Allen G. Kadish practices in the areas of corporate crisis management, complex transactions, Chapter 11 restructurings, workouts, creditors’ rights, business law and business litigation. His clients have included distressed and non-distressed businesses in transition, corporate borrowers in debt transactions, debtors, creditors, lenders, vendors, fiduciaries, purchasers, investors, committees and others in- and out-of-court. Allen has represented 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, gaming, healthcare, investment capital, jewelry, manufacturing, media, oil and gas services, real estate, retail, sports, technology and transportation.
Allen was 2016 Chairman and 2015 President of the Turnaround Management Association – New York Chapter and was a member of the global Board of Directors of the Turnaround Management Association for 2017-2018. Allen served as a co-chair for 2019 for the TMA Global Annual Conference Planning Committee, and served as a co-chair for 2019 and continues as a co-chair for 2020 for the TMA Global Turnaround and Transaction Awards Committee. Allen is a member of the American Bankruptcy Institute, the Association of the Bar of the City of New York, the New York State Bar Association and the American Bar Association. He is a member and board member emeritus of workOUT Professionals.
Allen received his B.A. in 1983 from Rutgers College and his J.D. in 1986 from the Benjamin N. Cardozo School of Law at Yeshiva University. Allen is admitted to practice in New York and New Jersey, the Southern and Eastern Districts of New York and the District of New Jersey.
Allen served as law clerk to the Hon. Manuel D. Leal, Jr., of the United States Bankruptcy Court for the Southern District of Texas at Houston (1986-88).
Allen represents or has represented, among others, several troubled privately held businesses in various industries; an investment fund in successful copyright infringement litigation involving a defunct media enterprise; three construction firms in prosecuting an involuntary Chapter 11 filing against a name-brand obstacle course enterprise leading to a court-approved sale; a Texas commercial landlord in a New Jersey Chapter 11 case; a 30-store retail chain in a workout with its lender; an international software developer in a Chapter 11 mega-case; an Illinois school district in the Sears Chapter 11 cases; a fashion manufacturer and retailer in the acquisition, through Chapter 11, of a couture brand; the lead transaction party and secured creditor in an oil and gas production restructuring; a not-for-profit New York office building in Chapter 11; an international high-end jewelry business in distress; a lessor of cell towers in two national media Chapter 11 restructurings; the ownership entities of 12 rent-stabilized buildings in Chapter 11; a distressed monthly subscription-box business in an out-of-court private sale; a high net worth individual in Chapter 11; a mechanic’s lien-holder in a Chapter 11 case; the official committee of unsecured creditors of New York City taxi medallion owners in Chapter 11; purchasers of New York City real estate out of Chapter 11; a not-for-profit healthcare organization in an acquisition of a community healthcare facility; lenders to a medical device manufacturer; the official committee of unsecured creditors of an environmental not-for-profit; a real estate consultant to a bankruptcy trustee; the official committee of unsecured creditors in a New York real estate reorganization; a wholesale travel agency in a claim dispute in the American Airlines bankruptcy; a group of former partners of a distressed law firm; the acquirer of rural New York real estate in a Delaware bankruptcy; a financial services firm in financing transactions; a jewelry retailer in business expansion; a healthcare consulting practice in financial distress; a Florida bank in the Lehman Brothers bankruptcy with a multi-million dollar swap investment; the receiver of distressed real estate in bankruptcy cases in successfully defeating an involuntary Chapter 11; a Florida Jai Alai enterprise in New York litigation with lenders; a commercial landlord in the Chapter 11 case of its restaurant tenant; the CEO of a multi-billion-dollar education publisher in the publisher’s Chapter 11 reorganization; the mortgage holder in the acquisition through Chapter 11 of New York commercial real estate; a national passport expediting business in reversing the suspension by the U.S. State Department of authority to operate; institutional investors with respect to bankruptcy issues implicated in a wind-farm acquisition; an international media conglomerate in respect of the financial distress of a domestic cable television subsidiary; a tech business on restructuring issues in bet-the-company litigation; the BVI liquidator of an international chemical manufacturer through a Section 363 sale and plan in Chapter 11; a national retailer as purchaser of apparel brands and mall leases out of Chapter 11; an international performing arts organization in structuring financing transactions; a financial services business in receivership and Chapter 11; the secured lender in a contested, involuntary, single-asset real estate case; an umbrella, not-for-profit arts organization in creating bankruptcy materials for members; a Florida medical group in bet-the-practice litigation with former partners; a New York City taxi industry contractor in the bankruptcy of a direct competitor; a New York restaurant group as defendant in complex avoidance actions; a post-confirmation plan fiduciary in claim and other post-effective date litigation; fiduciaries in assignment proceedings; receivers; and standing and specially appointed trustees and examiners in scores, and a wide variety, of cases.
Allen is also a qualified mediator having been certified by the American Bankruptcy Institute 40-hour bankruptcy mediation program at 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.
Awards and Recognition
- Named to New York Super Lawyers list for Bankruptcy (2016-2020)
Articles and Presentations
- “The Doctrine of Necessity After Law v. Siegel,” Norton Journal of Bankruptcy Law and Practice, Vol. 25, No. 3 (2016) [Adobe PDF, 106Kb] (co-author)
- “Practical Alternatives to a Bankruptcy Filing,” The Journal of Corporate Renewal, January/February 2016
- “The Chief Restructuring Officer’s Guide to Bankruptcy, Views from Leading Insolvency Professionals,” American Bankruptcy Institute, 2013 (co-author)
- “Lenders Armed with New Forbearance Options for LLCs,” The Journal of Corporate Renewal, September 2012 (co-author)
- “Using Chapter 9 as an Out-of-Court Restructuring Tool,” The Journal of Corporate Renewal, November/December 2011 (co-author)
- “Protecting the Corporate Creditor Under the Bankruptcy Code,” BNA’s Corporate Practice Series, 2010 ed., 2012 ed.
- Moderator, “Welcome to the Jungle: Music, Entertainment and IP,” Turnaround Management Association – Annual Conference, September 26, 2019, Cleveland, Ohio
- Panelist, “You Don’t Know What You’ve Got Till It’s Gone – Implications of Bankruptcy,” New York State Bar Association, Entertainment, Arts and Sports Law Section, Music Business and Law Conference, November 17, 2017, New York, New York
- Co-Presenter, “Court Preservation of Real Estate Assets: Receiverships and Bankruptcies,” National Law Institute, September 18, 2014, February 3, 2015, and October 29, 2015, New York, New York
- “Creditors Seek To Force Tough Mudder Into Bankruptcy“, Law360, January 2020
- “NY Parents’ Ch. 7 Trustee Can Recoup Kids’ Tuition Payments“, Law360, December 4, 2018
- “Buying a Distressed Business: A Winning Strategy“, The DAK Group, October 29, 2018
- Turnaround Management Association of New York City Announces 2015 Board of Directors (January 13, 2015)
- Turnaround Management Association – New York City Chapter Recognized for TMA Network of Women Program (July 1, 2015)
- TMA Weekly Report – Chapter President Spotlight: Allen Kadish, TMA New York City (July 20, 2015)