Alan J. Brody

Alan J. Brody

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Alan J. Brody focuses his practice on bankruptcy, corporate restructuring, commercial insolvency and financing. He has a wide range of experience representing clients in a variety of bankruptcy proceedings, as well as insolvency issues in business transactions, out-of-court restructurings, asset-based loans and debtor-in-possession financing.

Alan has broad experience in complex bankruptcy and creditors' rights litigation and has represented entities in the restructuring, financing and acquisition of assets in bankruptcy courts throughout the United States. Among Alan's clients are lenders, private equity funds, receivers, secured and trade creditors and creditors' committees. He has also represented investors seeking investment opportunities in Chapter 11 bankruptcy cases through the purchase of bankruptcy claims, acquisition of assets or as a proponent of a plan of reorganization, as well as clients in cross-border insolvency matters.

Alan served as a judicial law clerk to the Honorable Conrad B. Duberstein, former Chief Judge of the U.S. Bankruptcy Court for the Eastern District of New York.

Prior to earning his law degree, Alan was an accountant with Laventhol & Horvath, CPAs. Alan's background is a combination of legal, accounting, and business experience. When encountering the operational and organizational challenges in structuring and implementing complex financial transactions, Alan utilizes his legal, accounting, and practical business skills to anticipate and formulate strategies to the varied issues for his clients.

Concentrations

  • Bankruptcy, corporate debt restructuring and workouts
  • Asset-based lending
  • Complex commercial bankruptcy litigation
  • Distress asset acquisitions
  • State securities receiverships and enforcement actions
  • Retail bankruptcies
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Capabilities

Experiencia

  • Counsel to HIG Capital in the $90 million acquisition of Shapes/Arch Holdings LLC, et al., out of Chapter 11 in the U.S. Bankruptcy Court for the District of New Jersey.
  • Counsel to Blue Wolf Capital Management in the acquisition of Gloucester Engineering Co., Inc., out of Chapter 11 in the U.S. Bankruptcy Court for the District of Massachusetts.
  • Counsel to First Niagara Bank (formerly known as New Alliance Bank), as pre-petition and debtor-in-possession secured lender to The Weck Corporation, et al., a housewares and home furnishing retailer operating under the name "Gracious Home" with multiple locations throughout New York.
  • Counsel for a leading financial institution in contested and consensual cash collateral issues, DIP, and exit finance (In re Jillian's Entertainment Holdings, Inc., et al.).
  • Counsel for the Tranche A debtor-in-possession secured lender in the Global Capacity Holding, LLC, et al., Chapter 11 proceeding in the U.S. Bankruptcy Court for the District of Delaware.
  • Counsel to a real estate developer in the acquisition and financing of a large cooperative building in New York.
  • Counsel to numerous leading financial institutions in various default and financing situations.
  • Counsel to the Official Committee of Unsecured Creditors of Canal Corp. f/k/a Chesapeake Corp., et al., in the U.S. Bankruptcy Court for the Eastern District of Virginia, involving the sale of substantially all of the company’s assets for a purchase price valued at approximately $485 million.
  • Counsel to the Official Committee of Unsecured Creditors of First Connecticut Consulting Group, Inc., et al., a case involving 21 affiliated debtors (some cases now dismissed) with approximately $100 million in real estate holdings throughout the Northeast, currently pending in the U.S. Bankruptcy Court for the District of Connecticut.
  • Counsel to the Official Committee of Unsecured Creditors of Protarga, Inc., in the U.S. Bankruptcy Court for the District of Delaware, in a case that involved the prompt sale of the debtor's intellectual property principally comprised of clinical stage pharmaceuticals (including innovative new treatments for cancer, infectious diseases and CNS disorders), following competitive bidding pursuant to §363 of the Bankruptcy Code.
  • Counsel to the Official Committee of Unsecured Creditors of Select Nutrition Distributors, Inc., et al., the third largest distributor of health supplements in the country, in the U.S. Bankruptcy Court for the Eastern District of New York.
  • Counsel to various clothing suppliers in the Mervyn’s Holdings, LLC, Boscov’s, Inc., and Shoe Pavilion, Inc., bankruptcy cases.
  • Counsel for Chapter 11 debtors, such as In re Ranch * 1, Inc., et al., in their successful Chapter 11 proceedings in the U.S. Bankruptcy Court for the Southern District of New York.
  • Counsel to the principal landlord for Tops Appliance City, resulting in the recovery and control of real property and the payment of substantial claims.
  • Counsel to Worldcom in the Delta Airlines, Inc., et al. bankruptcy proceedings.
  • Counsel for various municipalities, including the Jersey City Redevelopment Agency, representing the redevelopment interests of Jersey City in the five consolidated Chapter 11 bankruptcy cases of Village Townhouse Estates, Inc., Knob Hill Victorian Estates, Inc., Liberty Harbor North, Inc., Lorraine Mocco and Peter Mocco.
  • Representation of court appointed receivers in some of the largest securities fraud cases brought by the New Jersey Bureau of Securities, at the request of the State of New Jersey Bureau of Securities, to recover more than $90 million of investor funds, including Wellesley Services, LLC, et al. (Harvey v. Wellesley, et al.), CAJ Trading, Inc., et al. (Farmer v. Natale, et al.) and others.
  • Counsel to defendants in numerous bankruptcy cases involving the pursuit of preferential transfers, fraudulent conveyances, subordination and other causes of action.
  • Counsel to the trustee of the Burke & Burke retail gourmet food chain, in the Southern District of New York, in which we operated the retail establishment through a successful sale of the going concern.
  • Counsel to the Trustee of Fundamental Brothers, Inc., et al., a major international securities inter-dealer broker and corporate bond broker.
  • Counsel to the owner of a New Jersey brownfield property in groundbreaking litigation where the jurisdiction of the bankruptcy court was used to reduce real property taxes.
  • Counsel to several large New Jersey real estate developers and landlords as creditors and defendants in various bankruptcy proceedings.

Recognition & Leadership

  • Listed, Chambers USA Guide, 2012-2019
  • Member, Winning Team, U.S. News - Best Lawyers "Law Firm of the Year" in Bankruptcy & Creditor Debtor Rights / Insolvency & Reorganization Law and Litigation – Bankruptcy, 2013
  • Team Member, Lexology’s Client Choice Award USA & Canada, United States: New Jersey, 2013
  • Member, American Bankruptcy Institute
  • Member, Turnaround Management Association
    • Board of Directors, New Jersey Chapter, 2020-2022
    • Treasurer, New Jersey Chapter, 2020-2022
  • Member, Commercial Finance Association
  • Member, New Jersey State Bar Association, Bankruptcy Law Section
  • Co-Chair, New York State Bar Association, Creditors’ Rights and Bankruptcy Litigation Committee, Commercial and Federal Litigation Section
    • Executive Committee, Commercial and Federal Litigation Section 

Credentials

Educación
  • J.D., cum laude, New York Law School, 1991
    • Editor, New York Law School Law Review
  • B.S., Accounting, University of Delaware, 1988
Clerkships
  • Hon. Conrad B. Duberstein, Chief Judge of the U.S. Bankruptcy Court for the Eastern District of New York

Admitida para practicar como abogado en
  • Nueva Jersey
  • Nueva York
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. Court of Appeals for the Third Circuit
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