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Creditors' committees, trade creditors, and plan/liquidating trustees involved in complex bankruptcies regularly turn to Eric for strategic counsel on creditors' rights. He also represents secured creditors in connection with their use of cash collateral and related adequate protection issues, and he advises debtors on various phases of their reorganization efforts.
Eric frequently negotiates:
- Cash collateral and debtor-in-possession (DIP) financing orders
- Bid procedures, bid procedures orders, sale orders, and the underlying corporate transaction documents
- Plans of reorganization, liquidation trust agreements, plan supplements, plan support agreements, and rights offering procedures
Additionally, Eric advises clients on their rights associated with the assumption and assignment of executory contracts and the cure amounts associated therewith.
Eric is well-versed in all aspects of the claims resolution and reconciliation process. Clients benefit from his extremely successful track record in investigating and prosecuting actions against officers, directors, and lenders, as well as in prosecuting and defending hundreds of preference actions.
A leader in his field, Eric participated in the American Bankruptcy Institute (ABI) Commission's Avoidance Power Subcommittee's study of the aspects of the Bankruptcy Code involving preferences, creditors' reclamation rights, and creditors' rights under Section 503(b)(9). Eric is also a prolific author and has published numerous articles addressing various cutting-edge issues in journals geared toward trade creditors. He is a frequent speaker on current bankruptcy and creditors’ rights topics, including serving as a guest lecturer at the Columbia University School of Professional Studies and Cornell Tech’s Master of Laws program, where he has presented topics on the intersection of bankruptcy and such fields as real estate and intellectual property.
Active in the firm's pro bono efforts, Eric has represented several individuals who filed for Chapter 7 bankruptcy protection, as well as veterans before the Department of Veterans Affairs.