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David M. Posner

Partner
Vice Chair, Bankruptcy & Restructuring Department

New York
T: +1 212.419.5875 F: +1 212.262.7402 dposner@lowenstein.com
  • BIO
  • EXPERIENCE
  • HONORS & AWARDS
  • NEWS & INSIGHTS

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Leveraging a deep knowledge of reorganization proceedings and commercial litigation earned from over 25 years in the practice of creditor-focused advocacy, David Posner is highly sought after by companies, creditors’ committees, acquirers, financial institutions, and other significant parties-in-interest for his counsel on complex reorganizations and financially distressed situations, as well as disputes over debtor/creditor rights.  

David has represented the official committees of unsecured creditors in numerous Chapter 11 cases with $100 million or more in debt. His work spans such industries as retail, quick service restaurants, aviation, oil and gas, and financial services, among others. Over the course of his career, he has represented clients in the Chapter 11 bankruptcies of marquee brands such as Nine West, Gold’s Gym, American Apparel, Bon Ton Stores, Sbarro, and Reader’s Digest, to name a few. David is also highly knowledgeable in the areas of bankruptcy litigation, judgment enforcement, and bankruptcy appellate practice.

In addition to his work representing clients in reorganization proceedings, David has substantial commercial litigation experience in state and federal courts. He has tried both jury and non-jury trials in bankruptcy, state, and federal district courts.  

  • Represented unsecured noteholders in amendment to note purchase agreement with publicly traded cannabis company Leafly.
  • Represented the Official Committee of Unsecured Creditors in the Chapter 11 cases of a leading contract manufacturer and producer of baked foods, snacks, and nutrition bars. In re H-Food Holdings, LLC, et al. (Bankr. S.D. Tex.)
  • Currently represents the Official Committee of Unsecured Creditors in Chapter 11 cases of domestic e-commerce parcel and cross-border logistics services provider, a former subsidiary of Pitney Bowes. In re DRF Logistics, LLC et al. (Bankr. S.D. Tex.)
  • Currently represents the Official Committee of Unsecured Creditors in Chapter 11 cases of restaurant group operating the Tender Greens and Tocaya restaurant brands. In re One Table Restaurant Brands, LLC et al. (Bankr. D. Del.)
  • Represented an ad hoc crossover group of convertible noteholders in the Chapter 11 cases of a developer, manufacturer, and marketer of personalized, precision intraoral medical devices with approximately $50 million of debt. In re ProSomnus, Inc. et al. (Bankr. D. Del.)
  • Represented the official committee of unsecured creditors in Chapter 11 cases of upstream parts manufacturer for Boeing with over $100 million in secured and unsecured debt. In re TECT Aerospace Group Holdings, Inc. (Bankr. D. Del.)
  • Represented the official committee of unsecured creditors in Chapter 11 cases of iconic fitness brand Gold’s Gym, which owns, operates, and holds franchise agreements for nearly 700 locations worldwide. Following the creditors’ committee’s request that the debtors conduct a post-petition marketing process prior to seeking confirmation of a pre-negotiated Chapter 11 plan with its majority equity owner, the debtors consummated a $100 million sale at the height of the COVID-19 pandemic. In re GGI Holdings, LLC (Bankr. N.D. Tex.).
  • Represented the official committee of unsecured creditors in Chapter 11 cases of frac sand miner, processor, and deliverer with more than $280 million in secured debt and over $550 million in unsecured debt. In re Emerge Energy Services, LP (Bankr. D. Del.).

*The above transactions were completed prior to joining Lowenstein Sandler.

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Education

  • Syracuse University College of Law (J.D. 1988), cum laude

    Syracuse University (B.A. 1984), magna cum laude

Affiliations

  • American Bankruptcy Institute, member
    • Unsecured Trade Creditors Committee, Co-chair (2010-2013)
  • Turnaround Management Association, New York City Chapter Education Committee, member
  • American Bar Association, Bankruptcy Sub-Committee of the Business Law Section, member
  • New York State Bar Association, member

Admissions

  • New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the District of Connecticut
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Western District of Michigan

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