David Posner focuses his practice on bankruptcy and insolvency matters, and represents companies, creditors’ committees, chapter 11 trustees, acquirers, financial institutions, and other significant parties-in-interest in complex reorganizations and financially distressed situations as well as debtor/creditor rights, and commercial litigation. In addition, he has substantial litigation experience representing both plaintiffs and defendants in complex commercial litigation inside the context of complex reorganization cases, and in state and federal courts across the country. Mr. Posner has been involved in all aspects of pre-trial proceedings, preliminary injunction hearings, motion practice, applications, mediation, objections, and other contested matters. He has tried both jury and non-jury trials in bankruptcy, state, and federal courts.

Prior to joining the firm, Mr. Posner was a member of the Insolvency and Creditors’ Rights group of a New York City law firm where he represented creditors’ committees in chapter 11 reorganization proceedings, commercial corporations, and financial institutions as both secured and unsecured creditors in chapter 11 reorganization proceedings, and in litigations pending before federal courts. Mr. Posner also worked extensively representing clients in the areas of lender liability, debt collection, judgment enforcement, and bankruptcy appellate practice. Previously, Mr. Posner was a partner in the Lending, Bankruptcy and Creditors’ Rights group in the New York City office of an international law firm where his emphasis was in the areas of bankruptcy, creditors’ rights, business restructuring, asset-based lending, and commercial litigation.

While attending law school, Mr. Posner was Senior Editor of the Syracuse Law Review.

Professional & Community Activities

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

Education

  • Syracuse University College of Law, J.D. (1988)
    cum laude
  • Syracuse University, B.A., Political Science and Philosophy (1984)
    magna cum laude

Bar Admissions

  • New York (1989)

Admissions

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

Who We Are

What fully engaged means to me:

Being fully engaged means that I bring wisdom, experience, passion and strength, both mental and physical, to everything I do.

The Grace Building, 1114 Avenue of the Americas
New York, NY, 10036-7703
USA
t +1 212.775.8764
f +1 212.658.9523

David M. Posner

Experience Highlights

Official Committee of Unsecured Creditors of Mark IV Industries, Inc., et al.
Co-led the engagement in this Chapter 11 case of designer, marketer, distributor and manufacturer of industrial, transportation and automotive more
Official Committee of Unsecured Creditors of FCC Holdings, Inc., et al.
Led the engagement in this Chapter 11 case of a for-profit post-secondary education provider operating more than 40 campuses in 14 states and more
Official Committee of Unsecured Creditors of Atrium Corporation, et al.
Co-led the engagement in this Chapter 11 case of private company; one of the largest manufacturers and distributors of residential windows and patio more
Official Committee of Unsecured Creditors of Arclin US Holdings Inc., et al.
Co-led the engagement in this Chapter 11 case of private company that, at time of filing, controlled approximately 25% of the resins market in the more