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EricCharlton

Partner

"A good day is a day that includes collaborating with engaged clients and supporting team members to advance the client's interest."

Overview

Biography

With over 40 years of legal experience, Eric represents individual, business, banking, and utility clients in simple and complex commercial litigation matters. He handles the enforcement of security interests, including mortgage foreclosure, litigation, and practice under all articles of the Uniform Commercial Code; insolvency proceedings under both the US Bankruptcy Code and state law; and money judgment actions and collection. Eric also conducts evidentiary hearings and contested matters in bankruptcy courts, jury and non-jury trials in state and federal courts, and securities arbitration.

Eric has extensive experience handling every aspect of the bankruptcy process on behalf of creditors, litigants in adversary proceedings, and buyers of assets out of bankruptcy, including analyzing schedules and statements; preparing proofs-of-claim, cash collateral, and adequate protection motions; automatic-stay motion practice and sanctions litigation; negotiating and litigating over the adequacy of disclosure statements and plan treatment for secured and unsecured creditors; and defending preference-avoidance and fraudulent-transfer litigation.

Bar Associations

  • Central New York Bankruptcy Bar Association, Former President
  • New York State Bar Association
  • Northern District of New York Federal Court Bar Association

Selected Memberships & Affiliations

  • American Bankruptcy Institute
Experience

Representative Experience

  • Represented a biopharmaceutical company in adversary and claims-objection proceedings relating to the post-petition validity and post-rejection status of the sublicense of intellectual property in the sub-licensor's Chapter 11 bankruptcy case, resulting in settlement and retention of sub-license rights.
  • Conducted a non-jury trial on behalf of a professional engineering firm in a dispute over services rendered, resulting in a favorable decision and recovery of the full amount due plus attorney fees.
  • Represented a plastics manufacturer in a defense of a preference avoidance action in a bankruptcy involving a complex factual and legal ordinary course of business and new value issues, and a favorable settlement was reached on the eve of trial.
  • Represented a real estate-secured lender in a farmer’s Chapter 11 bankruptcy case, resulting in the appointment of a trustee and sale of collateral.
  • Represented a commercial bank in a contested evidentiary hearing on the confirmation of a proposed Chapter 13 bankruptcy plan by the debtors and owners of a recreational rental property to force a partial surrender of real estate collateral and modification of loan terms.
  • Represented a major-league sports team as a creditor in a general assignment for the benefit of creditors, including claims analysis and defense of preference claims.
  • Represented an accounting firm in a defense of an adversary proceeding in a bankruptcy case seeking avoidance of alleged preferential transfers and reached a favorable settlement during the pleading stage.
  • Represented the developer and owners in the successful workout of defaulted commercial loans, resulting in substantial discounted payoff and the retention of development property.
  • Represented a defense contractor as counter party to supply agreements in a federal court receivership, resulting in the preservation of contract rights and line of business continuity.
  • Represented an insurance agent in an arbitration hearing for unpaid commissions, resulting in a favorable decision, award, and recovery.
  • Defended a resident alien charged with violations of the Alien Tort Statute based on actions that took place in a foreign country.
  • Defended several employment-discrimination cases against employers.
  • Represented both plaintiffs and defendants in personal-injury and wrongful-death cases.

Prior Experience

  • Hiscock & Barclay, LLP, Partner

Selected Community Activities

  • Syracuse University Law School Moot Court and Trial Competitions, Volunteer Judge and Evaluator
  • Syracuse Reformed Presbyterian Church, Elder

Selected Honors

  • The Best Lawyers in America®: Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2020
  • Selected to Super Lawyers Upstate New York: Bankruptcy & Creditor/Debtor Rights 2007-2008 and 2010-2019; Commercial Litigation,  2007-2008 and 2010-2018
  • New York State Bar Association, Empire State Counsel, 2018
  • Martindale-Hubbell AV Preeminent Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability
Knowledge

Selected Speaking Engagements

  • National Business Institute, “Collections and the Enforcement of Money Judgments – Bankruptcy Issues” CLE
  • National Business Institute, “Fair Debt Collections Practices Act” CLE
  • New York State Bar Association, “Fair Credit Reporting Act” CLE
  • Central New York Bankruptcy Bar Association, “Automatic-Stay Litigation – Creditors’ Perspective” CLE

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