Alan J. Lipkin is a partner in and founding member of the Business Reorganization & Restructuring Department. Alan regularly advises debtors, committees or groups of creditors, noteholders, and equity holders committees, major creditors and shareholders, and other key parties in chapter 11 and chapter 7 cases and out-of-court workouts. 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's representation of debtors as lead counsel in both out-of-court workouts and chapter 11 cases includes advising:
- Interfaith Medical Center Inc.
- 360networks inc.
- Qualis Care L.P.
- The Alert Centre, Inc.
- Episcopal Health Services, Inc.
Alan’s representation of creditors’, bondholders’, and equity holders’ committees and ad hoc groups includes 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 Fibre
- An Ad Hoc Group of bondholders in the Hagerstown chapter 11 case
Key Creditor/Party Representations
Alan’s representation of key creditors and other parties in bankruptcy cases includes advising:
- Numerous W.P. Carey & Co. entities as landlords and major creditors, including most recently in the Sears, Bon-Ton, Data Cooling, iHeart Communications, American Tire, and Nortel 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
Alan’s representation of acquirors of chapter 11 debtors and their assets includes:
- Representing 360networks in its acquisitions of substantially all of the debtors’ assets in the GT Telcom, Corban, and Touch America chapter 11 cases
- Representing American Home Products in its acquisition of the debtors in the A.H. Robbins chapter 11 cases
Alan served as law clerk to Chief Judge Almeric L. Christian, U.S. District Court for the Virgin Islands.
Alan has lectured and authored articles on a number of 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. Recently, Alan spoke on bankruptcy matters concerning Bitcoin and Blockchain at New York City Bar Association CLEs. Alan also spoke regarding chapter 11 and workouts to the New York Society of Security Analysts.
As a member of the Association of the Bar of the City of New York, Alan served on its Committee on Bankruptcy and Business Reorganization from 1997-1999 and 2014-2018. He also previously served on the 1999 Southern District of New York Bankruptcy Court Survey Committee. Alan has served on the Board of the NYC Bankruptcy Assistance Project since 2005.
Alan was chairman of Willkie’s Firm Investment/Benefits Committee from 2012-2018.