Our People

David M. Banker

New York
(212) 259-7305
DBanker@CKRLaw.com
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BAR ADMISSIONS

New York
New Jersey
United States District Courts for the Southern, Eastern and Northern Districts of New York,
United States District Court for the District of New Jersey


AREAS OF PRACTICE

Bankruptcy/Financial Restructuring
Finance and Restructuring
Alternate Dispute Resolution
Asset Based Lending
Commercial Litigation
Breach of Contract and Business Torts


ACCREDITATIONS

St. John's University School of Law and the Hugh L. Carey Center for Dispute Resolution, Certificate of Completion - Bankruptcy Mediation 2014

EDUCATION

J.D. from New York Law School with cum laude

Bachelor of Arts from The George Washington University with magna cum laude in Criminal Justice


LANGUAGES

English

David focuses on creditors' rights in the context of complex bankruptcies, including providing counsel to unsecured creditors' committees, institutional trade creditors, plan trustees, investment funds, secured lenders, and lessors.  

Of note, he represented the unsecured creditors' committees in CST Industries, Noranda Aluminum, Borders Group, SP Newsprint, Gourmet Express, Chef Solutions, Advanced Marketing Services, Koen Book Distributors, Solaris Industries, and Xtera Communications.

David has considerable experience defending preference and fraudulent conveyance actions in numerous jurisdictions throughout the country. He is a certified mediator included on the register of mediators for the Southern District of New York and Delaware Bankruptcy Courts, and most recently served on the panels of mediators for the Loehmann's, Furniture Brands, GT Advanced Technologies, Vivaro, and WireflyMobile bankruptcy cases. He advises clients through all stages of the bankruptcy process, including pre-bankruptcy planning, negotiating the sale of claims, and defending claim objections. He represents the interests of secured creditors with respect to automatic stay litigation, adequate protection, cash collateral, and debtor-in-possession financing.

David also works extensively with lessors in negotiations over the terms of the assumption and cure of leases, adequate protection orders, and claims related to lease rejection.

David is frequently invited to author articles and lecture on legal issues including trade creditors' rights and remedies, and bankruptcy litigation.