Edward Schnitzer focuses his practice on bankruptcy and reorganization matters. He has experience representing unsecured creditor committees, litigation and liquidation trustees, debtors, banks, equity committees, and creditors in all aspects of bankruptcy practice, with a particular focus on bankruptcy litigation, including the prosecution and defense of preferences, fraudulent transfers, and other avoidance actions, claims objections, and collection and turnover actions.
Ed is a court-approved mediator in the U.S. Bankruptcy Courts for the District of Delaware and the Southern and Eastern Districts of New York. He has mediated disputes in the Health Diagnostic, Standard Register, Borders, and WP Steel bankruptcy cases. He serves as the co-chair of the American Bankruptcy Institute’s Mediation Committee and frequently writes on bankruptcy mediation. Ed is also a member of the New York City Bar Association’s Pro Bono Bankruptcy Panel and has represented individuals in need of pro bono assistance in adversary proceedings.
Upon graduation from law school, Ed served as an Assistant District Attorney in the Bronx, where he briefed and argued appeals before the Appellate Division, New York Court of Appeals, Southern District of New York, and Second Circuit, as well as tried several cases and assisted with the prosecution of a first-degree murder trial. He then joined the Enforcement Division of the Securities & Exchange Commission, where he investigated violations of the Federal Securities Laws.
Representative Experience
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
Selected Committee Representations
- Representing the Creditors’ Committee in the Nashville Senior Care, LLC bankruptcy cases pending in the Middle District of Tennessee.
- Co-counsel to the Creditors’ Committee in the Novan, Inc. bankruptcy cases pending in Delaware.
- Representing the Creditors’ Committee in the Centerstone Linen Services bankruptcy pending in the Northern District of New York.
- Represented the Creditors’ Committee in the first Tuesday Morning bankruptcy in Dallas, Texas.
- Represented the Official Committee of Equity Security Holders in the Pyxus International, Inc. bankruptcy in Delaware.
- Represented the Creditors’ Committee in the Willowood USA Holdings bankruptcy pending in Colorado.
- Represented the Creditors’ Committee in the API Americas bankruptcy in Delaware.
- Represented the Creditors’ Committee in the Puglia Engineering bankruptcy in Tacoma, Washington.
Selected Trustee Representations
- Serving as special counsel to prosecute avoidance actions in the Insys opioid bankruptcy pending in Delaware.
- Representing the liquidating trustee in the Centerstone Linen Services bankruptcy pending in the Northern District of New York.
- Represented the litigation trustee in the Willowood USA Holdings bankruptcy pending in Colorado.
- Served as special counsel to prosecute avoidance actions in the Isolux Corsan bankruptcy pending in Texas.
- Served as special counsel to prosecute Chapter 5 claims on behalf of the Liquidating Trustee in the Dewey & LeBoeuf bankruptcy in the Southern District of New York.
- Represented the Plan Trustee in the prosecution of estate litigation claims in the Furniture Brands bankruptcy in Delaware.
Selected Creditor/Party-In-Interest/Mediator Representations
- Representing insurer in multiple Catholic Diocesan bankruptcies in New York and New Jersey bankruptcy courts.
- Advising creditors including factors, trade creditors, software developers, and insurer, in various bankruptcies and financially distressed situations.
- Representing U.K. liquidator in related U.S. bankruptcy pending in Delaware.
- Represented former officer seeking allowance of a late-filed employment discrimination in the Westinghouse bankruptcy in the Southern District of New York.
- Represented creditor seeking allowance of a late-filed claim in the Maxus bankruptcy in Delaware.
- Represented attorney in multiple disputes and discovery matters in federal district court in the Southern District of New York.
- Represented numerous creditors in the Sears & Kmart bankruptcies in the Southern District of New York, including negotiating critical vendor treatment, asserting reclamation rights, filing 503(b)(9) claims, asserting consignment rights, and negotiating sale of claims.
- Represented creditors/clients in the Westinghouse bankruptcy, including the assertion of reclamation, 503(b)(9), and lien rights in the Southern District of New York.
- Served on the panels of mediators for Draw Another Circle, Advance Watch, Quicksilver, Borders, and Health Diagnostic bankruptcy cases.
- Represented secured creditor in New Jersey bankruptcy case resulting in full recovery for the client.
Selected Avoidance Actions Defense Representations
- Representing factors in asserting claims and defending preference actions in various bankruptcies.
- Represented five defendants in mega-avoidance action filed by the J&M Chapter 7 trustee.
- Represented numerous trade creditors in defense of preference claims in the Décor bankruptcy pending in the Eastern District of New York.
- Represented former CFO, now a defendant in two adversary proceedings relating to a jewelry bankruptcy.
- Represented six clients/defendants in fraudulent transfer claims arising from the involuntary bankruptcy filing of a Long Island attorney running a Ponzi scheme.
- Defended various clients in avoidance actions in the Dots bankruptcy case seeking the avoidance and recovery of over $6 million in aggregate.
- Negotiated dismissal of ~$1.5 million avoidance action filed against creditor in the HMX bankruptcy.
- Represented defendants in various large bankruptcy cases, including Wet Seal, Loehmann’s, Marco Polo, HMX, Factory 2-U, Ames, National Wholesalers Liquidators, Circuit City, Metro Park, Fortunoff, and Value City.
Professional Engagement
- Fellow, Litigation Counsel of America
- American Bankruptcy Institute, Mediation Committee, Co-Chair (Former Co-Education Director and Co-Communication Manager)
Honors & Awards
- Named to The Lawdragon 500 Leading Bankruptcy & Restructuring Lawyers, 2023-present
- Selected to New York Super Lawyers (Thomson Reuters), 2023
- Recognized by the American Bankruptcy Institute (ABI) in “Best of ABI 2022: The Year in Business Bankruptcy” for his co-authored article, “Remedies for Refusing to Consummate a Settlement Agreement Reached at Mediation,” 2022
- Large Company Turnaround and Transaction of the Year Award, Turnaround Management Association, 2021
- Turnaround of the Year (Under $100MM) Award, The M&A Advisor, 2021
- Corporate Turnaround of the Year Award, Global M&A Network’s Turnaround Atlas Awards, 2021
- Received the ABI Committee Member of the Year Award for his contributions as Mediation Committee Co-Communications Manager, 2020
Thought Leadership
Selected Publications
- Co-Author, “What Happens When Co-Defendants Hold Divergent Interests?” ABI Journal, March 7, 2023
- Author, “Sometimes a Post-Petition Attorneys’ Fee Award Is Just a Valueless Post-Petition Claim,” ABI Journal, February 1, 2023
- Author, “Finding a Silver Lining for Factors in the Abeinsa Bankruptcy Case,” Commercial Factor, October 26, 2022
- Co-Author, “LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue,” Law360, June 22, 2022
- Co-Author, “Remedies for Refusing to Consummate a Settlement Agreement Reached at Mediation,” ABI Journal, April 4, 2022
- Author, “Crown Financial, LLC vs. Drivetrain, LLC Illustrates ‘Harsh’ Consequences for Lending to Unlicensed Contractors,” Commercial Factor, December 9, 2021
- Mentioned, “Quinn Emanuel Can’t Escape Insys Ch. 11. Suit Over Payments,” Law360, October 29, 2021
- Co-Author, “CFPB Adopts Strict Liability Standard for Debt Collectors Who Sue or Threaten Suit Over Time-Barred Debt,” The Temple 10-Q, April 30, 2021
- Co-Author, “Dismissal of Chapter 11 Case Calls Into Question Bankruptcy Protections for Cannabis Companies,” The Temple 10-Q, March 2021
- Noted, “Tuesday Morning Corporation: Judge Hale Blocks Aspects of Trade Claimants Committee’s Campaign for ‘No’ Votes on Tuesday Morning Plan, Grants Sanctions,” ReOrg, December 9, 2020
- Co-Author, “Rebutting the Presumption of Insolvency During a Pandemic,” ABI Journal, November 2, 2020
- Co-Author, “The Hypothetical Hits of Mediation,” ABI Journal, September 8, 2020
- Co-Author, “Maritime Bankruptcies in the US during the Coronavirus Pandemic: An Introduction for Creditors,” Client Alert (Montgomery McCracken), May 11, 2020
- Co-Author, “College & COVID-19: Students Bring Wave of Lawsuits Seeking Tuition Refunds,” Client Alert (Montgomery McCracken), April 29, 2020
- Co-Author, “You’ve Cut Costs, Laid Off, or Furloughed Employees. Now What?,” Client Alert (Montgomery McCracken), April 6, 2020
- Co-Author, “UPDATED – COVID-19 in New York: Essential Business, Law Firms, and State and Federal Courts,” Client Alert (Montgomery McCracken), April 2020
- Co-Author, “WARN Obligations In Light of COVID-19,” Client Alert (Montgomery McCracken), March 27, 2020
- Co-Author, “Business Disruption Due to COVID-19,” Client Alert (Montgomery McCracken), March 20, 2020
- Noted, “Laminates Maker API Americas Gets Nod For $6M Ch. 11 Sale,” Law360, March 25, 2020
- Author, “Bankruptcy Mediation,” Norton Journal of Bankruptcy Law and Practice, June 2019
- Co-Author, “Heightened Standard for Imposition of Civil Contempt Sanctions Arising from Violation of Discharge Order,” ABI Journal, December 2019
- Author, “To Report or Not to Report?,” ABI Mediation Committee Newsletter (Volume 4, Number 3), August 2018
- Author, “You Gotta Have Faith,” ABI Journal, July 2018
- Author, “Five Unusual Things About the Westinghouse Bankruptcy Case,” Nuclear Intelligence Weekly, April 2018
- “Westinghouse Offers ‘Rare’ 100% Payback,” Nuclear Intelligence Weekly, February 2018
- Co-Author, “Mediation: Mother, May I?,” ABI Bankruptcy Litigation Committee Newsletter (Volume 13, Number 3), June 2016
- Co-Author, “Bankruptcy Mediation,” ABI Book, Summer 2016
- Co-Author, “Can Trade Creditors Provide ‘Value’ In A Ponzi Scheme?,” ABI Journal, June 2015
- Co-Author, “A Practitioner’s Guide to Liquidation and Litigation Trusts,” ABI Book, Spring 2015
- Co-Author, “Pizza or Sausage? Determining the Relevant Industry for Ordinary Business Terms Under Bankruptcy Code § 547,” ABI Bankruptcy Litigation Committee Newsletter (Volume 10, Number 4), October 2013
- Co-Author, “Archway vs. Ames: Do Debtor’s Activities with Other Creditors Affect Subjective § 547(c)(2)(A) Safe Harbor?,” ABI Bankruptcy Litigation Committee Newsletter (Volume 8, Number 2), March 2011
- Co-Author, “May 20-Day Goods Qualify as an Administrative Expense under § 503(b)(9) and New Value?,” ABI Unsecured Trade Creditors Committee Newsletter (Volume 9, Number 1), February 2011
- Co-Author, “The Uncertain State of Rule 2019 Disclosure as Applied to Ad Hoc Committees,” ABA Bankruptcy & Insolvency Committee’s Bankruptcy Litigation Newsletter (Volume 16, Number 1), Fall 2010
- Co-Author, “An Analysis on Conflict Issues in Debtor Representation,” ABA’s 201 Practice Series: Beyond the Basics, 2010
- Co-Author, “Creditor and Creditor Committee Conflicts in Representation,” ABA’s 201 Practice Series: Beyond the Basics, 2010
Selected Speaking Engagements
- Moderator, Making the Mediation: What to Consider When Selecting the Neutral, ABI Winter Leadership Conference, December 1, 2023
- Co-Host, Reframing Mediation Podcast, American Bankruptcy Institute, July 2023 - Present
- Speaker, "The Nuts and Bolts of DIP Financing,” Financial Poise™ and West LegalEdCenter™, August 15, 2023
- Speaker, “The Nuts & Bolts of a Lift Stay Motion,” Financial Poise™ and West LegalEdCenter™, June 13, 2023
- Speaker, “The Nuts & Bolts of a Chapter 11 Plan,” Financial Poise™ and West LegalEdCenter™, May 2, 2023
- Moderator, “The Many Roles of a Neutral in Bankruptcy,” ABI Annual Spring Meeting, April 21, 2023
- Panelist, “Dear Connor & Ed: The Live Webinar Version,” ABI Webinar, March 14, 2023
- Speaker, “A Look Ahead at Insolvency in 2023,” American Bankruptcy Institute, February 15, 2023
- Speaker, “The Nuts & Bolts of DIP Financing,” Financial Poise™ and West LegalEdCenter™, July 12, 2022
- Speaker, “The Nuts & Bolts of a Lift Stay Motion,” Financial Poise™ and West LegalEdCenter™, June 7, 2022
- Speaker, “The Nuts & Bolts of a Chapter 11 Plan,” Financial Poise™ and West LegalEdCenter™, May 3, 2022
- Panelist, “Prepping for Success: The Keys to Maximizing the Mediation Process,” ABI Winter Leadership Conference, December 11, 2021
- Speaker, “Conflicts & Ethics in Bankruptcy Representation,” NYS Bar Association Annual Meeting, January 2010