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

Speaking Engagements

Safe Harbors Post-Merit Management Decision: What You Need to Know and Do

Co-speaker, The Knowledge Group, May 19, 2020

An Introduction to Small Business Bankruptcy

Co-speaker, Abacus Worldwide, May 12, 2020

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

Helping Clients Navigate COVID-19 (Updating)

June 10, 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: Corporate Considerations  The PPP Just Got Better (June 10, 2020): Chris Davis, Dov Kleiner, Uri Rosenwasser and Benjamin Goldman discuss the key highlights of the…

Three for the Lenders

May 27, 2020

A series of recent decisions may provide boosts for the positions of lenders. Post-Petition Interest on an Oversecured Claim In re Family Pharmacy, Inc. held that Missouri law, like New York law, distinguishes between permissible default interest and impermissible penalties. However the case diverges from the majority view adopted by several circuit courts of appeal insofar…

Wish You Were Here: Notarizing in the Age of Social Distancing

April 14, 2020

As we manage the many dislocations resulting from the COVID-19 pandemic, some of the more ordinary tasks still need to be undertaken. One such task is notarization. How can one subscribe and swear “before” a notary in this age of social distancing? Fortunately, workarounds are available, some new and some already existing pre-pandemic. New York State Notarization Using…

Kleinberg Kaplan Attorneys Quoted in Law360: “As Bankruptcy Storm Brews, Legal Pros Say Save Cash”

April 3, 2020

Kleinberg Kaplan’s Business Restructuring and Reorganization partners Matthew J. Gold and Dov R. Kleiner were quoted in a Law360 article: “As Bankruptcy Storm Brews, Legal Pros Say Save Cash.” In the article, Matt and Dov discuss the potential increase of bankruptcy filings across industries as COVID-19 continues to impact businesses. For those companies that seek…

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…

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…

Lessons from Willful Blindness Decision Alerts

December 5, 2019

A recent decision by Judge Stuart Bernstein of the Bankruptcy Court for the Southern District of New York, Irving Picard, as trustee for Bernard L. Madoff Investment Securities LLC v. Citibank, N.A., clarifies the parameters of the “willful blindness” standard applicable in fraudulent conveyance actions, and illustrates practical applications of safe harbor defenses that may be asserted…

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…

Victory for Kleinberg Kaplan Clients in U.S. Court of Appeals

December 9, 2014

Kleinberg, Kaplan, Wolff & Cohen attorneys David Parker and Matthew Gold are part of the legal team that won an important victory in the United States Court of Appeals for the Second Circuit for former customers of Bernard Madoff Securities. The Second Circuit’s ruling sharply restricts the remedies available to Irving Picard, the Madoff Securities…

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…

Bankruptcy Reform

December 31, 2012

Kleinberg Kaplan will participate in a study of potential Bankruptcy Code reform. The American Bankruptcy Institute has formed a commission to study and propose reforms to Chapter 11 of the Bankruptcy Code that will better balance the goals of reorganization of business debtors, preservation of jobs and maximization of asset values for the benefit of…

Commercial Leasing Issues

October 31, 2012

Leasing has always played an important role of our real estate practice, representing both landlords and tenants. We have recently written about certain important issues pertinent to commercial leasing. First, Real Estate Forum recently published an article by Jason Polevoy of our real estate group, in which he discusses steps available to a landlord both…