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New York Bankruptcy Lawyer
Overview
Mr. Kotliar provides efficient and practical advice to debtors, creditors, and other parties in interest in corporate restructurings both in- and out-of-court.
Bryan M. Kotliar has represented debtors and creditors in some of the largest and most complex restructurings of the past decade...
Bryan M. Kotliar has represented debtors and creditors in some of the largest and most complex restructurings of the past decade...
Mr. Kotliar provides efficient and practical advice to debtors, creditors, and other parties in interest in corporate restructurings both in- and out-of-court.
Bryan M. Kotliar has represented debtors and creditors in some of the largest and most complex restructurings of the past decade. In particular, Mr. Kotliar has substantial experience representing debtors, secured and unsecured creditors, equity holders, foreign representatives, asset purchasers, investors and others in connection with in- and out-of-court restructurings and other distressed situations. He also has significant experience with bankruptcy litigation, including with respect to obtaining confirmation of chapter 11 plans of reorganization and liquidation, approval of contested debtor-in-possession (DIP) financing facilities, approval of contested section 363 sales, and recognition of foreign proceedings in chapter 15 cases. Mr. Kotliar was recently named to the 2022 Best Lawyers: Ones to Watch list for his work in the category of "Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law in New York City.
MoreBryan M. Kotliar has represented debtors and creditors in some of the largest and most complex restructurings of the past decade. In particular, Mr. Kotliar has substantial experience representing debtors, secured and unsecured creditors, equity holders, foreign representatives, asset purchasers, investors and others in connection with in- and out-of-court restructurings and other distressed situations. He also has significant experience with bankruptcy litigation, including with respect to obtaining confirmation of chapter 11 plans of reorganization and liquidation, approval of contested debtor-in-possession (DIP) financing facilities, approval of contested section 363 sales, and recognition of foreign proceedings in chapter 15 cases. Mr. Kotliar was recently named to the 2022 Best Lawyers: Ones to Watch list for his work in the category of "Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law in New York City.
About Bryan M. Kotliar
Current Employment Position(s)
- Partner
Practice Areas
- Bankruptcy
Representative Cases
- Represents Latin America’s leading airline, LATAM Airlines Group S.A. and its affiliated debtors in their U.S. chapter 11 proceeding.
- Represented a small cruise ship company in connection with its out-of-court restructuring.
- Represented The McClatchy Company and its affiliated debtors in their U.S. chapter 11 proceeding.
- Represented the nation’s leading operator and franchisor of steakhouses and brewery and craft-beer focused casual dining restaurants in the U.S. in its chapter 11 proceeding.*
- Represented a Chicago-based health care technology company in negotiating a comprehensive out-of-court restructuring with equity investors and ad hoc group of secured lenders.*
- Represented the court-appointed insolvency trustee for a Dutch telecommunications company in the prosecution of a contested chapter 15 petition.*
- Represented a global rare earths and rare metals mining and processing company in connection with its dual-track chapter 11 proceeding for a sale of substantially all of its assets and/or a plan of reorganization.*
- Represented a global wireless telecommunication provider in its contested chapter 11 proceedings, including with respect to obtaining approval for DIP financing and confirming a plan of reorganization.*
- Represented a US-based clothing retailer in connection with obtaining approval of its DIP lending facility to fund its chapter 11 proceedings and sale process.*
- Represented a US-based clothing retailer in connection with its chapter 11 proceedings and sale of substantially all of its assets.*
- Represented a mortgage loan origination and servicing company in connection with litigation arising in its contested chapter 11 proceedings as it related to validity and priority of certain secured and unsecured creditors' liens and claims and valuation of collateral, among other issues.*
- Represented a prepetition, post-petition and exit lender and agent under various warehouse lending arrangements with a mortgage loan origination and servicing company that restructured pursuant to contested chapter 11 proceedings.*
- Represented an equity sponsor in connection with the chapter 11 cases of one of its portfolio companies, a global operator of ultra-deepwater drillships, that resulted in a mediated chapter 11 plan of reorganization.*
Qualifications
Bar Admissions
- New York
- U.S. District Court Southern District of New York
- U.S. Bankruptcy Court Eastern District of New York
Other Affiliations
- American Bankruptcy Institute (member since 2011)
- Duberstein Moot Court Competition, Volunteer Brief Grader & Judge (since 2013)
- Turnaround Management Association (member)
- Young Catholic Renewal (board member)
Past Positions
- Skadden, Arps, Slate, Meagher & Flom LLP
- Jones Day
- Curtis, Mallet-Prevost, Colt & Mosle LLP
- Securities & Exchange Commission, Division of Enforcement (Bankruptcy) (Legal Externship)
Education
- St. John's University School of Law, 2012
J.D.
Honors: cum laude
Honors: St. Thomas Moore Scholarship
Honors: Research Assistant for Professor Keith Sharfman
Law Journal: American Bankruptcy Institute Law Review, Articles & Notes Editor - St. John's University, New York, New York, 2009
B.S.
Articles
Published Works
- Kyle J. Ortiz, Bryan M. Kotliar, and Jared C. Borriello, “SDNY Bankruptcy Court Holds Attorney Client Retainer Sufficient for Chapter 11 Eligibility Purposes and Rejects Alleged Bad Faith Filing”, ABI Litigation Committee, Summer, 2022
- Frank A. Oswald, Bryan M. Kotliar, John C. Gallego, “Limitations on Business Judgment? The Intersections of §§ 363(b), 365 and 503(b) for Paying Creditors’ Professional Fees,” ABI Journal, March 2021
- "New Trends Emerge for 'Consensual' Third-Party Releases in the Southern District of New York and District of Delaware, Skadden’s 2020 Insights"
- "U.S. Supreme Court Holds that Bankruptcy Companies Cannot Rescind Trademark Licenses, Skadden Client Memorandum", May, 2019
- "Second Circuit Issues Key Cramdown Interest Rate Ruling, Business Restructuring Review", November/December, 2017
- "LCI Holding: DOJ Fails in its Challenge to Sale, Distressed Mergers & Acquisitions, New York Law Journal, Corporate Update" (assisted), October, 2015
- "Successor Liability: GM Sale Vulnerable on Due Process Failures, Distressed Mergers & Acquisitions, New York Law Journal, Corporate Update" (assisted), June, 2015
- "Texas District Court Affirms Bankruptcy Court’s Use of Claim Estimation Process, Business Restructuring Review", July/August, 2015
- "A New Reading of the Ordinary Course of Business Exception in Section" (student note), 547(c)(2), 21 Am. Bankr. Inst. L. Rev. 211, 2013
Office Information
Address
One Penn PlazaSuite 3335 New York, NY 10119
Phone
Websites
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