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 Rights. He graduated, magna cum laude, from The George Washington University with a B.A. in Criminal Justice.
Bankruptcy and Financial Restructuring
- Speaker, “Avoidance Actions & Bankruptcy Alternatives,” Pennsylvania Bar Institute’s Bankruptcy Institute 2019 Conference, September 25, 2019, Philadelphia, Pa.
- Co-author, “You’ve Cut Costs, Laid Off, or Furloughed Employees. Now What?” April 2020
- Co-author, “Heightened Standard for Imposition of Civil Contempt Sanctions Arising from Violation of Discharge Order,” American Bankruptcy Institute, December 2019
- 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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- New York Law School
- George Washington University
Montgomery McCracken Wins 2021 Large Company Turnaround/Transaction of the Year Award
Montgomery McCracken is pleased to announce that it has been named a winner of the 2021 Large Company Turnaround/Transaction of the Year Award by the Turnaround Management Association (“TMA”) for […]
Montgomery McCracken Wins The M&A Advisor’s 2021 Turnaround of the Year (Under $100MM) Award
Montgomery McCracken is pleased to announce that it has been named a winner of the 2021 Turnaround of the Year (Under $100MM) Award by The M&A Advisor for our representation […]
Montgomery McCracken Wins “Corporate Turnaround of the Year” at 2021 Turnaround Atlas Awards
Montgomery McCracken is pleased to announce that it has been named a winner of the “Corporate Turnaround of the Year” award at the Global M&A Network’s 13th Annual Turnaround Atlas […]
Pyxus Ch. 11 Confirmation Hinges On Asset Valuation Reports
The evidentiary record in tobacco grower Pyxus International’s Chapter 11 plan confirmation trial closed Wednesday, leaving a Delaware bankruptcy judge to determine the appropriate value of the company’s assets amid […]