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Norman Kinel is a Member in the firm’s Bankruptcy, Financial Reorganization & Creditors’ Rights Group. He has been involved in some of the largest and most complex bankruptcy cases in the country and has a broad range of experience in bankruptcy law, representing debtors, creditors, bondholders, trustees and committees of creditors, equity holders and retirees.
Mr. Kinel's experience includes all aspects of complex bankruptcy litigation and bankruptcy appeals, including contested confirmations of plans, the automatic stay, DIP financing, cash collateral and adequate protection issues, assumption and rejection of executory contracts and unexpired leases, exclusivity, substantive consolidation, prosecution and defense of officer and director liability actions, and actions to recover fraudulent conveyances and preferential transfers. He also has extensive experience in asset sales and mergers and acquisitions in the bankruptcy context and cross-border insolvency proceedings. Mr. Kinel also counsels clients in out-of-court restructurings as well as pre- and post-bankruptcy default and workout situations.
REPRESENTATIVE MATTERS:
Committee representations include:
- The Official Committees of Unsecured Creditors in the cases of 360networks (USA) Inc., Tavern on the Green Limited Partnership, DTI Holdings, Inc. and This End Up Furniture, Inc.
- The Official Retirees' committee in the Lone Star Industries, Inc. case
- The Official Committee of Equity Security Holders in the Adelphia Communications and Public Service Company of New Hampshire cases
Debtor representations include the Chapter 11 cases of:
- The 1031 Tax Group, LLC
- Robotic Vision Systems, Inc.
- Federal Mogul, Inc.
- Rocky Mountain Helicopters, Inc.
- Mulberry Phosphates, Inc.
- Andover Togs, Inc.
Mr. Kinel has also represented:
- Creditors in the Chrysler Corp. case
- An investment fund in connection with a derivative contract in the Lehman Brothers Holding case
- Bondholders in confirming a competing plan in the Senior Living Choices, Inc. case
- A major private equity firm in two multi-million dollar fraudulent conveyance actions in the Musicland Holdings Corp. case
- A mezzanine lender to developer Harry Macklowe in connection with his default on more than $7 billion in secured loans
- A Chapter 7 trustee in connection with a precedent-setting tax-sharing dispute (In re First Cent. Fin. Corp., 377 F.3d 209 (2d Cir. 2004)
- Several financial institutions in the multi-billion dollar commercial paper litigation in the Enron Corporation case
- The purchaser of nine automobile dealerships in the Tristar Automotive Group, Inc. case
- The acquirer of the historic Stanhope hotel in the 995 Fifth Avenue Associates case
- Secured creditors with respect to numerous major warehouses in the Best Products, Inc. case
- Lessors of several aircraft in the MarkAir, Inc. case
Listed among the top bankruptcy attorneys in Manhattan by Super Lawyers (2006 -2008 editions) and recognized as an AV peer-rated attorney in Martindale Hubbell, Mr. Kinel is a noted and frequent author of numerous bankruptcy law articles and a commentator for national publications of bankruptcy law issues.
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U.S. Bankruptcy Roundtable
Financier Worldwide Magazine, July 2008
Norman Kinel
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Crystal Ball Required? A Debtor’s Obligation to Preserve Electronic Data in Anticipation of Future Avoidance Litigation
The Bankruptcy Strategist, January 2008
Norman Kinel
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Recovering the Value of Preferential Transfers of Goods or Equipment
The Bankruptcy Strategist, December 2007
Norman Kinel
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In The NonProfit Times, Norman Kinel is quoted on Daytop Village's need to seek Chapter 11 protection.,
The NonProfit Times, April 10, 2012
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Norman Kinel comments on how the bankruptcy reorganization process may allow struggling restaurant chains to remain in business.,
Dow Jones Daily Bankruptcy Review, December 30, 2011
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Norman N. Kinel comments on how bankruptcy lawyers will adapt to bankruptcy rulings such as the Philadelphia Newspapers decision, which denied lenders the right to credit bid as long as the lenders were provided with the "indubitable equivalent" of their claim under the plan.,
Dow Jones Daily Bankruptcy Review, January 3, 2011
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American University, Washington College of Law
(J.D., 1983)
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Yeshiva University
(1980)
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New Jersey
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New York
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1984,
U.S. District Court, Southern District of New York
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1984,
U.S. District Court, Eastern District of New York
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1984,
U.S. District Court, District of New Jersey
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1992,
U.S. Court of Appeals, Second Circuit
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1989,
U.S. Supreme Court
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- American Bar Association Business Bankruptcy Committee
- American Bankruptcy Institute
- Turnaround Management Association
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