Edward P. Zujkowski

Partner

New York Office

P: 212-238-3021

E: [email protected]

Education

Marist College (B.A., 1970)

Brooklyn Law School ( J.D., 1978)

Admissions

New York State, 1979
United States District Court for the Southern and Eastern Districts of New York, 1979
United States 6th Circuit Court of Appeals, 1984
United States 11th Circuit Court of Appeals, 1987
United States Supreme Court, 1990

Professional Activities

New York State Bar Association

American Bar Association, Business Bankruptcy Committee, Subcommittee on Indenture Trustees

Panelist and Lecturer – ABA Annual Meetings, Panel on Indenture Trustee Issues

Member, Loan Syndications and Trading Association

Edward P. Zujkowski

He is a Senior Partner in the Banking and Finance Group of Emmet, Marvin & Martin, LLP, with over 25 years of experience in bankruptcy and corporate reorganizations. He has particular expertise in representing indenture trustees and bondholder interests in complex Chapter 11 cases and out of court restructurings. He has also represented financial institutions in all aspects of bankruptcy litigation and related appellate practice.

Representative Matters

  • Represented an indenture trustee in connection with conflicting bondholder rights related to a case of first impression – the filing of a Chapter 11 case by a CDO seeking to modify the terms of existing CDO documents pursuant to a plan of reorganization.
  • Represented a large foreign banking institution in connection with a global settlement in the Lehman Case involving alleged preferences and fraudulent transfers, turnover demands, setoff rights and reimbursement claims.
  • Obtained a decision from the Delaware Bankruptcy Court regarding the ability of an indenture trustee, when faced with conflicting instructions from two groups of bondholders, to submit a credit bid at a Bankruptcy Code Section 363 sale.
  • Successfully litigated the recharacterization of a lease as a loan obligation in the Chapter 11 case of a large airline, resulting in a significantly improved recovery for bondholders.
  • Represented an indenture trustee in the repossession of aircraft pursuant to Bankruptcy Code Section 1110(c) and the defense of such action in anti-trust litigation instituted by the debtor in bankruptcy court, including obtaining a writ of mandamus from the Seventh Circuit Court of Appeals to vacate certain orders entered by the bankruptcy court.