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Bruce S. Nathan Partner Bruce S. Nathan Partner New York T: +1 212.204.8686 | F: +1 973.422.6851 [email protected] With more than 35 years of experience in the bankruptcy and insolvency field, Bruce is a recognized leader nationwide in trade creditor rights and the representation of trade creditors in bankruptcy and other legal matters. He has represented trade and other unsecured creditors, unsecured creditors' committees, secured creditors, and other interested parties in many of the larger Chapter 11 cases that have been filed. Bruce also handles letters of credit, guarantees, security, consignment, bailment, tolling, and other agreements and legal credit issues for the credit departments of institutional clients. Among his various legal recognitions, Bruce received the Top Hat Award in 2011, a prestigious annual award honoring extraordinary executives and professionals in the credit industry. He was co-chair of the Avoiding Powers Committee that worked with the American Bankruptcy Institute's (ABI) Commission to Study the Reform of Chapter 11, participated in ABI's Great Debates at their 2010 Annual Spring Meeting–arguing against repeal of the special BAPCPA protections for goods providers and commercial lessors–and was a panelist for a session sponsored by ABI. He is a frequent presenter at industry conferences throughout the country, as well as a prolific author regarding bankruptcy and creditors' rights topics in various legal and trade publications. Bruce is a co-author of "Trade Creditor’s Risk-Mitigation Tools and Remedies Manual," published by ABI in 2019. He has also contributed to ABI Journal and is a former member of ABI's Board of Directors and former co-chair of ABI's Unsecured Trade Creditors Committee. HONORS & AWARDS MFM-BCCA Rainmaker Award (2018) Recognizing members of the Media Financial Management Association whose efforts and contributions have aided the association's growth New York Super Lawyers (2012-2017) Recognized for Bankruptcy work NEWS & INSIGHTS Publications September 2021 "The ‘Home Field’ Venue Defense to Small Preference Claims: Going, Going, Gone?," Business Credit Bruce S. Nathan, Michael Papandrea August 2021 "Electricity: It’s Electric! It’s Shocking! But Is It a Good?," Business Credit Bruce S. Nathan, Michael Papandrea Q2 2021 "Can a Claim Transferee “Wash” the Claim From Disallowance Risk? Another Chapter in the Firestar Saga," Perspective by CRF Bruce S. Nathan, Scott Cargill, John P. Schneider July 2021 "Third Circuit Rejects Triangular Setoff: The Feeling Is Not Mutual," Business Credit Bruce S. Nathan, Michael Papandrea June 1, 2021 "Preference Defense in the Wake of the Pandemic: A Primer," Lowenstein Sandler LLP Bruce S. Nathan, Andrew Behlmann, Michael Papandrea, Arielle B. Adler May/June 2021 "Second Circuit Dismisses Appeal of Critical Vendor Order in Windstream Holdings," Business Credit Bruce S. Nathan, Michael Papandrea March/April 2021 "Additional Preference Protection in Recent Stimulus Legislation: Reality or Illusion?," Business Credit Bruce S. Nathan, Eric Chafetz, Michael Papandrea Q1 2021 "The Recent COVID-19 Legislation’s Bankruptcy Code Amendments of Interest to Trade Creditors," Perspective by CRF Bruce S. Nathan, Michael Papandrea February 2021 "A Primer on Selling Bankruptcy Trade Claims," Business Credit Bruce S. Nathan, Scott Cargill January 1, 2021 "Reclamation Rest in Peace? The Eighth Circuit Will Soon Weigh in," Business Credit Bruce S. Nathan, Michael Papandrea November/December 2020 "Bankruptcy Court Chooses Dismissal Over Conversion Based on the Support of the Debtor and All Key Creditors," Business Credit Bruce S. Nathan, Michael Papandrea October 2020 "Critical-Vendor Status: An Additional Preference Defense?," ABI Journal Bruce S. Nathan, Scott Cargill, John P. Schneider September/October 2020 "Critical Vendor Treatment May Not Absolve Trade Creditors from Preference Risk," Business Credit Bruce S. Nathan, Michael Papandrea July/August 2020 "Claims Buyers Beware: Your Shiny New Claim May Face Avoidance Risk," Business Credit Bruce S. Nathan, Michael Papandrea June 2020 "A Victory Notched for Critical Vendors in Windstream Holdings," Business Credit Bruce S. Nathan, Michael Papandrea May 28, 2020 "A Business Guide to Antitrust for Credit Professionals," Lowenstein Sandler LLP; The Credit Research Foundation Jeffrey Blumenfeld, Bruce S. Nathan May 2020 "Seventh Circuit Upholds Chapter 11 Secured Lenders’ Priority over Reclamation Claimants," Business Credit Bruce S. Nathan, Michael Papandrea 1Q 2020 "Consignment Done Right: Perfect and Notify for Enforceable Rights in Bankruptcy," The Credit & Financial Management Review (The Credit Research Foundation) Bruce S. Nathan, Scott Cargill, John P. Schneider April 1, 2020 "Preference Defense Primer Update: Diligence Can Pay Off!," Business Credit Bruce S. Nathan, Michael Papandrea April 1, 2020 "When Financial Stress Turns to Distress–Restructuring Tools to Avoid Disaster Parts 1 and 2: Chapter 11 Checklist and What Else Is in the Toolbox," Bankruptcy & Restructuring Department Kenneth A. Rosen, , Jeffrey Cohen, Jeffrey D. Prol, Andrew Behlmann, Eric Chafetz, , Michael S. Etkin, Robert M. Hirsh, Wojciech F. Jung, Bruce S. Nathan, Mary E. Seymour March 20, 2020 "Critical Checklists for Business Owners and Management to Mitigate Risk of Financial Distress During the COVID-19 Crisis," Bankruptcy & Restructuring Department Kenneth A. Rosen, , Jeffrey Cohen, Jeffrey D. Prol, Andrew Behlmann, Eric Chafetz, , Michael S. Etkin, Robert M. Hirsh, Wojciech F. Jung, Bruce S. Nathan, Mary E. Seymour March 2020 "Delaware District Court Affirms Bankruptcy Court’s Rejection of Triangular Setoff as Impermissible in Bankruptcy," Business Credit Bruce S. Nathan, Michael Papandrea February 2020 "Are Creditors with Partially Disputed Claims Eligible to Join an Involuntary Bankruptcy Petition? The Saga Continues…," Business Credit Bruce S. Nathan, Michael Papandrea January 2020 "Does the Equal Credit Opportunity Act Apply to Spousal Guarantors? The Eleventh Circuit Says No," Business Credit Bruce S. Nathan, Michael Papandrea November/December 2019 "The Importance of a Proper Collateral Description in a UCC Financing Statement," Business Credit Bruce S. Nathan, Michael Papandrea October 2019 "Cannabis and Banking...What You Need to Know as a Credit Executive," CRF White Paper Brief Jeffrey D. Prol, Bruce S. Nathan, Andrew Behlmann, Jeremy D. Merkin September/October 2019 "The Limits of Joint Check Agreements as a Risk Mitigation Tool," Business Credit Bruce S. Nathan, Eric Chafetz July/August 2019 "Consignment the Wrong Way: The Unfortunate Plight of the Unperfected Consignor," Business Credit Bruce S. Nathan, Michael Papandrea June 2019 "Unperfected Consignors Be Warned: You Could Lose Your Goods and Proceeds," Business Credit Bruce S. Nathan, Michael Papandrea May 2019 "Is the Preference New Value Defense Limited to Unpaid New Value? The Saga Continues," Business Credit Bruce S. Nathan, Michael Papandrea 1Q 2019 "Paid New Value Does Not Count as a Preference Defense – The Last Frontier," CRF News Bruce S. Nathan, Scott Cargill April 2019 "Are Creditors With Partially Disputed Claims Eligible to Join an Involuntary Bankruptcy Petition? Yes and No!," Business Credit Bruce S. Nathan, Michael Papandrea March 2019 "Consignment Without a UCC Filing? What Secured Lenders Know Can Hurt Them," Business Credit Bruce S. Nathan, Michael Papandrea March 2019 "Trade Creditor’s Risk-Mitigation Tools and Remedies Manual," American Bankruptcy Institute Bruce S. Nathan, Scott Cargill, Eric Chafetz, Lowell A. Citron, Theodore C. Sica, Marc S. Kurzweil February 2019 "Triangular Setoff Rights Again Don't Pass Muster in Bankruptcy," Business Credit Bruce S. Nathan January 2019 "Critical Vendor Defense to a Preference Claim? Not so Fast!," Business Credit Bruce S. Nathan 4Q 2018 "The Pitfalls of Using Browsewrap Agreements for E-Transactions," CRF News Bruce S. Nathan, Andrew Behlmann, Michael Papandrea November/December 2018 "Eleventh Circuit Approves Paid New Value Defense to Preference Liability," Business Credit Bruce S. Nathan, Michael Papandrea Q3 2018 "A U.S. Circuit Court of Appeals Sweetens Creditors' New Value Preference Defense," CRF News Bruce S. Nathan October 2018 "Rethinking Reclamation as a Trade Creditor Remedy," American Bankruptcy Institute Journal Bruce S. Nathan, Scott Cargill September/October 2018 "Nonconsensual Release of Claims Against Non-Debtor Guarantors Approved in Chapter 15 Case," Business Credit Bruce S. Nathan, Michael Papandrea July/August 2018 "Payment Pressure Can Be Hazardous to Your Ordinary Course of Business Preference Defense," Business Credit Bruce S. Nathan, Eric Chafetz June 28, 2018 "Prudent Collection Action May Be Hazardous to Your Preference Defense," CRF Special Educational Brief Bruce S. Nathan, Michael Papandrea June 2018 "Consignment the Wrong Way: Recovery Still Possible," Business Credit Bruce S. Nathan May 2018 "The Continuing Conflict Between Secured Lender and Reclamation Rights," Business Credit© Bruce S. Nathan 1Q 2018 "Trade Credit Insurance as Protection from Bankruptcy Preference Risk: Negotiating for the Broadest Coverage," CRF News Bruce S. Nathan April 2018 "Bankruptcy Court’s Stay of Litigations Against Non-Debtors: An Unusual Circumstance?," Business Credit© Bruce S. Nathan, Eric Chafetz March 2018 "A Creditor with a Partially Disputed Claim Risks Disqualification from an Involuntary Petition," Business Credit Bruce S. Nathan, Eric Chafetz February 2018 "A Chapter 11 Debtor's Right to Use Cash
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