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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 30 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 retail-bankruptcy cases filed by Sears, Roebuck and Co.; Toys “R” Us, Inc.; Forever 21, Inc.; rue21, Inc.; Sports Authority, Inc.; Bi-Lo, LLC; Gander Mountain Company; the Great Atlantic & Pacific Tea Company, Inc.; Gordmans Stores, Inc.; hhgregg, Inc.; Payless ShoeSource, Inc.; Gymboree Retail Stores, Inc.; Claire’s Stores, Inc.; RadioShack Corporation; Goody’s Family Clothing, Inc.; Simply Fashion Stores, Ltd.; Anna’s Linens, Inc.; Aèropostale, Inc.; Circuit City Stores, Inc.; Limited Stores, LLC; Styles For Less, Inc.; the Wet Seal Retail, Inc.; Linens ‘N Things, Inc.; Avenue Stores, LLC; and Bon Worth, Inc.
  • 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.

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, “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?”
  • New York State Bar Association Business Law Section Bankruptcy Law Committee Meeting, “Advising Distressed Businesses and Business Bankruptcy Cases”
  • 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

Featured Media

Alerts

New NYS Hemp Legislation Signed

Alerts

NY Green Bank and NY PSC: Energy Storage Updates

Alerts

House Judiciary Committee Advances MORE Act

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