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August
2017

NEW YORK LAW JOURNAL PUBLISHES EDWARD NEIGER’S LATEST BANKRUPTCY COLUMN

The New York Law Journal published the latest Bankruptcy Update column, a recurring column on the latest bankruptcy law news and developments. The column is written by ASK attorney Edward E. Neiger and can be viewed by clicking here. To view prior columns, click here.

April
2017

NEW YORK LAW JOURNAL PUBLISHES EDWARD NEIGER’S LATEST BANKRUPTCY COLUMN

The New York Law Journal published the latest Bankruptcy Update column, a recurring column on the latest bankruptcy law news and developments. The column is written by ASK attorney Edward E. Neiger and can be viewed by clicking here. To view prior columns, click here.

March
2017

Ask Co-Managing Partner Joseph L. Steinfeld, Jr. Speaks On Panel With Judge Frank Santoro At The 2017 Southeastern Bankruptcy Law Institute Entitled “Litigating Ordinary Course Of Business Defense In Preference Actions: What Is Ordinary, And How Do You Prove It?"

This panel examined the development of key ordinary course defense issues including the difference between the objective test and the subjective test; required evidence to prove ordinary business terms in the industry under the objective test; determining the historical period and baseline of payments to establish course of dealing under the subjective test; analyzing evidence of supplier’s reducing of credit limits or otherwise requiring prompter payment. The panel discussed the best practices and most effective strategies in litigating ordinary course defenses. For more information about this panel, click the following link: http://www.sbli-inc.org/schedule.html. To view the course materials, click here.

Feb
2017

ASK LLP RETAINED TO PURSUE AVOIDANCE ACTIONS IN SAMSON RESOURCES CORPORATION BANKRUPTCY.

The Settlement Trustee for Samson Resources Corporation retained ASK LLP to, among other things, prosecute and recover preference payments in the case for the benefit of the estate and unsecured creditors. Samson filed for Bankruptcy in the Bankruptcy Court for The District of Delaware, Case No. 15-11934 (CSS). For more information on ASK’s preference practice, click here.

Jan
2017

Marianna Udem Elevated to Partner.

Marianna Udem was elevated to partner at ASK LLP in January 2017. Marianna represents Chapter 11 debtors, official committees of unsecured creditors, estate fiduciaries and individual constituents in bankruptcy proceedings, related litigation and out of court restructurings. To view her full bio, click here

Jan
2017

Kara E. Casteel Elevated to Partner.

Kara E. Casteel was elevated to partner at ASK LLP in January 2017. Kara represents trustees and debtors in possession in preference analysis and litigation of avoidance actions. To view her full bio, click here.

Jan
2017

JENNIFER A. CHRISTIAN JOINS ASK AS OF COUNSEL.

Jennifer A. Christian joined ASK as of counsel in January 2017. Jennifer represents indenture trustees, secured and unsecured creditors, receivers, liquidating trustees, Chapter 11 debtors, equity holders, asset purchasers, and committees. Her experience also includes litigating preference and fraudulent conveyance matters and serving as general counsel and special litigation counsel to a Chapter 7 panel trustee. To view her full bio, click here.

Dec
2016

Bethany J. Rubis Joins Ask as Associate.

Bethany J. Rubis joined ASK as an associate in December 2016. Bethany represents trustees and debtors in possession in preference analysis and litigation of avoidance actions. To view her full bio, click here.

October
2016

ASK LLP RETAINED TO PURSUE AVOIDANCE ACTIONS IN QUICKSILVER RESOURCES INC. BANKRUPTCY.

The Liquidation Trustee for Quicksilver Resources Inc. retained ASK LLP to, among other things, prosecute and recover preference payments in the case for the benefit of the estate and unsecured creditors. Quicksilver filed for bankruptcy in the Bankruptcy Court for the District of Delaware, Case No. 16-11452 (KJC). For more information on ASK’s preference practice, click here.

June
2016

New York Law Journal Publishes Edward Neiger’s Latest article"Changes in Teen Spending Affect Once-Popular Brands"

This article focuses on the continuous stream of teen apparel bankruptcies. The industry continues to decline as the shift in teen spending habits from fashion to technology becomes more pronounced. In addition, Read More.

August
2015

Edward Neiger and Alex Govze publish article entitled "Protecting Your Interests When a Debtor Is Heading Into Bankruptcy" in the Credit Research Foundation Journal.

The article explores several options creditors of soon-to-be bankrupt debtors can protect themselves in the event of a bankruptcy. Read More.

JULY
2015

ASK LLP retained to pursue preferences in the Radioshack bankruptcy. 

The Official Committee of Unsecured Creditors for Radioshack Corporation retained ASK LLP to, among other things, prosecute and recover preference payments in the case for the benefit of the estate and unsecured creditors. Radioshack Corporation filed for bankruptcy in the Bankruptcy Court for the District of Delaware, Case No. 15-10197 (BLS). For more information on ASK's preference practice, click here.

July
2015

ASK LLP retained to pursue preferences in the Exide Technologies bankruptcy.

The Trustee for the Exide Creditors’ Liquidating Trust retained ASK LLP to, among other things, prosecute and recover preference payments in the case for the benefit of the estate and unsecured creditors. Exide Technologies filed for bankruptcy in the Bankruptcy Court for the District of Delaware, Case No. 13-11482. For more information on ASK's preference practice, click here.

june
2015

ASK Co-Managing Partner Edward Neiger moderates panel entitled "Priorities of the Office of the United States Trustee in Chapter 11 Cases"

The panel discussed some of the items of importance to the Office of the United States Trustee, including: Professional Compensation, Management Accountability, Executive Compensation and Creditors' Committee Formation.  Panelists included:  (i)   The Honorable Mary F. Walrath, U.S.B.J. for the District of Delaware,  (ii)  William K. Harrington, Esq., U.S. Trustee, Regions 1 and 2,  (iii) Andrew R. Vara, Esq., Acting U.S. Trustee, Region 3,  (iv) Karen A. Gianelli, Esq., Gibbons P.C., and  (v)  Stephen Darr, CIRA, CBDV, CPA, CFF, Huron Consulting Group.

may
2015

Edward Neiger and Kara Casteel publish article entitled Are Attorneys’ Fees Incurred in Defending Preference Action Recoverable Against the Estate? One Court Says “Yes”

in the American Bankruptcy Institute - Ethics and Professional Compensation Committee Journal.  The articles summarizes recent case-law relating to recovering attorney’s fees in preference actions. Read More

may
2015

New York Law Journal Publishes Edward Neiger’s Latest Bankruptcy Column

The New York Law Journal published the latest Bankruptcy Update column, a recurring column on the latest bankruptcy law news and developments. The column is written by ASK attorney Edward E. Neiger and can be viewed by clicking here.To view prior columns, click here 

june
2015

ASK LLP retained to pursue preferences in the Kids Brands bankruptcy

The Official Committee of Unsecured Creditors for Kids Brands, Inc. retained ASK LLP to, among other things, prosecute and recover preference payments in the case for the benefit of the estate and unsecured creditors. Kids Brands, Inc. filed for bankruptcy in the Bankruptcy Court for the District of New Jersey, Case No. 14-22582 (MBK), For more information on ASK's preference practice, click here.

may
2015

ASK LLP retained to pursue preferences in the Loehmann’s bankruptcy.

The Trustee for the LHI Liquidation Co., Inc. Trust retained ASK LLP to, among other things, prosecute and recover preference payments in the case for the benefit of the estate and unsecured creditors. Loehmann’s Holdings, Inc. filed for bankruptcy in the Bankruptcy Court for the Southern District of New York, Case No. 13-14050 (MG). For more information on ASK's preference practice, click here.

april
2015

The Honorable Timothy A. Barnes (U.S.B.J. N.D. Ill) and ASK Attorneys Edward Neiger and Brigette McGrath co-author article entitled  "Second Circuit Prioritizes Plain Language of the Bankruptcy Code Over Comity Principals ..."

Published in the American Bankruptcy Institute - International Committee Journal.  The article discusses recent case law relating to a bankruptcy court’s scope of review of asset sales under Bankruptcy Code section 363 in a Chapter 15 bankruptcy proceeding. Read More   

april
2015

ASK LLP retained to pursue preferences in the Deb Stores bankruptcy

Debtor, Deb Stores Holding LLC, which filed for bankruptcy in the Bankruptcy Court for the District of Delaware, Case No. 14-12676 (KG), retained ASK LLP to, among other things, prosecute and recover preference payments in the case for the benefit of the estate and unsecured creditors.  For more information on ASK's preference practice, click here.

March
2015

Joseph Steinfeld and Alex Govze publish article entitled:

"In re Allen Highlights Circuit Split Concerning Whether Recovery Is Required for Purpose of Determining What Is Property of the Estate" in the American Bankruptcy Institute – Unsecured Trade Creditors Committee Journal.  Read More.

feb
2015

New York Law Journal Publishes Edward Neiger’s Latest Bankruptcy Column

The New York Law Journal published the latest Bankruptcy Update column, a recurring column on the latest bankruptcy law news and developments. The column is written by ASK attorney Edward E. Neiger and can be viewed by clicking here. To view prior columns, click here 

DEC
2014

Edward Neiger and Dina Gielchinsky publish article entitled "When Reality Television Gets Real: Housewives in Bankruptcy" in the New York Law Journal.

The article explores the recent bankruptcy filings of some of the “Real Housewives” and the legal and other issues that arose in their cases. Read More.

NOV
2014

aSK releases the Fall 2014/ Winter 2015 Avoidance Action Report.  

The Avoidance Action Report is a one-of-a-kind bi-annual report devoted exclusively to case law developments related to avoidance actions. To access the this issue, click here. To access past issues, click here or visit www.avoidanceactionreport.com

NOV
2014

JOE STEINFELD AND BRIGETTE MCGRATH PUBLISH "PREFERENCES AND CREDIT CARD TRANSACTIONS: A CATCH-22 FOR CREDITORS, OR A FAIR RECOVERY FOR THE DEBTOR'S ESTATE?" IN THE ABI'S UNSECURED TRADE CREDITORS COMMITTEE NEWSLETTER.

ASK co-managing partner Joe Steinfeld and attorney Brigette McGrath examine whether credit card payments made to vendors and payments made on account to credit card companies can be simultaneously avoided. To view the article, click here.

oct
2014

COURT HOLDS THAT LATE PAYMENTS ARE UNORDINARY REGARDLESS OF LACK OF COLLECTION PRESSURE....

ASK has secured another victory for Eugene I. Davis, the Litigation Trustee for the Quebecor World Litigation Trust in his preference suit against Clarklift-West, Inc. On October 14, 2014, the U.S. Bankruptcy Court for the Southern District of New York issued an opinion holding that preference period payments made an average of 27.5 days later than historical period payments are unordinary...More

April
2014

Edward Neiger Publishes "Adding Defendants to Preference Complaints after Expiration of the Limitations Period..."

Edward Neiger publishes "Adding Defendants to Preference Complaints after Expiration of the Limitations Period: A Guide to Amendment and Relation Back after Krupski v. Costa Crociere in the Norton Journal of Bankruptcy Law & Practice, Vol. 23, No. 1 (2014)". The article discusses the ramification of the Supreme Court's decision in Krupsky on amending preference action complaints. More

March
2014

Joe Steinfeld participates in the Conrad Duberstein Moot Court Competition.

On March 2, 2014 Joe Steinfeld judged round of 8 of the Duberstein Moot Court Competition. This year's fact pattern concerns two current issues in Chapter 11 practice: (1) whether rejection of a trademark licensing agreement under section 365 terminates the licensee's right to continue to use the trademark; and (2) whether the presumption against extraterritorial application of statutes prevents the application of section 365 to a foreign licensing agreement.

march
2014

Joe Steinfeld and Kara Casteel publish "Critical Vendors May Now Double Dip on New Value" in the March 2014 ABI Issue.

ASK co-managing partner Joe Steinfeld and attorney Kara Casteel analyze the Third Circuit's latest decision in the Friedman's bankruptcy allowing "double dipping" with the new value defense. The article takes a critical view of the decision and is a counter-point to another article endorsing the decision in the same issue of the ABI Journal. To view the article, click here.

feb
2014

New York Law JOURNAL PUBLISHES EDWARD NEIGER'S LATEST "BANKRUPTCY UPDATE" COLUMN.

The New York Law Journal published the latest Bankruptcy Update column, a recurring column on the latest bankruptcy law news and developments. The column is written by ASK attorney Edward E. Neiger and can be viewed by clicking here. To view prior columns, click here

feb
2014

ASK LLP retained to pursue preferences in the Bankruptcy case of HMX Acquisition Corp., et al., 12-14300 pending in the Southern District of New York.

HMX, a large clothing retailer who manufactures for brands such as Hart Shaffner Marx, Hickey Freeman, Coppley, Christopher Blue, Bobby Jones, Argyle Culture, Austin Reed and Sansabelt, filed for bankruptcy on October 19, 2012. ASK was recently retained by the creditor trustee in the case to recover preference payments for the benefit of unsecured creditors. For more information on ASK's preference practice, click here.

feb
2014

ASK LLP retained as co-counsel to the reorganized debtor in Arcapita Bank B.S.C.(c), et al.

The reorganized Arcapita Bank B.S.C.(c), et al. which filed for bankruptcy in the Bankruptcy Court for the Southern District of New York (Case No. 12-11076 (SHL)) retained ASK LLP as co-counsel, to among other things, prosecute and recover preference payments. For more information on ASK's preference practice, click here.

Jan
2014

Brigette McGrath elevated to counsel.

Brigette McGrath was elevated to counsel at ASK LLP in January 2014. Brigette represents estate fiduciaries and creditors in a wide array of bankruptcy litigation and insolvency matters, including prosecuting and defending avoidance actions and resolving creditors' claims in Chapter 7 and Chapter 11 proceedings. To view her full bio, click here.

Jan
2014

EDWARD NEIGER MODErATES ALL-STAR BANKRUTPCY PANEL

On January 30, 2014, Edward Neiger moderated an all-star bankruptcy panel entitled "Hot Topics in Bankruptcy and Restructuring." The panelists included: The Honorable Sean H. Lane (SDNY), the Honorable Elizabeth Stong (EDNY), Harvey Miller (Weil), John F. Lemanski (Citrin Cooperman) and Spencer Ware (AlixPartners). The event was attended by over 200 professionals.

Jan
2014

ABI Publishes Ed Neiger's Article "Like a Rolling Stone: SDNY Tackles its First Individual Chapter 15".

Edward Neiger and Marianna Udem, counsel at ASK LLP, publish article exploring the Southern District of New York Bankruptcy Court's decision denying Chapter 15 "recognition" in the first individual Chapter 15 case in the Southern District of New York. The case had very interesting facts and the court issued a Solomonic holding. To view the article, click here.

Sept
2013

Summer/Fall 2013 Avoidance Action Report Released

ASK released the Summer/Fall 2013 Avoidance Action Report. The Avoidance Action Report is a one-of-a-kind quarterly report devoted exclusively to case law developments related to avoidance actions. To access the Summer/Fall 2013 report...

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August
2013

ASK LLP REPRESENTS BILL DEBLASIO IN EFFORT TO KEEP INTERFAITH HOPSPITAL OPEN

ASK LLP is to be retained to analyze and prosecute preferences in the AFA Investment Inc. bankruptcy (Case No. 12-11127) pending in the United States Bankruptcy Court for the District of Delaware. ...

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July
2013

ASK LLP retained as preference counsel in NewPage.

ASK LLP was retained by the Litigation Trustee in the NewPage Corporation bankruptcy (11-12804 (KG)) pending in the United States Bankruptcy Court for the District of Delaware. ASK LLP seeks to recover over $100 million in potential preference payments for the benefit of the estate. For more information in ASK's preference action practice...

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June
2013

ASK LLP hosts "Party Your ASK Off" launch party at Hudson Hotel

On June 20th, 400 bankruptcy and restructuring professionals gathered together at the "Party Your ASK Off" event, hosted by ASK LLP...

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May
2013

ASK University provides CLE seminars on "preference litigation" at the law firms of Davis Polk & Wardwell LLP and Kirkland & Ellis LLP.

The CLE course discusses the general preference law, the latest case law developments and hot button issues, and the practical aspects of prosecuting large scale preference portfolios. For a copy of the presentation...

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April
2013

ASK LLP retained as preference counsel in Woman's Apparel Group, and preference counsel in Dewey & LeBoef. New York Law Journal publishes Edward Neiger's latest "Bankruptcy Update" column.

On April 5, 2013, the New York Law Journal published the latest Bankruptcy Update column, a recurring column on the latest bankruptcy law news and developments...

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March
2013

ASK LLP engaged as debtors counsel in the Stillwater Bankruptcy

Stillwater Asset Backed Offshore Fund Ltd. (12-14140) retained ASK LLP a debtor's counsel in its bankruptcy pending before the Honorable Judge Gropper in the Bankruptcy Court for the Southern District of New York. ...

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feb
2013

ASK LLP retained as Creditor's Committee counsel in the Atrinsic, Inc. bankruptcy.

The Official Committee of Unsecured Creditors retained ASK LLP to represent their interests in the bankruptcy case of Atrinsic, Inc...

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Jan
2013

ASK LLP retained as co/local counsel to the creditors' committee in the HMX Acquisition Corporation bankruptcy

The Official Committee of Unsecured Creditors retained ASK LLP to represent their interests in the bankruptcy case of Marco Polo Capital Markets, LLC, pending in the United States Bankruptcy Court or the Southern District of New York...

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Jan
2013

ASK LLP retained as co/local counsel to the creditors' committee in the HMX Acquisition Corporation bankruptcy

ASK LLP was retained as co/local counsel for the official committee of unsecured creditors in the bankruptcy case of HMX Acquisition Corp., et al., 12-14300 pending in the Southern ...

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nov
2012

Joseph Steinfeld to Provide CLE Seminar for Delaware Trustees

On November 30, 2012, Joseph Steinfeld, will serve as a panelist on the latest case law and trends in preference actions...

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nov2012

ASK LLP retained to prosecute preferences in WP Steel Venture LLC

ASK LLP was retained to prosecute the preferences in the bankruptcy case of WP Steel Venture LLC and its affiliates. WP Steel owns several steel mills and refineries and filed for ...

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nov2012

ASK tapped to defend appeal of a favorable ruling in the Inner City Media Corporation bankruptcy

Inner City Media and its affiliates entered bankruptcy in the Southern District of New York (Case No. 11-13967 (SCC)). On September 27, 2012, the United States Bankruptcy Court ruled in favor of the debtors in an adversary proceeding filed against the debtors...

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oct2012

Joseph Steinfeld serves as panelist at the National Conference of Bankruptcy Judges 2012

Joseph Steinfeld served as a panelist at the 2012 National Conference of Bankruptcy Judges on October 26, 2012...

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oct2012

ASK LLP successfully resolves one of the largest real estate bankruptcies in Alabama

ASK LLP was retained by Park Lane I LLC, a large real property owner in Alabama, to assist it with its debt burden...

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oct2012

New York Law Journal publishes Edward Neiger's latest "Bankruptcy Update" column

On October 29, 2012 the New York Law Journal published the latest Bankruptcy Update column, a recurring column on the latest bankruptcy law news and developments...

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oct2012

Edward E. Neiger receives first annual Future Leader Award from the New York Institute of Credit

Edward E. Neiger received the first prestigious Future Leader Award from the NYIC in recognition of his leadership capabilities and his impact on the New York bankruptcy industry...

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oct2012

ASK attorneys Joseph Steinfeld, Edward Neiger and Dina Gielchinsky publish prominent article

The October 2012 issue of the American Bankruptcy Institute Journal published an article co-authored by Joseph Steinfeld, Edward Neiger and Dina Gielchinsky entitled Made in the US, Acquired by Asia; How Asian Companies Use the Code to Collect Assets...

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Sep2012

ASK retained by WP Steel Venture LLC bankruptcy estate to collect $75 million in accounts receivable

WP Steel Venture LLC and its affiliates, owner of several steel mills and refineries filed for bankruptcy protection on May 31, 2012 in the Bankruptcy Court for the District of Delaware...

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Sep2012

Gary Underdahl named Partner; Marianna Udem named Counsel

Effective September 1, 2012, senior associate Gary Underdahl was named partner of the firm. Gary joined ASK in September 2003, where he manages large avoidance action portfolios and successfully litigated...

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