David M. Banker Partner

New York
T 212.204.8692 | F 973.422.6863



David focuses on creditors’ rights in the context of complex bankruptcies, providing counsel to trade creditors, creditors’ committees, plan trustees, secured lenders, and lessors. Of note, he represented the unsecured creditors’ committees in Noranda Aluminum, Borders Group, SP Newsprint, Gourmet Express, Chef Solutions, Advanced Marketing Services, Koen Book Distributors, and Solaris Industries.

David has considerable experience defending preference and fraudulent conveyance actions in numerous jurisdictions throughout the country. He is a certified mediator included on the register of mediators for the Southern District of New York and Delaware Bankruptcy Courts, and most recently served on the panels of mediators for the Loehmann’s, Furniture Brands, Vivaro, and WireflyMobile bankruptcy cases.  He advises clients through all stages of the bankruptcy process, including pre-bankruptcy planning, negotiating the sale of claims, and defending claim objections. He represents the interests of secured creditors with respect to automatic stay litigation, adequate protection, cash collateral, and debtor-in-possession financing. David also works extensively with lessors in negotiations over the terms of the assumption and cure of leases, adequate protection orders, and claims related to lease rejection.

David is frequently invited to author articles and lecture on legal issues including trade creditors’ rights and remedies, and bankruptcy litigation.

Publications

Court Ruling A Reprieve for Bankruptcy Reclamation Rights?
Business Credit, November/December 2016
Bruce Nathan, David Banker, Barry Bazian
A Little More You Need to Know About the “Ordinary Course of Business” and “New Value” Preference Defenses
The Credit and Financial Management Review, 3rd Quarter 2016
Bruce Nathan, David Banker, Eric Chafetz, Barry Bazian
Cautionary Tale for Section 503(b)(9) Claimants: Filing a Proof of Claim Might Thwart Recovery
CRF News, 3rd Quarter 2016
Bruce Nathan, David Banker
View More...

Press Mentions

David M. Banker and Eric Chafetz are featured in probono.net/ny, a publication of The City Bar Justice Center, for their volunteer efforts on behalf of the Center’s Consumer Bankruptcy Project. Assisting over 200 New Yorkers annually in filing for Chapter 7 relief, the two attorneys have provided more than 100 pro bono hours to help 17 indigent New Yorkers with legal assistance. Lowenstein Sandler was also recognized as a “staunch supporter of pro bono legal services,” and was acknowledged for the creation of the Lowenstein Center for the Public Interest. , September 8, 2015
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”