Shareholder
Tel:
212.880.3800
Fax:
212.880.8965
Susan F. Balaschak is a shareholder in the Bankruptcy & Reorganization practice. Susan has experience in all aspects of business restructuring and reorganizations, with a principal focus on creditors' rights, asset sales, including 363 sales and strategic acquisitions, workouts, and business counseling. She has served as counsel to equity funds, portfolio companies, secured lenders, secured and unsecured creditors and to numerous official committees, including some of the largest complex Chapter 11 retail cases. Susan regularly represents clients in bankruptcy related litigation throughout the country.
Banking, Lending & Structured Finance
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Negotiated over $350 million debtor-in-possession financing, liens for the benefit of trade vendors; going out of business sales in store closures and, ultimately, the sale of the business.
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Representation of potential purchasers of assets pursuant to section 363 of the bankruptcy code.
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Representation of unofficial and official creditors' committees, out of court restructurings, secured lenders, equity funds, portfolio companies, and major vendors, suppliers, licensors, and licensees.
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Prosecution and defense of preference and fraudulent conveyance actions.
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Representation of the Creditors' Committee in the Nations leading mall-based and online specialty retailer, and 69 of its subsidiaries and affiliates with approximately $1.5 billion in annual sales and more than 1,244 stores, wholesale businesses and internet divisions in all 50 states, Puerto Rico and Guam.
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Oversaw the successful consummation of the plan of reorganization, including the settlement of over 500 potential and actual adversary proceedings and the reconciliation of in excess of a billion dollars in claims.
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Representation of potential purchasers of assets pursuant to section 363 of the bankruptcy code and plans of reorganizations.
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Super Lawyers Magazine 2007-2011, Listed in Corporate Counsel New York editions for Bankruptcy & Creditor/Debtor Rights
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ABI Journal, "Chapter 22s: Rehabilitation or Quick Fix"
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Daily Bankruptcy Review, Author, "The Changing Face of Creditors' Committees"
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The PriceWaterhouse Trade Credit Reporter, Co-Author, "Legal Perspective: Protecting Your Holiday Shipments"
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Journal of Bankruptcy Law and Practice, Co-Author, "Going out of Business Sales: Balancing the Interests of Landlords, Creditors, regulatory Agencies and the Public in Chapter 11 Retail Cases"
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Commercial Law and Practice, Co-Author, "Post-Petition Remedies-Trade Creditors"
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Ms. Balaschak has prepared and presented creditors' rights educational material at meetings of national credit organizations, regional credit associations and continuing legal education programs.
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Bankruptcy Law 360, Co-Author, "Losing the Bid: Philadelphia Newspaper Sale Dispute," August, 2010
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International Women's Insolvency and Restructuring Confederation, New York Chapter, Board Member
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New York State Bar Association, Member
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Texas State Bar Association, Member
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American Bankruptcy Institute, Member
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TMAssist Public Service Program (to help businesses affected by Hurricane Katrina), Member
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Turnaround Management Association, Public Relations Subcommittee, Member
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Law Clerk to the Honorable Prudence Carter Beatty, U.S. Bankruptcy Judge for the Southern District of New York
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Adelphia Corp. et al. (Special Debtors' Counsel, Bankr. SDNY)
Ames Department Store (Employees' Committee, Bankr. SDNY)
Bozel, S.A, et al. (Secured Lender, Bankr, SDNY)
Cynergy Data LLC, et al. (Purchaser, Bankr. DE)
Enron Corp., et al. (Major Vendor, Bankr. SDNY)
eToys, Inc. (Creditors' Committee, Bankr. DE)
FAO Schwartz, Inc. (Creditors' Committee, Bankr. DE)
Friedman's, Inc. (Joint Ventures, Bankr. DE)
Jamesway Department Stores (Creditors' Committee, Bankr. SDNY)
KB Toys, Inc. (Creditors' Committee, Bankr. DE)
Kmart Corporation (Equity Committee, Bankr. NDILL)
Neostar Retail Group a/k/a Babages, etc. and Software, etc. (Creditors' Committee, Bankr. NDTX)
Oasys Mobile, Inc. (Major Licensor, Bankr. SDNY)
Odyssey Petroleum Corp (U.S.) (Secured Lender, Bankr, SD Miss)
PC Service Source/Cylix Engineering Corp. (Creditors' Committee, Bankr. NDTX)
The Door Store (Creditors' Committee, Bankr, SDNY)
Video Game Exchange (Creditors' Committee, Bankr. Ohio)
Whitehall Jewellers, Inc. (Lender, Bankr. DE)
J.D., Benjamin N. Cardozo School of Law, 1985; Samuel Belkin Scholar, Cardozo Law Review
B.A., John Jay College of Criminal Justice, 1979; magna cum laude
New York
Texas
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©2013 Akerman Senterfitt, Akerman Senterfitt LLP. Attorney Advertising.
©2013 Akerman Senterfitt, Akerman Senterfitt LLP. Attorney Advertising.