Olshan Law: Attorney Profiles: Fredrick J. Levy

FREDRICK J. LEVY
Of Counsel / New York

Mr. Levy is counsel to Olshan in the Business Restructuring & Bankruptcy Group. His practice includes out-of-court restructuring, bankruptcy-related litigation and representing debtors, creditors and committees in all aspects of the bankruptcy process. Fred represents secured creditors and debtors with regard to the enforcement of security interests under Article 9 of the Uniform Commercial Code. This includes negotiating and effectuating "friendly foreclosures", the surrender of assets by underwater debtors in full satisfaction of the secured obligations. Another important and longstanding part of Fred's practice is the defense of preferential transfer suits in many of the large bankruptcy cases. He also prosecutes and defends other bankruptcy litigations such as actions to recover fraudulent transfers and for breach of fiduciary duty. In addition, Fred represents debtors in chapter 11 cases and assists in the liquidation of failed companies, overseeing the winding up of the debtor's affairs, the pursuit of claims against insiders, the reduction of all estate assets to cash and the rendering of distributions to creditors. Finally, Fred has represented many types of creditors and committees in various aspects of the bankruptcy process, from plan objections to a retiree committee. His practice is diverse in types of matters, clients and industries as well as geography, having appeared in bankruptcy courts not only in the Southern and Eastern Districts of New York but in Delaware, Houston, Miami, New Jersey, Pennsylvania and St. Louis as well as various state courts from New York to Texas.

Before joining the bar, Fred worked for 12 years in NYC Board of Education alternative high schools in the South Bronx as both a teacher and an administrator. He is now a volunteer in a NYC high school under the Pencil Program. He has served on the board of and worked with the University Settlement House, the oldest settlement house in the country, which serves low-income residents on the Lower East Side and elsewhere in New York City.

REPRESENTATIVE MATTERS
• Representation of Step One Credit Agreement Lenders in the Tribune Corporation bankruptcy case.

• Representation of senior secured creditors of Mooney Aircraft Co. in a friendly foreclosure and the current representation of the New Mooney.

• Representation of senior secured creditors of MSTI, a local cable provider, in a friendly foreclosure and the current representation of the New MSTI.

• Representation of major manufacturers such as Conair (Cuisinart), Groupe SEB (All-Clad/Krups/Rowenta), Bush Industries, Thomson Consumer Electronics (now known as Technicolor Inc,) and Waterpik in defense of substantial preferential transfer suits and claims objections in large retail bankruptcies including Linens 'n Things, Circuit City, National Wholesale and Fortunoffs (I and II). Also the representation of smaller manufacturers, wholesalers and media companies in such preference suits.

• Representation of the well-known New York businesses Basketball City and Burritoville as debtors in possession in the Southern District of New York.

• Representation of creditor interests in the in and out-of-court liquidations of Perry H. Koplik & Sons, Ganin Tire, Fountain Technologies and Luria & Sons and the Trustee of Regional Diagnostics in the Northern District of Ohio in his breach of fiduciary duty suit against former officers and directors.

• Representation of landlords in the Stock Building Supply bankruptcy seeking recoveries on their lease rejection claims not only from the debtor-tenant but also from the guaranteeing affiliate debtor whose case was not substantively consolidated with the debtor-tenant.

• Representation of the Official Retiree's Committee in the TWA bankruptcy and of the largest tax creditor in the Delta Airlines bankruptcy.

BAR ADMISSIONS
1987, New York
1988, U.S. District Court, Southern and Eastern Districts of New York

MEMBER
American Bankruptcy Institute
American Bar Association