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…
MATTHEW J. GOLD
PARTNER
Matthew Gold has extensive experience representing secured and unsecured creditors, creditors’ committees, debtors, landlords, trustees and acquirers of assets in chapter 11 reorganizations, chapter 7 liquidations, voluntary and involuntary cases, SIPA proceedings, and out-of-court workouts and restructurings.
Practices
About
Matt has prosecuted and defended preference and fraudulent conveyance actions, negotiated and confirmed plans of reorganization and disclosure statements, drafted and negotiated asset sales, and given non-consolidation opinions. He also works closely with the members of the Bank Debt and Claims Trading group, advising on any bankruptcy-related issues. Matt has practiced before courts in New York and around the country.
Experience
Representation of Chapter 11 Debtor or Trustee
- In re Madison Maidens, Inc. (Bankr. S.D.N.Y.) (successful reorganization of clothing wholesaler)
- In re PIMS New York, Inc., et al. (Bankr. S.D.N.Y.) (successful reorganization of public relations firm)
- In re The Millbrook Press, Inc. (Bankr. D. Conn.) (confirmed plan with full payment of creditors)
- In re Alexander Doll Co. (Bankr. S.D.N.Y.) (successful reorganization of doll manufacturer)
- In re Jack Ehrenhaus (Bankr. S.D.N.Y.) (chapter 11 trustee of individual debtor – plan of reorganization confirmed)
- In re Marine Pollution Service Inc. et al. (Bankr. S.D.N.Y.) (chapter 11 trustee of concrete manufacturers – plan of reorganization confirmed)
- In re Scopas Technology Co. (Bankr. S.D.N.Y.) (medical technology debtor)
- In re United Refining Co., et al. (Bankr. S.D. Tex.) (defended debtor against environmental liability action).
Representation of Official Committee of Unsecured Creditors
- In re H. Park Central LLC (Bankr. S.D.N.Y.) (hotel – plan of reorganization confirmed with 100¢ payment to creditors)
- In re Lillie Rubin Affiliates, Inc. (Bankr. S.D. Fla.) (retail chain – plan of reorganization confirmed)
- In re Hi Tech Entertainment, Inc. (Bankr. S.D.N.Y. (committee and chapter 7 trustee of video and computer game publisher)
- In re Pan American Trade Development Corp. (Bankr. S.D.N.Y.) (fabrication conglomerate – plan of reorganization confirmed)
- In re Advanced Mining Systems, Inc., et al. (Bankr. S.D.N.Y.) (manufacturing company)
- In re Metro Affiliates, Inc. (Bankr. S.D.N.Y.) (transportation companies – plan of reorganization confirmed).
Representation of Secured Lender
- In re HB Texas Development Partners, LP (Bankr. W.D.Tex.) (representation of secured mezzanine lenders, who acquired debtor assets)
- In re Tronox Incorporated (Bankr. S.D.N.Y.) (defense of fraudulent conveyance action)
- In re Livent, Inc. (Bankr. S.D.N.Y.) (representation of mortgagee)
- In re Lawrence Group, Inc. (Bankr. N.D.N.Y.) (insurance companies)
- In re NC-PPMC, et al. (Bankr. N.D. Tex.) (reorganization of six hospitals)
- In re GHR Energy Corporation (Bankr. S.D. Texas) (reorganization of oil company)
- In re 1038-1050 Ocean Avenue, Inc. (Bankr. E.D.N.Y.) (Single asset real estate)
- In re Delphi Corporation, et al. (Bankr. S.D.N.Y.) (representation of secured DIP lender, who acquired debtor assets)
Other
- In re Bernard L. Madoff Investment Securities LLC (2nd cir.) (member of defendant steering committee that succeeded in obtaining ruling protecting §546(e) Safe Harbor)
- In re Lehman Brothers Special Financing Inc. v. Bank of America National Association, et al. (Bankr. S.D.N.Y.) (representation of noteholder defendants in clawback/CDO priority litigation)
- In re Lehman Brothers Holdings, Inc., et al. (Bankr. S.D.N.Y.) (representation of member of Official Creditors Committee)
- In re WCI Communities, Inc., et, al. (Bankr. Del.) (representation of member of Official Creditors Committee)
- In re Adelphia Communications Corporation, et al. (Bankr. S.D.N.Y.) (representation of bondholders)
- In re Northwest Airlines Corporation, et al. (Bankr. S.D.N.Y.) (representation of professionals regarding contested fee application)
- In re Escada (USA) Inc. (Bankr. S.D.N.Y.) (representation of Landlord)
- In re Enesco Group Inc. (Bankr. E.D.Mi.) (representation of bidder in 363 sale)
- In re Lyondell Chemical Company (Bankr. S.D.N.Y.) (representation of defendants in fraudulent conveyance action)
- In re Tribune Company Fraudulent Conveyance Litigation (S.D.N.Y) (representation of defendants in fraudulent conveyance litigation)
- Enron Creditors Recovery Corp. v. Springfield Associates, L.L.C. (S.D.N.Y.) (representation of transferee of bank debt)
- In re TXCC Inc., et al.) (Bankr. N.D. Tex.) (representation of acquirer under plan of chain of restaurants)
- In re Autofest Group, LLC (Bankr. S.D.N.Y.) (representation of automobile finance company)
- In re Adelphia Business Solutions, Inc., et al. (Bankr. S.D.N.Y.) (representation of patent infringement plaintiff)
- In re Fruit of the Loom, Inc., et al (Bankr. D. Del.) (representation of owner of Pro Player Stadium)
- In re Insilco Technologies, Inc., et al (Bankr. D. Del.) (representation of grantee of IRU)
- In re Petrie Retail, Inc. (Bankr. S.D.N.Y) (representation of landlord)
- In re Johns-Manville Corp., et al. (Bankr. S.D.N.Y.) (representation of asbestos manufacturer)
- In re Pan American Corp. (Bankr. S.D.N.Y.) (representation of aircraft owner)
- In re Heidi’s Frogen Yozurt, Inc. (Bankr. E.D. N.Y.) (representation of unsecured creditor)
- In re S-G associates, Inc. (Bankr. S.D.N.Y.) (representation of broker).
Education
University of Pennsylvania Law School (J.D., 1982)
Yale University (B.A., 1979)
Bar Admissions
1983, New York
Publications
Supreme Court Affirms Secured Creditors’ Right to Credit Bid
Reuters HEDGEWORLD, August 2012
Global Crossing and Use of IRUs: Unsettled Questions on Their Legal Status
The Bankruptcy Strategist Vol. XIX, No. 6, Law Journal Newsletters, April 2002
Letters of Credit in Bankruptcy
Letters of Credit Institute, 1984, 1985, 1986
Municipal Bankruptcy
Law and Business, 1983
Insights
Slo-Mo: Bankruptcy Court Suspends Modell’s Case
March 31, 2020Client AlertsHelping Clients Navigate COVID-19 (Updating)
March 30, 2020Client Alerts, FEATURED PUBLICATIONKleinberg 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, 2020Client AlertsDuring 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…