Bryan Kotliar

Bryan Kotliar

Location:
New York, New York
Phone:
212-594-5000
Fax:
212-967-4258
Email:

Mr. Kotliar has represented debtors, creditors, and other parties in interest in some of the largest and most heavily contested restructurings of the past decade.  In particular, Mr. Kotliar has substantial experience representing debtors, secured and unsecured creditors, equity holders, foreign representatives, asset purchasers, investors and others in connection with in- and out-of-court restructurings and other distressed situations. He also has significant experience with bankruptcy litigation, including with respect to obtaining confirmation of Chapter 11 plans of reorganization and liquidation, approval of contested debtor-in-possession (DIP) financing facilities, and recognition of foreign proceedings and foreign representatives in Chapter 15 proceedings.

Areas of Practice

  • Bankruptcy

Bar Admissions

  • New York
  • U.S. District Court Southern District of New York
  • U.S. Bankruptcy Court Eastern District of New York

Education

  • St. Johns University Law School
    • J.D. cum laude - 2012
  • St. John's University, New York, New York
    • B.S. - 2009
    • Major: Finance

Published Works

  • New Trends Emerge for “Consensual” Third-Party Releases in the Southern District of New York and District of Delaware, Skadden’s 2020 Insights
  • U.S. Supreme Court Holds that Bankruptcy Companies Cannot Rescind Trademark Licenses, Skadden Client Memorandum (May 2019)
  • Second Circuit Issues Key Cramdown Interest Rate Ruling, Business Restructuring Review (November / December 2017)
  • LCI Holding: DOJ Fails in its Challenge to Sale, Distressed Mergers & Acquisitions, New York Law Journal, Corporate Update (October 22, 2015) (assisted)
  • Successor Liability: GM Sale Vulnerable on Due Process Failures, Distressed Mergers & Acquisitions, New York Law Journal, Corporate Update (June 25, 2015) (assisted)
  • Texas District Court Affirms Bankruptcy Court’s Use of Claim Estimation Process, Business Restructuring Review (July / August 2015)
  • A New Reading of the Ordinary Course of Business Exception in Section 547(c)(2), 21 Am. Bankr. Inst. L. Rev. 211 (2013) (student note)

Representative Clients

  • Represented the nation’s leading operator and franchisor of steakhouses and brewery and craft-beer focused casual dining restaurants in the U.S. in its Chapter 11 proceeding.
  • Represented a Chicago-based health care technology company in negotiating a comprehensive out-of-court restructuring with equity investors and ad hoc group of secured lenders.
  • Represented the court-appointed insolvency trustee for a Dutch telecommunications company in the prosecution of a contested Chapter 15 petition.
  • Represented a global rare earths and rare metals mining and processing company in connection with its dual-track Chapter 11 proceeding for a sale of substantially all of its assets and/or a plan of reorganization.
  • Represented a global wireless telecommunication provider in its contested Chapter 11 proceedings, including with respect to obtaining approval for DIP financing and confirming a plan of reorganization.
  • Represented a US-based clothing retailer in connection with obtaining approval of its DIP lending facility to fund its Chapter 11 proceedings and sale process.
  • Represented a US-based clothing retailer in connection with its Chapter 11 proceedings and sale of substantially all of its assets.
  • Represented a mortgage loan origination and servicing company in connection with litigation arising in its contested Chapter 11 proceedings as it related to validity and priority of certain secured and unsecured creditors' liens and claims and valuation of collateral, among other issues.
  • Represented a prepetition, post-petition and exit lender and agent under various warehouse lending arrangements with a mortgage loan origination and servicing company that restructured pursuant to contested Chapter 11 proceedings.
  • Represented an equity sponsor in connection with the Chapter 11 cases of one of its portfolio companies, a global operator of ultra-deepwater drillships, that resulted in a mediated Chapter 11 plan of reorganization.

Professional Associations and Memberships

  • American Bankruptcy Institute (member since 2011)
  • Duberstein Moot Court Competition, Volunteer Brief Grader & Judge (since 2013)
  • New York City Bar Association (member since 2014)