Biographical Information:
David H. Stein is a shareholder and chair of the Creditors’ Rights and Bankruptcy Practice Group in the law firm of Wilentz Goldman & Spitzer, P.A. and concentrates his practice in the areas of commercial litigation, business reorganization, foreclosure litigation, asset recovery and judgment enforcement matters.
Mr. Stein has significant courtroom experience in the litigation of complex commercial matters, enforcement and priority of liens, claims and security interests and other commercial matters. His clients have included financial institutions, leasing creditors, creditors' committees, bankruptcy trustees, debtors, receivers, commercial landlords, and purchasers of distressed assets.
Mr. Stein’s representations have included:
Able Laboratories, Inc.: representation of the official unsecured creditors’ committee in the chapter 11 proceedings of a generic pharmaceutical manufacturer;
American Mortgage and Investment Services, Inc.: representation of secured creditors in the chapter 7 proceedings of a mortgage originator and servicer
Capital Resources, Inc.: representation of secured creditors in the chapter 11 proceedings of a mortgage originator and servicer
Great American Recreation, Inc.: representation of the board of directors in the chapter 11 proceedings involving seasonal recreation parks and ancillary facilities
Hang Ten (USA), Inc.: representation of a chapter 7 debtor in its bankruptcy proceedings that maintained in excess of 15 retail locations and a distribution center
Harvard Industries, Inc.: representation of the official unsecured creditors’ committee in the chapter 11 proceedings of a second tier automobile parts manufacturer
Kiwi Airlines, Inc.: representation of the chapter 7 trustee in the bankruptcy proceedings of a regional airline
Lana Lobell Farms, Inc.: representation of the post-petition lender and plan proponent in the chapter 11 proceedings of one of the largest standard bred horse breeding farms in the eastern United States
Manhattan Bagel Co.: representation of the senior secured lender in the chapter 11 proceedings of a national franchisor
Rockaway Bedding, Inc.: representation of the chapter 11 debtor that maintained in excess of 170 retail locations
Upsala College: representation of the chapter 7 trustee in the bankruptcy of an accredited four year college
U.S. Mortgage Corp.: representation of the official unsecured creditors’ committee in the chapter 11 proceedings of a of a mortgage originator and servicer
Zeta Consumer Products, Inc. (d/b/a Tucker Housewares): representation of the chapter 11 debtor that manufactured, on a national basis, durable housewares and consumer goods
Professional Activities:
Appointment, Juvenile Conference Committee, New Jersey Administrative Office of the Courts, 1996 2006
Appointment, District V A Ethics Committee, Supreme Court of New Jersey, 2000 2004
Essex County Bar Association
- Trustee, 2007 2010
- Co Chair, Debtor/Creditor Committee, 2004 2009
- Vice Chair, Debtor/Creditor Committee, 2003 2004
American Bankruptcy Institute
- Co Chair, Bankruptcy Taxation Committee, 2005 2009
Appointment, District V A Fee Arbitration Committee, Essex County, New Jersey, 2006 2008
Appointment, Vice Chair of the District V A Fee Arbitration Committee, Essex County, New Jersey, 2008-2009
Appointment, Chair of the District V-A Fee Arbitration Committee, Essex County, New Jersey, 2010
American Bar Association - Business Law Section
Commercial Law League of America
New Jersey State Bar Association - Debtor/Creditor Section
Turnaround Management Association
Union County Bar Association
Selected Publications:
Co Author, "Getting Relief for the Delinquent Taxpayer," published by the American Institute of Certified Public Accountants, 1995
Contributing Author, “Risks and Recoveries, Developments In Bankruptcy Law”, Duane Morris Annual Publication, 1997 - 2007
Selected Speaking Engagements:
Speaker, "Single Asset Real Estate Cases," Essex County Bar Association, Newark, NJ,
June, 1994
Speaker, "Environmental Issues in a Bankruptcy," New Jersey State Bar Association, Bankruptcy Section Bench/Bar Conference, East Brunswick, NJ, April, 1995
Speaker, "Avoidance Action Litigation," New Jersey State Bar Association, Bankruptcy Section Bench/Bar Conference, East Brunswick, NJ, April, 1996
Moderator, "Current Developments in Bankruptcy Taxation,” American Bankruptcy Institute, Washington, DC, April, 2005
Speaker, "The Intersection of Bankruptcy and Family Law," Essex County Bar Association, Newark, NJ, May, 2005
Moderator, "The New Bankruptcy Amendments," Essex County Bar Association, Newark, NJ, October, 2005
Moderator, "The IRS Reorganization Process, Tax Changes in the 2005 Bankruptcy Code Amendments and Income Taxes in the Year of Bankruptcy,” American Bankruptcy Institute, Washington, DC, April, 2006
Moderator, "Ethics and Professionalism in Bankruptcy Practice," Essex County Bar Association, Newark, NJ, November, 2006
Speaker/Moderator, “Chapter 11 Plans and Preservation of Net Operating Losses, Tax Implications of Liquidating Trusts and Current Issues,” American Bankruptcy Institute, Washington, DC, April, 2007
Speaker, “Current Developments in Bankruptcy Law,” Asian Indian Chamber of Commerce, Edison, NJ, February, 2008
Speaker, “Sale of a Distressed Healthcare Organization,” American Health Lawyers Association, San Francisco, CA, June, 2008
Moderator, "The Subprime Debt & Predatory Lending Crisis Facing the Courts," Essex County Bar Association, Newark, NJ, September, 2008
Speaker, “New Jersey Bankruptcy Practice,” Institute for Continuing Legal Education, New Brunswick, NJ, December, 2008
Speaker, “Surviving Rough Economic Times,” Woodbridge Metro Chamber Breakfast, Colonia Country Club, Colonia, NJ, February, 2009
Speaker, “Current Developments in Real Estate Bankruptcies,” Cushman & Wakefield of New Jersey, Inc., East Rutherford, NJ, February, 2009
Speaker, “Healthcare Bankruptcies,” NJSBA Health & Hospital Law Section, New Brunswick, NJ, March, 2009
Speaker, “Cross Examining an Expert,” 11th Annual Hon. William H. Gindin Bankruptcy Bench-Bar Conference, East Brunswick, NJ, April, 2009
Speaker, “New Jersey Bankruptcy Practice,” Institute for Continuing Legal Education, New Brunswick, NJ, June, 2009
Speaker, “Implications of a Distressed Healthcare Organization in Chapter 11,” New Jersey State CPA Society Insolvency Section at Ernst & Young in Metro Park, NJ, August, 2009
Speaker, “Current Developments Involving Single Asset Real Estate Bankruptcies,” New York University, Schack Institute of Real Estate, New York, NY, December, 2009
Speaker, “Bankruptcy, Workouts and Debt Restructuring for Lenders,” The Risk Management Association, Northern New Jersey Chapter, West Orange, NJ, January, 2010