg Kaplan & 507 Capital Special Webinar, August 2022
Celsius/Voyager – 546(e) Safe Harbor
Co-Speaker, Kleinberg Kaplan & 507 Capital on Twitter Spaces, August 2022
Crypto Liquidation/Bankruptcy Cases – Recent Events, Overview, Challenges, and What to Expect
Co-Speaker, Kleinberg Kaplan, Kalo & Conyers on Twitter Spaces, July 2022
Publications
Goldman Sachs: We Are Not an FTX Creditor
Blockworks, January 2023, Quoted
Turnarounds & Workouts, September 2022, Quoted
Jevic Ch. 7 Ruling Highlights DIP Agreement Consequences
Law360, May 2021, Co-Authored with Matthew Gold and Marc Rosen
I Really Can’t Stay: Supreme Court Clarifies Scope of Bankruptcy Automatic Stay
WestLaw Today, February 2021, Co-Authored with Matthew Gold and Marc Rosen
The Trustee Strikes Back: Greektown Decision May Limit Safe Harbor Defenses
WestLaw Today, January 2021, Co-Authored with Matthew Gold and Marc Rosen
New York Court Adopts Majority “Taint Travels” Rule
Journal of Bankruptcy Law, November 2020, Co-Authored with Matthew Gold and Michael Levine
Nine West Clawback Ruling Fortifies Bankruptcy Safe Harbor
Law360, September 2020, Co-Authored with Matthew Gold and Marc Rosen
A Token Exception to Bankruptcy’s ‘Keep off the Grass’ Sign
Turnarounds & Workouts, July 2018
Town Center’s Impact On Real Estate Lenders And Borrowers
Law360, June 2017
Non-Bankruptcy Alternatives to Chapter 11 Restructurings and Asset Sales
Practical Law Bankruptcy, May 2017
Insights
MOAC Trial: Supreme Court Enhances Appellate Jurisdiction over Appeals from Bankruptcy Sale Orders
May 3, 2023Client AlertsKleinberg Kaplan’s Dov Kleiner spoke with CoinDesk on SVB’s ongoing Bankruptcy
March 27, 2023Firm NewsKleinberg Kaplan partner Dov Kleiner recently spoke with CoinDesk on their live TV series, “First Mover” and was quoted in the corresponding article, “SVB Financial’s First Bankruptcy Hearing ‘Wasn’t Really So Routine,’ Says Legal Expert.” In his interview, Dov discussed the latest following the first bankruptcy hearing with SVB Financial (parent company of Silicon Valley…
Kleinberg Kaplan’s Dov Kleiner quoted in The Wall Street Journal on FTX’s Efforts to Recoup Charitable Donations
January 10, 2023Firm NewsKleinberg Kaplan partner Dov Kleiner was recently quoted in an article in The Wall Street Journal titled “FTX Seeks to Recoup Sam Bankman-Fried’s Charitable Donations.” The article covers the efforts – and related complexities – of FTX’s new management to “claw back” donations made by Sam Bankman-Fried and other FTX executives, as well as by…