Ken’s practice is focused primarily on commercial litigation matters and business disputes. Ken has a wide range of experience in both trial and appellate courts with particular expertise in representing banks, hedge funds and CMBS loan servicers in the enforcement of commercial mortgage loans. This work concerning commercial mortgage loans includes commercial mortgage foreclosures and related loan work-outs as well as enforcement of the rights of securitized trusts under Pooling and Servicing Agreements and Mortgage Loan Purchase Agreements. Ken has both prosecuted and defended loan put-back cases. Ken is also experienced in numerous other types of litigation including simple and complex contract disputes, commercial landlord-tenant disputes, corporate dissolution actions and derivative actions. Ken handles matters in both state and federal courts as well as in mediations and arbitrations.
A significant amount of Ken’s practice has focused on bankruptcy-related matters. Ken has represented numerous creditors in courts throughout the United States, including bankruptcy courts located in New York, New Jersey, Connecticut, Delaware, Missouri and California. In addition to appearing in numerous single-asset bankruptcy cases on behalf of lenders, most recently Ken has appeared on behalf of creditors in the General Growth Bankruptcy, the American Home Mortgage Bankruptcy, the Bill Blass Bankruptcy, the Delphi Automotive Bankruptcy, and the Fuller Brush Bankruptcy. In addition to representing secured creditors, Ken has also represented numerous preference claim defendants.
Recent representations include:
- Representation of an Ellington Management Group entity in obtaining a foreclosure judgment that was affirmed by the Second Circuit. In the same case, Ken obtained a deficiency judgment of over $7 million for his client. After engaging in various collection activities, including obtaining the appointment of a receiver for properties owned by related entities, the parties settled with Ellington collecting $4.9 million on its deficiency judgment.
- Representation of C-III Asset Management in its capacity as special servicer for a securitized trust in bankruptcy proceedings that led to a consensual plan which included a substantial portion of past due default interest, late fees and attorneys’ fees.
- Representation of lenders in numerous real estate work-outs.
- Representation of Park Enterprises, a parts supplier to Delphi Automotive, to obtain a very favorable settlement of a multi-million dollar preference claim.
- Representation of the majority owners of a small retail business in obtaining a consensual separation from the minority owners.