David M. Banker Partner

New York
T 212.204.8692 | F 973.422.6863



David Banker is a Partner in the firm’s Bankruptcy, Financial Reorganization & Creditors’ Rights Department. David's practice focuses on creditors’ rights in the context of complex bankruptcies, including representing trade creditors, creditors’ committees, plan trustees, secured lenders and lessors. His unsecured creditors’ committee representations include Borders Group, Inc., SP Newsprint Holdings, LLC, Chef Solutions Holdings, LLC, Advanced Marketing Services, Inc., Koen Books Distributors, Inc., and Solaris Industries Inc. David has extensive experience defending preference and fraudulent conveyance actions in numerous jurisdictions throughout the country. His practice includes pursuing creditors’ claims, both prior to and during bankruptcy proceedings, pre-bankruptcy planning from a creditor’s perspective, negotiating the sale of claims, and defending claim objections. He represents the interests of secured creditors in matters including automatic stay litigation, adequate protection issues, cash collateral, and debtor-in-possession financing. David also has extensive experience representing lessors in connection with negotiating the terms of the assumption and cure of leases, adequate protection orders, and claims related to lease rejection. David regularly authors articles and lectures on various creditors’ rights issues.

Publications

Landlords Beware: Court Finds Debtor May Assume, Then Assign Lease
New York Law Journal, June 23, 2014
David Banker, Elie Worenklein
Expanding the Scope of the Contemporaneous Exchange for New Value Preference Defense to Multiple Party Transactions
Business Credit, June 2014
Bruce Nathan, David Banker
Sparks Continue to Fly – Electricity is not Eligible for Section 503(b)(9) Status and Other Shocking Developments
Business Credit, January 2014
Bruce Nathan, Michael Etkin, David Banker
View More...

Press Mentions

David Banker is quoted in connection with a report on the SP Newsprint unsecured creditors committee's victory in obtaining bankruptcy court approval to investigate over $30 million in management fees paid to Brant Industries, run by wealthy industrialist, businessman and entrepreneur, Peter Brant. , Debtwire , April 9, 2012
Scott Cargill and David Banker comment on the increase in Chapter 11 filings and failures to reorganize during the recession. , Floor Covering Weekly , January 25, 2010

Related Areas

Bankruptcy, Financial Reorganization & Creditors’ Rights

Education


New York Law School ( J.D. , 2000 ) , cum laude
George Washington University ( B.A. , 1997 ) , magna cum laude

Bar Admissions


New York
New Jersey

Court Admissions


2002 , U.S. District Court, Southern District of New York
2002 , U.S. District Court, Eastern District of New York
2000 , U.S. District Court, District of New Jersey

Affiliations


  • American Bankruptcy Institute
    • Editor, "Second Circuit Case Update”