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David M. Banker
New York Office

437 Madison Avenue
24th Floor
New York, NY 10022

P: 212-551-7759
F: 212-599-5085

Biography

David M. Banker is a partner in Montgomery McCracken’s Business Department and is a member of the firm’s Bankruptcy & Financial Restructuring Practice Group. He focuses his practice on creditors’ rights in the context of complex bankruptcies, including providing counsel to unsecured creditors’ committees, equity committees, institutional trade creditors, plan trustees, investment funds, secured lenders, and lessors.  He is representing or has represented the unsecured creditors’ committees in Tuesday Morning, Orchids Paper, CST Industries, Willowood USA Holdings, Centerstone Linen, Prestige Industries, Noranda Aluminum, Borders Group, SP Newsprint, Gourmet Express, Chef Solutions, Advanced Marketing Services, Koen Book Distributors, Solaris Industries, and Xtera Communications.

David has extensive experience representing parties in preference and fraudulent conveyance actions in numerous jurisdictions throughout the country, as well as writing and presenting on the topic. He is a certified mediator included on the register of mediators for the Southern District of New York and Delaware Bankruptcy Courts. He is serving or has served as a mediator for avoidance actions in the Sears/Kmart, Fyre Festival, Patriot National, Loehmann’s Furniture Brands, GT Advanced Technologies, Vivaro, and WireflyMobile bankruptcy cases.

David advises clients through all steps of the bankruptcy process, including pre-bankruptcy planning, negotiating the sale of claims, and defending claim objections. He also works extensively with lessors in negotiations over the terms of the assumption and cure of leases, adequate protection orders, and claims related to lease rejection.

Prior to joining Montgomery McCracken, David was an attorney at a large international law firm

Selected Representations

  • Represented the Official Committee of Equity Security Holders in the Pyxus International, Inc. bankruptcy in Delaware

Selected Publications

Selected Speaking Engagements

Academic Achievements

David received his J.D., cum laude, from New York Law School. He graduated, magna cum laude, from The George Washington University with a B.A. in Criminal Justice.