Shareholder
Bankruptcy/Workout
New York
212.537.0403
610.371.1223 fax
nfk@stevenslee.com
Nick concentrates his practice on bankruptcy, corporate
reorganizations, insolvency, workouts and commercial litigation. He
regularly advises buyers of distressed securities and distressed assets.
Nick has significant experience representing debtors, lenders,
committees, trustees, landlords, suppliers, directors and executives.
His clients include companies in industries such as technology,
telecommunications, apparel, transportation, energy, manufacturing,
hospitality and services.
Nick currently leads the team representing Friedman's
Inc. and Crescent Jewelers in their chapter 11 case in Delaware.
Nick is currently representing RZB Finance LLP, a
secured lender owed over $40 million, in the chapter 11 case of SemCrude,
L.P. in Delaware. Nick recently served as conflicts counsel to
Curative Health Services, Inc. in its prepackaged restructuring of $185
million in senior notes. He also recently assisted a charter aircraft
company in its successful workout negotiations. In addition, Nick is
currently representing the trustees of Alliance Bancorp (investigating
claims against lenders to Alt-A mortgage banker), AlphaStar Insurance Group Limited
(f/k/a Stirling Cooke Brown Holdings Limited) and Magnesium Corporation
of America (manufacturer that defaulted on $150 million in bonds).
His debtor representations have included EAL (Delaware)
Inc., an aircraft leasing company with over $500 million in secured
debt; Cellular Information Systems, Inc., a public company with over
$100 million in bank debt; govWorks, Inc., an e-government dot com
company with $60 million in debt that was acquired by First Data Corp.;
North American Energy Conservation, Inc., an energy trading company with
$70 million in debt; Nathan’s Equity Group, L.P., which controlled
Nathan’s Famous, Inc., a restaurant company; and apparel companies such
as
Biscayne Apparel, Inc. and Masterwear Corporation. His debtor
representations also have included companies in the real estate, retail,
service and mining industries.
In addition, Nick represented RZB Finance, a $45 million
secured lender in the Bethlehem Steel case and RZB’s foreign
affiliate, Raiffeisen Centrobank, in the Harnischfeger case. He has
represented parties to license agreements and other executory contracts
such as Ford Motor Company in Livent (U.S.) Inc., NFL Films, Inc. in
Vestron, Inc. and Compuware Corporation in AG Systems, Inc. Nick
also represented creditors in the Dana, Refco and Enron cases.
Nick's committee representations have included companies in the
technology, biotech, manufacturing and financial services industries.
His other creditor representations have included companies in the
technology, apparel, retail, manufacturing, transportation, energy,
hospitality, financial services and media industries.
Nick was a law clerk to the Honorable Tina L. Brozman,
Southern District of New York. In law school, he was Articles Editor for
the New York Law School Law Review.
Nick has served as a lecturer on bankruptcy-related topics for the
Association for Corporate Growth and the Practicing Law Institute. He regularly writes on issues affecting
bankruptcy practice. His articles have been published by the Commercial
Law League of America, Bankruptcy Law360, Mondaq and others.
Education:
New York University School of Law, LL.M. in Corporation Law, 1985
New York Law School, J.D., cum laude, 1984
Fordham University, B.A., 1981
Bar Admissions:
New York
Court Admissions:
U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York
Selected Publications:
-
"Bankruptcy
Implications for Swap Counterparties," Law360, September
22,
2008.
-
"Judge Favors Market Data Over Experts in Valuation Dispute: Iridium May
Have Dramatic Impact on Avoidance Actions," TMA Journal of Corporate
Renewal, Vol. 21, No. 9, September 2008.
-
"Despite Downturn, It's Not Yet Time for Corporate Bankruptcy Filings."
Co-author. Daily Bankruptcy Review. July 9, 2008.
-
"Delta's pre-BAPCPA tale foretells
post-BAPCPA risks." Bankruptcy Court Decisions, January 23, 2007,
Vol. 47, No. 14.
-
"Hedge Fund Implosions
- Bankruptcy Ramifications for Counterparties to Financial Contracts."
Debt³, November/December 2006, Vol. 21, No. 6.
-
"Rights Offerings
Take on a New Role as the Centerpiece in Corporate Reorganizations." Debt³,
September/October, 2006, Vol. 21, No. 5. Co-author.
-
"Prepackaged Bankruptcy Filings: A Harbinger of Practice Under the New
Law." Debt³, July/August 2006, Vol. 21,
No. 4.
-
"Lenders Beware: Deepening Insolvency and Other Pitfalls to Avoid Before
the Next Wave of Bankruptcies." Journal of Bankruptcy Law, Vol.
2, No. 1, page 14 (June 2006).
-
"Vultures Beware: Enron Court Applies Equitable Subordination Doctrine
to Transferred Claims." Debt³,
March/April 2006, Vol. 21, No. 2.
-
"The Many Downsides of Second Lien Financings." Equipment Leasing
Today, March 2006. Co-author.
-
"Commercial Real Estate Financing: What Borrowers and Lenders Need
to Know Now." PLI Program Book, May/June 1999. Contributor.
Professional Associations/Civic Affiliations:
Association of Insolvency and Restructuring Advisors
American Bankruptcy Institute
New York State Bar Association
Turnaround Management Association
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