David J Messina
BANKRUPTCY/DEBTOR-CREDITOR
We know bankruptcy law. Our team of lawyers includes two former federal bankruptcy judges and several former federal court law clerks, including two who clerked for bankruptcy judges. Our team members regularly present at seminars around the country on issues related to insolvency and bankruptcy, and have published numerous articles on bankruptcy related topics.
We help clients navigate the hazards of a variety of insolvency and debtor-creditor related issues. From the use of bankruptcy as a business strategy and guiding clients through the benefits and risks associated with bankruptcy proceedings, to representation of clients in preference and fraudulent transfer proceedings, asset acquisition, or out-of-court workout arrangements, our team has years of experience dealing with the myriad of insolvency related issues that arise in business. The Bankruptcy Code and Rules often require immediate action to preserve rights and claims, but we know how to avoid impulsive moves that can undermine a client's case. In addition to our work directly within bankruptcy cases or insolvency related matters, Gordon Arata counsels clients on the risks and exposures they may face as a result of the application of the bankruptcy laws to their financial dealings and transactions, such as the effects of preference laws on vendors and service providers. We help identify risks and guide clients in implementing the right strategies to minimize exposure.
We have successfully handled bankruptcy and insolvency or debtor/creditor-related matters for clients including:
- Representing debtors and creditors in connection with problem credit, workouts, Chapter 11 reorganizations, and liquidation proceedings
- Representing debtor-in-possession lenders
- Representing creditors in discharge complaints against debtors
- Representing purchasers of assets from Chapter 11 debtors-in-possession and from bankruptcy trustees through Section 363 sales and through confirmed Chapter 11 plans
- Representing parties to leases, executory contracts, and license agreements in bankruptcy proceedings
- Prosecuting and defending preference, fraudulent conveyance, and other avoidance action proceedings in individual and complex corporate bankruptcies
- Acting as trustees of bankruptcy estates and of non-bankruptcy liquidations
- Representing bankruptcy trustees in connection with all aspects of their administration of bankruptcy estates, including sales of property, investigation and prosecution of avoidance actions, prosecution of discharge complaints, objections to exemptions, objections to claims, approvals of compromises, disgorgement actions, and prosecution of substantive consolidation, alter ego, and single business enterprise remedies
- Representing vendors in pursuit of reclamation and vendor's lien claims in large and small corporate bankruptcies
David J Messina
Gordon, Arata, McCollam, Duplantis & Eagan LLP
201 Saint Charles Ave #4000
New Orleans LA 70170
Tel: 504 582-1111
Fax: 504 582-1121
E-mail: dmessina@gordonarata.com
Board Certified Specialist in Business Bankruptcy - American Board of Certification
Practice Areas
- BANKRUPTCY/DEBTOR-CREDITOR
During law school, David was a member of the Law Review from 1985-1987 and served as Articles/Comments Editor from 1986-1987. He served as law clerk to the Honorable Louis M. Phillips, Judge for the United States Bankruptcy Court for the Middle District of Louisiana.
David's practice has centered on bankruptcy law and commercial litigation. He has a comprehensive knowledge of the Bankruptcy Code and extensive experience in bankruptcy court litigation. He has successfully represented debtors, debtors in possession, creditors, and trustees in bankruptcy under chapters 7, 11, 12, and 13. David has represented a broad base of clients in connection with federal and state court insolvency proceedings, including banks, insurance companies, utility companies, suppliers, purchasers of assets, and parties to leases, executory contracts, and license agreements. In addition, he has represented debtors and creditors in connection with problem credits, workouts, and chapter 11 reorganization and liquidation proceedings. A considerable part of his practice also involves the representation of bankruptcy trustees in connection with all aspects of their administration of bankruptcy estates, including sales of property, investigation and prosecution of preference, fraudulent conveyance, and other avoidance action proceedings, prosecution of discharge complaints, objections to exemptions and claims, disgorgement actions, and prosecution of substantive consolidation, alter ego, and single business enterprise remedies. David has also successfully negotiated on behalf of clients with various governmental entities, including the Internal Revenue Service, MARAD, and the Louisiana Department of Revenue and Taxation.
David is a frequent author on bankruptcy subjects and for the past six years has served as an instructor at the annual Bankruptcy Law Seminar sponsored by the Louisiana State University Center for Continuing Professional Development and the Louisiana bankruptcy judges. He is a member of the American Bankruptcy Institute.
David is Board Certified in Business Bankruptcy Law by the American Board of Certification, and is an adjunct professor in bankruptcy at Loyola Law School.
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