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KevinNewman

Partner

"I constantly strive to provide clients with timely, practical solutions that are tailored to meet their business goals."

Overview

Biography

Kevin primarily concentrates his practice on commercial restructuring, bankruptcy, and real estate matters. He has extensive experience handling pre-bankruptcy counseling, bankruptcy cases, and commercial-lease negotiation, preparation, and enforcement. His practice also involves bankruptcy litigation, including preference and other avoidance actions and claim objections.

Kevin represents commercial real estate developers, trade vendors, lenders, and others in bankruptcy cases in New York State and across the country. He has been actively involved in many of the large retail cases filed during the last 32 years.

Bar Associations

  • Central New York Bankruptcy Bar Association, Former President
  • New York State Bar Association, Former Bankruptcy Committee of Business Law Section Chair
  • Northern District of New York Federal Court Bar Association

Selected Memberships & Affiliations

  • International Council of Shopping Centers
Experience

Representative Experience

  • Represents commercial landlords in bankruptcy cases filed by Ascena Retail Group, Inc.; Belk, Inc.; Brooks Brothers Group, Inc.; Christopher & Banks Corporation; Francesca’s Holdings Corporation; GNC Holdings, Inc.; Guitar Center, Inc.; the Hertz Corporation; J.C. Penney Company, Inc.; Modell’s Sporting Goods, Inc.; New York & Company; Pier 1 Imports, Inc.; Stage Stores, Inc.; Stein Mart, Inc.; the Men’s Warehouse, Inc.; Jos. A Bank Clothiers, Inc.; Tuesday Morning, Inc.; Sears, Roebuck and Co.; Toys “R” Us, Inc.; Forever 21, Inc.; rue21, Inc.; Sports Authority, Inc.; Gander Mountain Company; the Great Atlantic & Pacific Tea Company, Inc.; Gordmans Stores, Inc.; hhgregg, Inc.; Payless ShoeSource, Inc.; Gymboree Retail Stores, Inc.; RadioShack Corporation; Goody’s Family Clothing, Inc.; Circuit City Stores, Inc.; Limited Stores, LLC; Styles For Less, Inc.; and Avenue Stores, LLC.
  • Represented secured creditors, including municipalities, in bankruptcy cases and successfully challenged motions to use cash collateral, plans, and disclosure statements.
  • Represented commercial landlords in bankruptcy cases and successfully opposed debtor-in-possession financing motions, bidding procedures, and sale/lease assignment motions; motions to extend time to assume or reject leases; plans; and disclosure statements.
  • Represented secured creditors and commercial landlords in bankruptcy cases and successfully prosecuted motions for relief from the automatic stay.
  • Represented commercial landlords in bankruptcy cases and successfully prosecuted motions to compel assumption or rejection of leases and surrender leased premises.
  • Represents landlords of 143 stores in Ascena Retail Group, Inc. bankruptcy cases.
  • Represents landlords of 83 stores in GNC Holdings, Inc. bankruptcy cases.

Prior Experience

  • Menter, Rudin & Trivelpiece, P.C., Shareholder

Selected Community Activities

  • Central New York Society for the Prevention of Cruelty to Animals, Volunteer
  • St. Mary’s Church, Volunteer

Selected Honors

  • Selected to Super Lawyers Upstate New York: Bankruptcy: Business, 2017-2019
  • Martindale-Hubbell AV Preeminent Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability, 2011-2019
Knowledge

Selected Speaking Engagements

  • International Council of Shopping Centers US Shopping Center Law Conference “Bankruptcy Basics in a Season of Viral Disruption”
  • International Council of Shopping Centers US Shopping Center Law Conference, “Retail Chapter 11s – Quick Moving Cases and First Day Hazards”
  • Capital Region Bankruptcy Bar Association and Central New York Bankruptcy Bar Association 20th Annual Bankruptcy Conference, “Leases in Business Cases, Large and Small: Asset or Liability?”
  • International Council of Shopping Centers US Shopping Center Law Conference, “Lease Issues in Bankruptcy – Control/Getting Paid/Claims”
  • International Council of Shopping Centers US Shopping Center Law Conference, “The Sale of Lease Designation Rights in Bankruptcy: Sleeping Giant or Paper Tiger?”

Selected Publications & Media

Selected Alerts & Blog Posts

Featured Media

Alerts

Eighth Circuit Rules in Favor of Insurer in First Appellate Decision Involving COVID-19 Business Interruption Coverage

Alerts

American Rescue Plan Act: Initial New York State Spending Plan, New York State Then Subverts Federal Assurances

Alerts

Education Department's Office for Civil Rights Issues Q&A on Title IX Sexual Harassment Regulations

Alerts

New York State Office of Renewable Energy Siting Regulations Challenged by Host Communities and Local Interest Groups

Alerts

New York State Department of Labor Issues HERO Act Guidance

Alerts

US Department of Education Applies Bostock v. Clayton County to Title IX Enforcement

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