David M. Banker

Partner

David M. Banker is a partner in Montgomery McCracken’s Bankruptcy & Financial Restructuring Department. 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 also represented the Official Committee of Equity Security Holders in the Pyxus International bankruptcy.

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.

David received his J.D., cum laude, from New York Law School, where he was an editor on the Journal of Human RightsHe graduated, magna cum laude, from The George Washington University with a B.A. in Criminal Justice.

RELATED Practices

Bankruptcy and Financial Restructuring

The attorneys in Montgomery McCracken’s Bankruptcy and Financial Restructuring Department assist clients in all aspects of restructuring, including bankruptcies, out-of-court restructurings, reorganizations, liquidations, workouts, debt refinancings, adversary proceedings, and contested […]

Learn more about our Bankruptcy and Financial Restructuring Department

Business Litigation

Montgomery McCracken’s Business Litigation Practice represents corporations and unincorporated business entities, their officers, directors, partners and managers, their financial advisors, and their shareholders and creditors in a wide array of […]

Learn more about our Business Litigation Practice

Litigation

Montgomery McCracken’s Litigation Department offers a deep bench of skilled and experienced litigators whose practice areas encompass a broad array of industries and substantive legal disciplines.  Our clients include individuals, […]

Learn more about our Litigation Department

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Credentials

Selected Speaking Engagements
Honors & Awards
  • Turnaround of the Year (Under $100MM) Award, The M&A Advisor, 2021
  • Corporate Turnaround of the Year Award, Global M&A Network’s Turnaround Atlas Awards, 2021

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Education

Law School

  • New York Law School

Undergraduate School

  • George Washington University