Samuel S. Kohn
PEOPLE

Samuel S. Kohn

Partner
kohn.sam@dorsey.com

Overview

SAM FOCUSES ON RESTRUCTURING AND INSOLVENCY.

Sam practices in the area of business reorganizations, including complex Chapter 11 cases and out-of-court restructurings. He represents large corporate debtors, creditors’ committees, secured lenders, distressed asset acquirers, investment funds and banks. His experience spans across a broad range of industries, including airlines, municipalities, health care, retail, real estate, food, financial services, energy, telecommunications, entertainment, manufacturing and shipping.

Sam has been involved in virtually every major municipal restructuring in recent memory, both in and out of court. These include the Chapter 9 cases of Detroit, MI and Jefferson County, AL. In addition, he represented major creditors in out-of-court restructurings of municipalities including municipal debt issued by Harrisburg, PA, Scranton, PA, Atlantic City, NJ and Hartford, CT. Sam has authored numerous  articles and is a frequent panelist on issues relating to  municipal restructurings.

A strong background in finance and accounting gives Sam unique insight into the cases and transactions in which he is involved. Prior to becoming a lawyer, he was licensed as a Certified Public Accountant in the State of New York and founded and managed his own accounting firm.

Education & Admissions

Brooklyn Law School (J.D.), cum laude

Queens College, City University of New York (B.A.)

Admissions

  • New York
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • 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 Eastern District of Michigan
  • U.S. District Court for the Middle District of Pennsylvania

Languages

  • Hebrew, Yiddish

Experience

Representative Experience

  • Major creditor in Chapter 11 cases of SAS AB (S.D.N.Y.)
  • Major foreign party in interest and integral settlement party in Chapter 11 cases of Vewd Software USA, LLC (S.D.N.Y)
  • Creditors in Evergreen Gardens and All Year Holdings Chapter 11 cases (S.D.N.Y.)
  • Major creditor in Chapter 11 cases of Philippine Airlines, Inc. (S.D.N.Y.)
  • Major customer/creditor in Chapter 11 cases of Garret Motion Inc. (S.D.N.Y.).
  • Major creditor in Chapter 11 case of GRUPO AEROMÉXICO, S.A.B. de C.V., et al. (S.D.N.Y.).
  • Major creditor in Chapter 11 case of Avianca Holdings S.A., et al. (S.D.N.Y.).
  • Major creditor in Chapter 11 case of LATAM Airlines Group S.A., et al. (S.D.N.Y.).
  • Major creditor in Chapter 11 case of Tuesday Morning Corporation, et al. (N.D. Tex.).
  • DIP Facility agent in Chapter 11 cases of GNC (D. Del.).
  • Acquirers of Substantially all of the Assets of Chapter 11 debtors Seasons Corporate LLC and its Subsidiaries (E.D.N.Y.).
  • Creditors in Chapter 11 Cases of J&M Sales, Inc. (D. Del.).
  • Creditors in Chapter 11 cases of Southeastern Grocers, LLC (D. Del.).
  • High-profile parties in Chapter 11 cases of Gawker Media (S.D.N.Y.).
  • Parent and debtor-in-possession lender in Chapter 11 cases of Maxus Exploration Corp. (D.Del.).
  • Major bond insurer in Chapter 9 case of Detroit, MI (E.D. Mich.).
  • Major project contractor and creditor in the Chapter 11 cases of Longview Power LLC (D.Del).
  • Major bond insurer in Chapter 9 case of Jefferson County, AL (N.D. Ala.).
  • Official creditors committee in Chapter 11 case of Exeter Holding Ltd. (E.D.N.Y.).
  • Dormitory Authority of the State of New York, as secured creditor and debtor in possession lender, in the Chapter 11 cases of North General Hospital (S.D.N.Y.).
  • Major foreign bank in out-of-court restructurings of several substantial entities in the agriculture industry.
  • First lien lenders in the Chapter 11 cases of Trump Casinos (D.N.J.).
  • Several large institutional creditors in Chapter 11 cases of Lehman Brothers Holdings, Inc. (S.D.N.Y.).
  • Debtors in the Chapter 11 cases filed by Ames Department Stores (S.D.N.Y.).
  • Chrysler Financial in Chapter 11 cases of Chrysler LLC (S.D.N.Y.).
  • MBIA, Inc. in high-profile multi-billion dollar out-of-court restructuring.
  • Foreign representative in Chapter 15 case of CJSC Automated Services (S.D.N.Y.), first recognized Chapter 15 case of an entity in the Russian Federation.
  • Indenture trustee in Chapter 11 cases of Foamex International (D. Del).
  • Indenture trustee in Chapter 15 case of Corporation Durango and Chapter 11 cases of certain Durango subsidiaries (S.D.N.Y.).
  • Scottish Re, multi-billion dollar international reinsurer, in out-of-court restructuring.
  • Indenture trustee and creditors committee member in Chapter 11 cases of Asarco LLC (S.D. Tex.).
  • Largest unsecured creditor in prepackaged Chapter 11 cases filed by Remy International (D.Del.).
  • Several large energy creditors in the Chapter 11 cases of Calpine Corporation (S.D.N.Y.).
  • Several high-profile celebrities in Chapter 11 cases of Steve & Barry's (S.D.N.Y.).
  • Significant creditor and eventual acquirer in Chapter 11 cases of Source Enterprises (S.D.N.Y.).
  • Debtors in the Chapter 11 cases filed by Torch Offshore (E.D. La.).
  • Investment bankers in Chapter 11 cases of ATA Airlines (S.D. Ind.).
  • Investment bankers in the Chapter 11 cases of All American Semiconductor (S.D. Fla.).
  • Wolverine Tube, Inc., a leading copper provider, in a successful out-of-court restructuring.
  • Secured lender in Chapter 11 cases filed by Adelphia Communications (S.D.N.Y.).
  • Official creditors committee in the Chapter 11 cases filed by AT&T Latin America (S.D. Fla.).
  • Debtors in the prepackaged Chapter 11 cases filed by Trico Marine (S.D.N.Y.).
  • Debtors in the Chapter 11 cases filed by Cornerstone Propane (S.D.N.Y.).
  • Debtors in the Chapter 11 cases filed by NRG Energy (S.D.N.Y.).
  • Debtors in the Chapter 11 cases filed by Allegiance Telecom (S.D.N.Y.).
  • Debtors in the prepackaged Chapter 11 cases filed by Viasystems (S.D.N.Y.).
  • Debtors in the Chapter 11 cases filed by Genesis Health Ventures (D. Del.).
  • Debtors in the Chapter 11 cases filed by Just for Feet (D. Del.).

News & Resources

Events & Speaking Engagements

Webinar Playback: Bank Counsel Roundtable: Releasing Third-Party Certainty in Bankruptcy
Webinar Playback: Bank Counsel Roundtable: Bankruptcy Update
Webinar Playback: Municipal Bankruptcies – What to Expect in Unexpected Times

"Recent Confirmation Developments," American Bankruptcy Institute NYC Conference
June 10, 2022

"New York City Bar, Clearing the Last Hurdle in Chapter 11 – Evolving Confirmation Issues That May Trip the Unwary"
June 22, 2021

"New York City Bankruptcy Conference"
May 19, 2021

"LLC Bankruptcies," American Bankruptcy Institute's 21st New York City Bankruptcy Conference
May 22, 2019

"Municipal Bankruptcies," American Bankruptcy Institute's 20th New York City Bankruptcy Conference
May 24, 2018

"Introduction to Chapter 9," Brooklyn Law School, Business Reorganizations
Spring 2014

Legal Writings

  • "Supreme Court Settles Trademark Circuit Split," Legal Update, Norton Rose Fulbright, May 23, 2019
  • "Cities In Distress: Are There True Alternatives To Ch. 9?," Expert Analysis, Law360, July 13, 2018
  • "2015 in Review: Chapter 9," International Restructuring NewsWire, Winter 2016
  • "First Circuit: Puerto Rico's Recovery Act Preemted, Ball in Congress's Court-But a Curious Concurrence Too," Client Alert, July 8, 2015
  • "Trademark Licensees May be Afforded Special Protections in the Licensor's Bankruptcy," International Restructuring NewsWire, Winter 2015
  • "In Re City of Detroit: Nine Lessons for Creditors," Client Alert, December 11, 2014
  • "Puerto Rico Claims Authority to Nonconsensually Restructure Public Corporation Debt," Client Alert, July 7, 2014
  • "First Circuit Denies Post-Petition Interest to Senior Unsecured Creditors," Pratt's Journal of Bankruptcy Law, 2011
  • "Lessons From the Bench: Drafting Municipal Bond Documents," New York Law Journal, December 9, 2010
  • Co-author and Editor, "Retention and Payment: Essentials of Being Retained and Paid as Debtor's Counsel in Chapter II," ABI Handbook, 2008
  • "Executive Compensation and the Recent U.S. Bankruptcy Code Amendments: Fundamental Change or an Invitation to Negotiate?," International Corporate Rescue, Vol. 4, Issue 3, 2007
  • "Deepening Insolvency—Is the Newest Tort Dead?," International Corporate Rescue, Vol. 3, Issue 6, 2006
  • "The Government’s Approach to Fraud-Induced Bankruptcies of Large Public Companies," ABI Journal, Vol. xxv, No. I, February 2006
  • "7th Circuit Provides Friendlier Skies to United: New Decision Has Big Impact on Airport Leases," ABI Journal, Vol. xxiv, No. 7, September 2005

Industries & Practices

  • Aviation
  • Banking & Financial Institutions
  • Bankruptcy & Financial Restructuring
  • Energy & Natural Resources
  • Food, Beverage & Agribusiness
  • Healthcare & Life Sciences
  • Public Finance
  • Real Estate & Land Use
  • Telecommunications

Professional & Civic

Professional Achievements

  • Member, American Bankruptcy Institute (Advisory Committee, NYC Conference)
  • Member of Restructuring Committee, Association of the Bar of the City of New York
  • Member and Chair of Audit Committee, Turnaround Management Association (Global)
  • Member, Barry L. Zaretsky Roundtable Steering Committee, Brooklyn Law School
  • Member of Board Trustees of Temple Israel Center of White Plains

Accolades

  • The Legal 500 US, Recommended lawyer - Corporate restructuring and Municipal bankruptcy, The Legal 500, 2014-2018
Samuel S. Kohn