Eric Chafetz Counsel

New York
T 646.414.6886 | F 973.422.6469



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 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.

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.


Representative Engagements

Represented the unsecured creditors’ committee in the following bankruptcy matters:
  • Golden County Foods
  • Exide Technologies
  • Qualteq, Inc., d/b/a VCT of New Jersey, Inc. (100% plus interest distribution to general unsecured creditors)
  • Borders Group, Inc.
  • SP Newsprint Holdings, LLC
  • Manistique Papers Inc.
  • Chef Solutions Holdings, LLC

Other Distinctions

  • Super Lawyers (2013–2016) - Recognized as a "Rising Star" for his work in Bankruptcy & Creditor/Debtor Rights.

  • Next Generation program participant, National Conference of Bankruptcy Judges 2014 Annual Meeting.

Publications

The Strict Compliance Requirement for Letters of Credit is Really Strict
Business Credit, February 2017
Bruce Nathan, Eric Chafetz
Diversification Key For Mall Developers As Retail Landscape Evolves
Retail Dive, February 7, 2017
Kenneth Rosen, Eric Chafetz
Will Innovative Moves Reverse the 'Death Spiral' of Malls?
New York Law Journal, December 5, 2016
Eric Chafetz
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
In the New York Law Journal, Lowenstein Sandler's promotion of Eric Chafetz, Ashley Essick, Daniel Roque and Elliott Stein to Counsel, is highlighted. , New York Law Journal , January 24, 2012

Related Areas

Bankruptcy, Financial Reorganization & Creditors’ Rights

Education


Brooklyn Law School ( J.D. , 2004 ) , cum laude
University of Michigan ( B.A. , 2000 )

Bar Admissions


New York
New Jersey

Court Admissions


2005 , U.S. District Court, Southern District of New York
2005 , U.S. District Court, Eastern District of New York
2005 , U.S. District Court, District of New Jersey

Affiliations


  • American Bankruptcy Institute
  • Turnaround Management Association
    • NYC Membership Committee