Alan J. Kornfeld

Alan Kornfeld is a senior litigation partner with more than 30 years of experience.  He is an accomplished trial attorney whose practice focuses primarily on complex commercial litigation matters.  Among other things, Mr. Kornfeld has tried numerous adversary proceedings in bankruptcy and federal district courts, has tried a diverse set of bankruptcy matters, including contested confirmations, DIP financing and cash collateral motions, sale motions, rejection motions, incentive plan motions and claim objections in bankruptcy courts, and has argued related appeals on multiple occasions in the Ninth Circuit, Third Circuit and Second Circuit.

Mr. Kornfeld’s areas of expertise include, among other things, in-depth claims investigations in major chapter 11 bankruptcies, the development of litigation strategies in complex, multi-party and often multi-jurisdictional disputes, and the successful prosecution of tort, contract and other claims through the entire pre-trial process, trial, and appeal.  At the same time, Mr. Kornfeld also is a highly skilled negotiator, with a proven track record of structuring and successfully negotiating sophisticated and creative settlements in a wide variety of contexts.

Mr. Kornfeld was selected for inclusion in the 2017-2020 editions of Best Lawyers in America for both Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and Litigation - Bankruptcy. He is a graduate of UCLA where he received his A.B. in 1976 and his J.D. in 1987. Mr. Kornfeld is admitted to practice in New York, California and the District of Columbia.

Representations

Lead trial counsel for a major body armor manufacturer, the debtor in a chapter 11 case filed in 2010, whose chapter 11 plan ultimately was confirmed in 2015 after years of litigation, with payment in full to unsecured creditors in 2019.  Handled a wide variety of litigation matters in bankruptcy court, federal district court and state court, including litigation with a class of securities fraud plaintiffs and litigation with the former officers of the debtor, and successfully argued related appeals in the Second Circuit and the Third Circuit.  Negotiated complex settlements with the class action plaintiffs and the U.S. Government, which resulted in the receipt of over $90 million in proceeds by the chapter 11 estate.

Lead trial counsel for the chapter 11 trustees of a California real estate investor and his privately-owned company.  Handled a variety of litigation matters, including litigation against the investor and his family members.  Obtained an $8 million judgment against certain defendants after trial in federal district court, successfully litigated against other defendants through expert discovery and dispositive motions in federal district court and negotiated a $15 million settlement on the eve of a jury trial, and obtained a $274 million judgment against the real estate investor in a non-dischargeability action.

Lead trial counsel for the creditors’ committee in the chapter 11 case of a California-based media company.  Conducted an in-depth investigation of claims against former officers and other parties, obtained standing for the committee to prosecute the claims, successfully negotiated settlements totaling in excess of $8 million with certain defendants, and successfully prosecuted the claims against the remaining defendants through extensive discovery and multiple dispositive motions.

Lead litigation counsel for the creditors’ committee in a major retail bankruptcy.  Developed strategies for resolving plan-related disputes with the private equity owner of the debtor and the debtor’s pre-petition lenders, and conducted a full-scale investigation into potential claims against the PE owner and lenders, resulting in plan concessions highly favorable to the debtor’s unsecured creditors.

Lead trial counsel for the debtor and post-confirmation litigation trust in the chapter 11 case of a premier automotive component manufacturer.  Handled various litigation matters against the former owners of the debtor, as well as numerous adversary proceedings against the recipients of fraudulent transfers from the debtor.  Commenced arbitration proceedings on behalf of a related entity, obtained a multi-million dollar award on cross-motions for summary judgment, and successfully negotiated a settlement with the defendant in excess of the amount of the arbitration award.

Lead trial counsel in Mortgage Lenders Network USA v. Wells Fargo Bank (Bankr. D. Del. 2009).  Obtained a trial verdict in excess of $2 million.

Lead trial counsel for the creditors' committees in DJK Residential (plan confirmation), LandSource Communities Development (DIP financing), Neff Corporation (plan confirmation), and Freedom Communications I (financing, professional retention, plan disputes).

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