Shaya M. Berger
Partner
Tel: 212-208-0006
Email: sberger@gulkowitzberger.com

 

 

 

 

 

AREAS OF PRACTICE

Shaya has represented clients in various business matters for over 12 years.  His practice includes business transactions, debt restructuring and commercial litigation.  He has represented debtors, creditors and creditor committees in all phases of bankruptcy proceedings, out of court restructuring, and litigation claims.  

Shaya’s transactional practice includes representing a telecommunications company in negotiating varied contracts, and a beverage company in their contract negotations and buy-out  of a founding equity holder.  

Shaya has represented debtors in developing, negotiating, and obtaining court confirmation of plans of reorganization, as well as individual creditors and committees in pursuing litigation claims and maximizing their recovery.

His litigation practice includes all phases of general commercial litigation in both federal and state courts.  Shaya represents plaintiffs or defendants, and has successfully argued motions to dismiss and summary judgment motions.

 

BACKGROUND

Before founding Gulkowitz Berger LLP, Shaya was an associate at Dickstein Shapiro LLP for 7 years.  He  began his career at Torys LLP, where he worked in their bankruptcy and commercial litigaiton department from 2002 through 2007.  

REPRESENTATIVE MATTERS

· In re Motors Liquidation Company (f/k/a General Motors Corp.)

Represented the general unsecured creditors trust established in the General Motors bankruptcy case in successfully objecting to or settling hundreds of claims asserted against the debtors.

· In re Petra Fund REIT Corp.

Represented debtors in their successful reorganization in the face of continuous opposition by the largest unsecured creditor.

· RGH Liquidating Trust v. Deloitte & Touche LLP

Represented the liquidating trust that emerged from the bankruptcy of Reliance Group Holdings, the holding company of Reliance Insurance Company, in prosecuting hundreds of millions of dollars in fraud claims against Deloitte & Touche.

· In re American Equities Group Inc., The AEG Liquidation Trust v. Toobro NY, LLC and In re Ahava of California, LLC

Represented American Equities Group, Inc. in its bankruptcy case and prosecuted claims on behalf of the liquidation trust that emerged from bankruptcy, including successfully opposing sale of assets over which the client had a security interest and defeating defendants’ motion to dismiss and motion for summary judgment on an issue of first impression under New York UCC law.

· National Australia Bank Limited v. J.E. Robert Co., representing defendants against multimillion dollar claims and obtaining dismissal of the action.

· In the Lehman Brothers bankruptcy, representing various creditors, including one for which Shaya obtained a cash distribution equal to approximately 80 percent of the claim.

PUBLICATIONS

· The Appropriate Interest Rate Under § 506(b), The Bankruptcy Strategist, September 2014

· Bankruptcy (Appendix to Corporate Legal Departments: Practicing Law in a Corporation), Practising Law Institute, May 2014

· Ruling Strengthens Powers of Bankruptcy Liquidating Trusts, Dow Jones Daily Bankruptcy Review, September 28, 2011

EDUCATION

· Touro College, B.S., 1998, summa cum laude

· Fordham University School of Law, J.D., 2002

BAR AND COURT ADMISSIONS

· New York

· U.S. District Court for the Southern District of New York

· U.S. District Court for the Eastern District of New York

· U.S. District Court for the Northern District of New York

· U.S. Court of Appeals for the Second Circuit

· U.S. Supreme Court