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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

  • ICSC: Innovative Commerce Serving Communities
Experience

Representative Experience

  • Represents commercial landlords in bankruptcy cases filed by Rite Aid Corporation; YouFit Health Clubs, LLC; Ruby Tuesday, Inc.; Cineworld/Regal Cinemas; Party City Corporation; Bed Bath & Beyond, Inc.; Christmas Tree Shops, LLC; David's Bridal, LLC; Retailing Enterprises, LLC (Invicta Stores); Ascena Retail Group, Inc.; Belk, Inc.; Brooks Brothers Group, Inc.; CEC Entertainment, Inc.; Christopher & Banks Corporation; Francesca’s Holdings Corporation; GNC Holdings, Inc.; Guitar Center, Inc.; the Hertz Corporation; J.C. Penney Company, Inc.; L'Occitane, Inc., Modell’s Sporting Goods, Inc.; New York & Company; Pier 1 Imports, Inc.; Stage Stores, Inc.; Stein Mart, Inc.; Tailored Brands (Jos. A Bank, K&G, Men’s Wearhouse); 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, Pastoral Council

Selected Honors

  • The Best Lawyers in America®: Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and Commercial Litigation, 2022–2024
  • Martindale-Hubbell® AV Preeminent Peer Rated for Highest Level of Professional Excellence, 2011–2024
  • Selected to Super Lawyers Upstate New York: Bankruptcy: Business, 2017–2019
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 Media

Selected Alerts & Blog Posts

Selected Publications

Featured Media

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Compres, Sanchez, Fontanez, Pajaro, Garcia, and Jaquez—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Competello, Fernandez, Liz, Riley, and Trippett—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

CDPAP Providers Get First Look at the Future of CDPAP Without FIs

Alerts

New York State Fiscal Year 2025 Budget: Implications for Employers Unpacked

Alerts

Lab Providers Under Increased Scrutiny From Civil and Criminal Agencies for OTC COVID-19 Test Claims

Alerts

NYS Appellate Court Dismisses Claim Based on Material Misrepresentations in Insurance Application

We're Growing in DC!

We’re excited to announce Barclay Damon’s combination with Washington DC–based Shapiro, Lifschitz & Schram. SLS’s 10 lawyers, three paralegals, and four administrative staff will join Barclay Damon while maintaining their current office in DC’s central business district. Our clients will benefit from SLS’s corporate, real estate, finance, and construction litigation experience and national energy-industry profile, and their clients from our full range of services.

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