Gerard DiConza is a partner in the Bankruptcy, Restructuring and Insolvency Litigation Group at Archer. Gerry represents debtors, trustees, foreign liquidators, distressed buyers in Section 363 sales, chapter 11 plan fiduciaries and creditors, both in and out of court. Gerry has more than 20 years of experience in chapter 11 restructurings and representing estate fiduciaries in complex bankruptcy litigation. Gerry is currently litigation counsel to a chapter 11 trustee and foreign liquidators in charge of winding down a complex group of Cayman and BVI funds and other bankruptcy trustees in litigation involving issues of fraud, alter ego, breach of fiduciary duties, bad faith, fraudulent and preferential transfers. Gerry also counsels investment bankers, financial advisors and other professionals in connection with retention and payment issues under the Bankruptcy Code. Gerry frequently speaks on bankruptcy topics and is currently a lecturer on restructurings at the New York University School of Professional Studies.
Gerry received a B.B.A. in 1991 from Hofstra University and a J.D. with honors in 1994 from St. John’s University School of Law, where he was Editor-in-Chief of the American Bankruptcy Institute Law Review. Gerry received an LL.M. in corporate law from New York University School of Law in 1998. After graduating law school, Gerry served as law clerk to the Honorable Jeremiah E. Berk, United States Bankruptcy Judge for the Southern District of New York.
Articles and Presentations
- “Evading the Bankruptcy Code ‘Safe Harbor’ Provisions – Are State Fraudulent Transfer Laws Preempted?,” 26 Norton Journal of Bankr. Law and Practice, No. 6 (Dec. 2017)
- “Make Wholes: Have Bankruptcy Courts Identified the Yellow Brick Road Language that Leads to Creditor Oz?,” 25 Norton Journal of Bankr. Law and Practice, No. 4 (Feb. 2016)
- Panelist, “Engaging and Paying Contingency Counsel“, American Bankruptcy Institute, NYC Conference (May 2018)