Allen focuses his practice in the areas of corporate crisis management, complex transactions, Chapter 11 restructurings, workouts, creditors’ rights, business law and business litigation. His clients include distressed and non-distressed businesses in transition, corporate borrowers in debt transactions, debtors, creditors, lenders, vendors, fiduciaries, purchasers, investors, committees, professionals and others in- and out-of-court.
Allen represents parties involved with reorganization and restructuring issues in a wide range of industries, including airline, arts and entertainment, automotive, communications, construction, e-commerce, electronics, energy, environmental, fashion, financial services, food and beverage, gaming, healthcare, investment capital, jewelry, manufacturing, media, oil and gas services, real estate, retail, sports, technology and transportation.
Allen is a qualified mediator, certified by the American Bankruptcy Institute/St. John’s University School of Law, and is an approved mediator for the United States Bankruptcy Courts for the Southern and Eastern Districts of New York. Allen has conducted mediations in, among others, the SunEdison and Madoff mega-cases.
Allen served as a law clerk to the Hon. Manuel D. Leal, Jr., of the United States Bankruptcy Court for the Southern District of Texas at Houston.
Representative Experience
Borrower/Debtor In- and Out-of-Court
- BVI based, internationally financed, New York holder of 150-building enterprise in Chapter 11 as co-counsel and conflicts counsel
- Entertainment venue in Chapter 11 case focused on Covid 19-era construction dispute
- Office building and rent-stabilized building portfolios in sales under Chapter 11 plans
- Cash machine and security conglomerate in receivership and Chapter 11
- Thirty-store retail chain in workout with lender
- International high-end jewelry business in successful out-of-court restructuring with support of lender
- Health and weight-loss industry business in crisis management, litigation and out-of-court workout with creditors and restoration to liquidity
Chapter 11 Creditors’ Committee
- Official committee of unsecured creditors in Chapter 11 of environmental not-for-profit
- Official committee of unsecured creditors in a New York real estate reorganization
- Official committee of unsecured creditors of New York City taxi medallion owners in Chapter 11
Acquisition Through Chapter 11
- Chapter 11 acquisition of retail sports chain brands in competitive auction process
- Fashion manufacturer and retailer in the acquisition, through Chapter 11, of a couture brand
- Not-for-profit healthcare organization in Chapter 11 acquisition of healthcare facility
- Chapter 11 acquisition of commercial real estate in competitive auction process
Lender
- Private lender in litigation and workout with high-end New York apparel retailer
- Lead transaction party and secured creditor in oil and gas production Chapter 11 restructuring resulting in ownership of assets
Involuntary Bankruptcy
- Construction firms in involuntary Chapter 11 against name-brand obstacle course enterprise resulting in court-approved sale
- Assignees in Florida distillery and New York radio content proceedings in defeating involuntary Chapter 11 petitions
Liquidation
- Assignees in New York and Delaware assignment for the benefit of creditors proceedings
- Roll-up wine distributorship in UCC Article 9 transaction
- High profile pet-industry not-for-profit association in the distress and wind-down of its wholly-owned retail chain subsidiary
- Name-brand professional talent management firm in assignment and liquidation
- Distressed subscription-box business in out-of-court sale
Creditor
- Institutional parties in diocese Chapter 11 cases
- School district in multi-party, multi-million-dollar tax abatement dispute in high profile Chapter 11 case
- National cell tower owner in nation-wide media Chapter 11 restructurings
- CEO of a multi-billion-dollar education publisher in its Chapter 11 reorganization, former CEO of billion-dollar communications enterprise in its Chapter 11 reorganization, and principal and CEO of construction enterprise in its Subchapter V reorganization
- Ad hoc group of former partners of national law firm in crisis and potential Chapter 11
- Commercial landlords in Chapter 11 cases
- Professionals in Chapter 11 cases in retention and fee disputes
Bet-the-Company/High Stakes Litigation
- Investment fund in successful federal copyright infringement litigation involving failed media enterprise
Professional and Community Involvement
- Member, Board of Directors, American Bankruptcy Institute
- Global Trustee, Turnaround Management Association (NYC Chapter Chairman, 2016; NYC Chapter President, 2015)
- Member and Board Member Emeritus, workOUT Professionals
- Member, New York City Planning Committee, Roadways to the Bench, 2023
- Member, American Bar Association
- Member, New York State Bar Association
- Member, Association of the Bar of the City of New York
Select Articles
- “US Supreme Court Enhances Creditor Protections by Prohibiting Discharge of Fraudulently Incurred Debt of Innocent Partner,” Archer Client Advisory (March 2023)
- “An Interview with Bankruptcy Judge Maureen Tighe,” ABI Journal (April 2022)
- “ABI’s Diversity Program Hosts Meeting on Work/Life Balance,” ABI Journal (April 2022)
- “TMA Aims To Improve The Turnaround Industry’s Relationship With DE&I,” ABF Journal (April 2021)
- “Creditors Seek To Force Tough Mudder Into Bankruptcy,” Law360 (January 2020)
- “NY Parents’ Ch. 7 Trustee Can Recoup Kids’ Tuition Payments,” Law360 (December 2018)
- “Buying a Distressed Business: A Winning Strategy,” The DAK Group (October 2018)
- “The Doctrine of Necessity After Law v. Siegel,” Norton Journal of Bankruptcy Law and Practice, Vol. 25, No. 3 (2016)
- “Practical Alternatives to a Bankruptcy Filing,” The Journal of Corporate Renewal (January/February 2016)
Past Speaking Engagements and Seminars
- Restructuring Boot Camp, Turnaround Management Association (May 2023)
- “FTX and the Future of Crypto,” The Samuel & Ronnie Heyman Center on Corporate Governance (November 2022)
- “Diversity, Equity & Inclusion Workshop: The Interplay of DE&I and ESG,” Turnaround Management Association – Annual Conference (November 2022)
- “Building Your Small Business in Challenging Times,” TMA NYC Virtual Pro Bono Event with WE NYC (May 2022)
- “A Primer on Gender Identity and Pronoun Usage,” American Bankruptcy Institute, Annual Spring Meeting (April 2022)
- Ted Gavin’s Business/Disrupted, The Tricky Business of Diversity & Inclusion (January 2022 episode)
- “Welcome to the Jungle: Music, Entertainment and IP,” Turnaround Management Association – Annual Conference (September 2019)
- “You Don’t Know What You’ve Got Till It’s Gone – Implications of Bankruptcy,” New York State Bar Association, Music Business and Law Conference (November 2017)
In the News
- “The Turnaround Report,” Turnaround Management Association (1/27/22)
- “Business/Disrupted,” Ted Gavin’s Radio Program (1/25/22)
- “TMA Aims To Improve The Turnaround Industry’s Relationship With DE&I,” ABF Journal (4/28/21)
- “Creditors Seek To Force Tough Mudder Into Bankruptcy,” Law360 (1/7/20)