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David M. Banker
Counsel

New York
Tel: 212.204.8692 | Fax: 973.422.6863


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David M. Banker is Counsel to the firm’s Bankruptcy, Financial Reorganization & Creditors’ Rights Group. Mr. Banker’s practice focuses on creditors’ rights in the context of complex bankruptcies, including representing trade creditors, secured lenders, creditors’ committees, plan trustees 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 Skip’s Cutting, Inc. Mr. Banker has extensive experience defending preference and fraudulent conveyance actions in numerous jurisdictions throughout the country. His practice includes pursuit of reclamation and administrative priority claims, negotiation of 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. Mr. Banker 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.

Speaking Engagements:
  • "Preference Defenses: New Value, Ordinary Course and Contemporaneous Exchange," Strafford Live Phone/Web Seminar, December 14, 2011
  • "Bankruptcy Preferences," Lowenstein Sandler University, 2011
  • "Prosecuting and Defending Preference Claims," Lowenstein Sandler University, 2008





  • Everything You Need to Know About New Value as a Preference Defense, and More
    The Credit and Financial Management Review, Second Quarter 2011
    Bruce Nathan, Scott Cargill, David Banker

  • Reclamation Catch-22: Darned If You Do, Darned If You Don't
    Business Credit, May 2011
    Bruce Nathan, David Banker

  • BAPCPA Rollback As A Cure For Unsuccessful Reorganizations? Not So Fast!
    Supplemental Materials - American Bankruptcy Legislative Symposium, November 16, 2009
    David Banker




  • 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

    wonderfully talented team exercises brilliant judgment and undertakes the most thorough research to ensure nothing slips through the cracks
    – Chambers USA Guide




    Bankruptcy, Financial Reorganization & Creditors’ Rights


    Education

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




    New Jersey
    New York




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




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



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