Jeffrey has a deep understanding of the Bankruptcy Code and creditor remedies under state law. He regularly represents debtors, official committees, major creditors, asset purchasers in Chapter 11 cases and related commercial litigation, as well as trustees in investigations and subsequent litigation with lenders, directors, and officers. His creditor’s rights practice includes investigating and prosecuting claims against insiders, including fiduciary duty, fraudulent transfer, veil piercing claims, and exercising enforcement remedies under CPLR Article 52. His involvement in cryptocurrency cases, which includes representing blockchain technology companies in bankruptcy cases and major creditors in crypto exchange bankruptcies, has established his reputation as an eminent attorney in the field.
The NYC Bankruptcy Assistance Project has recognized Jeffrey for helping indigent debtors obtain a Chapter 7 discharge and representing student loan debtors in non-dischargeability proceedings pro bono. He has also presented to the City Bar Justice Center on the discharge of student loan debt in bankruptcy.
In 2023, Jeffrey was recognized by Super Lawyers as a Top-Rated Bankruptcy Attorney, an accolade bestowed upon only the top 5% of all attorneys in the state after a rigorous selection process. Super Lawyers previously recognized him as a “Rising Star” in the field of business bankruptcy.
Significant Litigation Victories & Notable Cases:
- Landmark $50 Million Chapter 7 Victory: Played instrumental role in securing a groundbreaking $50 million judgment for chapter 7 trustee of TransCare Corporation, a regional ambulance company, against Lynn Tilton and Patriarch Partners for breach of fiduciary duty and fraudulent transfers. Successfully defended the Bankruptcy Court’s decision to the District Court and the Second Circuit. Exercised enforcement remedies that forced her to bond the appeal.
- Prosecution of Fraudulent Transfer Claims: Represented law firm in litigation to recover cash and securities transferred from deceased client’s IRA to her inherited IRA. Prevailed in appeal in which we asked the First Department to overturn its prior decision interpreting the retirement account exemption as applying to a minor’s inherited IRA.
- Defense of Priority Claims: Defended purchasers of $100 million in gas claims in adversary proceedings brought by electricity co-op debtors challenging priority of their claims under 11 U.S.C. § 503(b)(9). Achieved settlement in which creditors’ recovery exceeded that received by general unsecured creditors on the plan effective date.
- Defense in Trade Claim Litigation: Represented trade creditor in Bankruptcy Rule 3001(e)(2) contested matter, which concluded with the alleged transferee of the claim withdrawing its transfer of claim with prejudice following briefing on summary judgment.
- Representation of Official Committees: Represented official committee in Chapter 11 cases of skilled nursing facilities and assisted living facilities. Proposed and confirmed consensual Chapter 11 plan supported by all major parties. Also represented the official committee in the Chapter 11 case of a public exhibition company that was the custodian of approximately 5,500 Titanic artifacts on terms outlined in a consent decree with NOAA.
- Defense of Fiduciary Duty and Fraudulent Transfer Claims: Represented the founder and CEO of nonprofit in fiduciary duty and fraudulent transfer litigation brought by the nonprofit’s post-confirmation litigation trustee. Litigation settled within policy limits following the dismissal of key claims.
- Representation of Asset Purchasers in Bankruptcy and Post-Sale Commercial Litigation: Defeated motion to stay sale closing made by bondholder group whose debt was used to credit bid in bankruptcy sale; defeated post-confirmation motion of debtors’ former CEO for leave to take invasive Rule 2004 discovery; settled disputed contract and fraudulent transfer claims of DIP lender and real estate broker against purchaser on favorable terms.
- Defense in Real Estate Litigation: Defended high-profile real estate developer against allegations of fiduciary breaches and fraud. The allegations were brought by a former employee and a bankruptcy trustee in a complex business dissolution and Chapter 7 case.
Publications
- Liquidating Trustee’s breach of Fiduciary Duty Claims Excluded from D&O Coverage, ABI Journal (July 2016)
- Discharge of Student Loan Debt in Bankruptcy, CLE Sponsored by the City Bar Justice Center (June 2016)
- Nixing Permissive Plan Payments Effectively Repeals 1129(a)(4), ABI Journal (July 2014)
- Orchestrated Involuntary Case Not Dismissed on Bad Faith Grounds, ABI Journal (May 2014)
- CFPA’s Anti-Injunction Provision a Potential Limit on Courts’ Subject-Matter Jurisdiction, ABI Journal (February 2014)
- Bankruptcy Rule 7004 May Apply to Claim Objections, ABI Journal (August 2013)
- Response to “Routine Illegality in Bankruptcy Court, Big Case Fee Practices,” 83 Am. Bankr. L. J. 549 (2009)
