Keith Costa

Biography

Keith has over 30 years of experience as a bankruptcy and corporate restructuring lawyer. He is the former assistant United States trustee for the Southern District of New York under United States Trustee Arthur J. Gonzalez. In addition to representing debtors and creditors, Keith has acted in a variety of fiduciary roles, including serving as Chapter 11 trustee and examiner and as counsel to official committees of unsecured creditors and corporate boards of directors.

Keith is a court-certified mediator for the US bankruptcy courts in New York State and Delaware, and he frequently serves as mediator or arbitrator in high-profile bankruptcy cases, such as the Madoff and Lehman Brothers bankruptcies.

Bar Associations

New York State Bar Association
Connecticut Bar Association

Selected Memberships & Affiliations

American Bankruptcy Institute, Member
Turnaround Management Association, Member
Law360 Bankruptcy Editorial Advisory Board, Former Member
Local Rules Committee of the US Bankruptcy Court for the District of Connecticut, Former Member

Representative Experience

Conducted Ponzi scheme liquidation work and receiverships (e.g., in the Madoff bankruptcy case and the Securities and Exchange Commission receivership cases of Wextrust and Platinum Partners).
Served as lead preference defense counsel in complex $9 million “clawback” lawsuit in RadioShack Corp. case.
Served as counsel to numerous official and ad hoc unsecured creditors’ committees.
Served as the Chapter 11 trustee for Action Redi-Mix Corp. (successful § 363 sale) and Dr. Howard Balensweig (succeeded in providing 100 percent distribution to all allowed unsecured creditors).
Served as the Chapter 11 examiner for Finne Brothers Refuse Systems, Inc.
Served as counsel to the board of directors of Global Capacity Group, Inc. (CGSY.OB).
Served as debtor’s counsel to Waterford Wedgwood USA, Tavern on the Green Restaurant, and New York Crane & Equipment Corp. (successfully confirming a plan of reorganization for 100 percent distribution plus interest to all allowed creditors).

Prior Experience

Faegre Drinker Biddle & Reath LLP, Partner
Otterbourg PC, Partner
Local, regional, and national law firms

Selected Community Activities

FBI Citizens Academy Alumni Association, Member
Shoreline Arts Alliance, Former Board of Directors Member
Princeton Youth Soccer Association, Former Board of Directors Member

Selected Honors

Selected to Super Lawyers New York Metro: Alternative Dispute Resolution, 2015–2021; Bankruptcy: Business, 2015–2022
United States Department of Justice US Trustee Program, Outstanding and Sustained Superior Performance Award, 1996
United States Attorney General’s Outstanding Performance Award, 1991

Selected Speaking Engagements

Credit2B, “The Involuntary Bankruptcy Petition: Is It a Sword or a Shield – Should It be Utilized or Avoided?” Webinar, Panelist
“Beware of Your Borrower’s Bankruptcy Case: Hidden Risks of a Customer’s Chapter 11 When Dealing With Distressed Commercial Real Estate Assets”

Selected Publications & Media

Collier on Bankruptcy (2014), “Chapter 88: Commodity Broker Liquidation (Bankruptcy Code §§ 761–767),” Contributing Author

Overview Experience Knowledge

American University, Washington College of Law, JD
University of Connecticut, BA, Honors Program Scholar

New York
District of Columbia

Alerts

Office of Cannabis Management Preview of NYS Adult-Use Cannabis Regulations

Moving Defendant Relying on a Complete Defense Need Not Disprove Every Exception

Red Flags That a Company May Be in Financial Trouble, Part 1

NYS Appellate Court Sustains College's Tenure Terminations

New Guidance for Adult-Use Retail Dispensaries in New York State

ADA Accessibility Lawsuits: Tester Plaintiffs—Deborah Laufer, Robert Petropoulos, Saim Sarwar, and Others—Targeting Massachusetts Businesses in Continued Flurry of Federal Lawsuits

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KeithCosta

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"Legal success is never an accident. It is the result of integrity, collaboration, commitment, and communication with clients to achieve their goals."

Biography

Bar Associations

Selected Memberships & Affiliations

Representative Experience

Prior Experience

Selected Community Activities

Selected Honors

Selected Speaking Engagements

Selected Publications & Media

Education

Practices & Industries

Admitted to Practice

Featured Media

Alerts

Office of Cannabis Management Preview of NYS Adult-Use Cannabis Regulations

Alerts

Moving Defendant Relying on a Complete Defense Need Not Disprove Every Exception

Alerts

Red Flags That a Company May Be in Financial Trouble, Part 1

Alerts

NYS Appellate Court Sustains College's Tenure Terminations

Alerts

New Guidance for Adult-Use Retail Dispensaries in New York State

Alerts

ADA Accessibility Lawsuits: Tester Plaintiffs—Deborah Laufer, Robert Petropoulos, Saim Sarwar, and Others—Targeting Massachusetts Businesses in Continued Flurry of Federal Lawsuits