Alan J. Lipkin

Alan J. Lipkin regularly advises debtors, committees or groups of creditors, noteholders, and equity holders, major creditors and shareholders, and other key parties in chapter 11 and chapter 7 cases and out-of-court workouts.

In addition to his bankruptcy and restructuring expertise, Alan also has substantial experience in insurance insolvency and bank insolvency matters as well as in addressing potential bankruptcy and insolvency issues in structured finance and other complex transactions.

Alan has lectured and authored articles on multiple business reorganization topics including real estate bankruptcies, representation of high-yield bondholders and equity committees, the application of fraudulent transfer statutes to leveraged buy-out transactions, and the bankruptcy laws of emerging growth countries. Alan has spoken on bankruptcy matters concerning Bitcoin and Blockchain at New York City Bar Association CLEs and regarding chapter 11 and workouts to the New York Society of Security Analysts.  In March 2023, he presented on U.S. Bankruptcy & Insolvency Powers at the TL4 FIRE Americas Cayman Conference.  In May 2022, he taught a NYSBA CLE Course on Discovery in Cases under Chapter 15 of the U.S. Bankruptcy Code.  In January 2022, he taught a Strafford CLE course on Fraudulent Conveyance Exposure for Intercorporate Guaranties.

Before joining Chaffetz Lindsey, Alan was a partner and founding member of the Business Reorganization & Restructuring Department at Willkie Farr & Gallagher LLP. He began his legal career as a law clerk to Chief Judge Almeric L. Christian (U.S. District Court for the Virgin Islands).

Key Creditor/Party Representations

Representation of key creditors and other parties in bankruptcy cases including advising:

• Numerous W.P Carey & Co. entities as landlords and major creditors, including most recently in the Regal Cinemas/Cineworld, Kings Super Markets, Arandell, 24 Hour Fitness, Acosta, Sears, Bon-Ton, Data Cooling, iHeart Communications, American Tire, and Nortel chapter 11 cases.
• Icestar as a major creditor in the Transmar chapter 11 case.
• ABN AMRO as lender agent in the Aegean Marine Petroleum chapter 11 case.
• New York-Presbyterian Hospital in multiple hospital bankruptcy cases including Brooklyn Hospital, Westchester Square Hospital, and United Hospital as well as for a major claim in the Lehman Brothers chapter 11 cases.
• Wilmington Trust Company as indenture trustee for hundreds of millions of dollars of notes in the Abitibi, Bowater, and Nutritional Sourcing chapter 11 cases.
• The U.K. Pension Trustees in the Lehman Brothers chapter 11 cases.
• Spiegel Holdings, Inc. as major creditor and controlling shareholder in the Spiegel and Eddie Bauer chapter 11 cases.
• Loral as a major creditor and shareholder in the Globalstar chapter 11 cases.

Committee Representations

Representation of creditors’, bondholders’, and equity holders’ committees and ad hoc group including advising:

• An ad hoc group of preferred shareholders in the Touch America chapter 11 cases.
• An ad hoc group of bondholders in an out-of-court workout for Great Lakes Pulp and Fiber.
• An ad hoc group of bondholders in the Hagerstown chapter 11 case.

Debtor Representations

Representation of debtors as lead counsel in both out-of-court workouts and chapter 11 cases including advising:

• Interfaith Medical Center Inc.
• 360networks Inc.
• Qualis Care L.P.
• The Alert Centre, Inc.
• Episcopal Health Services, Inc.

Acquiror Representations

Representation of acquirors of chapter 11 debtors and their assets including advising:

• 360networks in its acquisitions of substantially all of the debtors’ assets in the GT Telcom, Corban, and Touch America chapter 11 cases.
• American Home Products in its acquisition of the debtors in the A.H. Robins Company chapter 11 cases.

• DISPUTES AT THE CROSSROADS: How a Bankruptcy Case or State Insolvency Proceedings Can Affect Contractual Arbitration Rights (May 8, 2020)
• A Bankruptcy Lawyer’s View Of The Current Business Environment (April 29, 2020)
• “Banks Forfeit Pledged Collateral Due to Their Failure to Investigate Warning Signs of Borrower’s Misconduct,” The Banking Law Journal (July/August 2016)

• “Bankruptcy & Insolvency Powers,”  TL4 FIRE Americas: Cayman Conference (March 2023).
• “Discovery in Cases under Chapter 15 of the U.S. Bankruptcy Code,” NYSBA CLE Course (May 2022).
• “Fraudulent Conveyance Exposure for Intercorporate Guaranties,” Strafford CLE Course (January 2022).
• “The Corporate Bankruptcy Process,” New York Society of Security Analysts 29th Annual High Yield Bond Conference (June 2019).
• “From Bitcoin to Blockchain: How Laws and Regulations are Conforming to and Impacting the Use of Virtual Currency,” New York City Bar Association (April 2016 and 2017).

• Member, International Bar Association – Insolvency Section (2020 – Present)
• Member, Bankruptcy and Business Reorganization Committee of the Association of the Bar of the City of New York (1997 – 1999; 2014 – 2018)
• Board Member, NYC Bankruptcy Assistance Project (2005 – Present)
• Former Member, 1999 Southern District of New York Bankruptcy Court Survey Committee