Gary Eisenberg focuses his practice on creditors' rights, workouts, litigation and bankruptcy, with a particular emphasis on representing CMBS special servicers, collateralized debt obligation (CDO) holders and other financial institutions. Experienced in complex, bet-the-company litigation with arcane financial underpinnings, Gary has achieved eight-figure settlements, dismissals on summary judgment and other favorable outcomes that have preserved his clients’ companies and commercial reputations. Gary serves as chair of the firm’s Commercial Mortgage Backed Securities (CMBS) practice.
Gary has more than 25 years of experience in representing secured creditors, CMBS special servicers, bondholders, hedge funds, CDO holders and distressed asset buyers in large and complex cases. He advises on the debtor-creditor aspects of corporate transactions, including structured finance transactions. He represents holders of structured finance instruments in crafting and litigating enforceability and priority of payments in default situations.
Gary has represented numerous secured lenders in foreclosure and other security interest litigation and in non-judicial sales in over two dozen jurisdictions. He has represented creditors in multiple bankruptcy jurisdictions, litigating cash collateral orders and stay relief motions and procuring confirmation of lender-proposed plans of reorganization. In his representation of special servicers, Gary has helped them in formulating servicing agreements and exercising rights and remedies as special servicer.
Recently, Gary has represented owners of leveraged companies and their affiliated lenders in restructuring troubled businesses through the use of Article 9 of the Uniform Commercial Code and similar laws. He has also advised entrepreneurial finance companies in developing and enforcing novel secured-credit products, including credit secured by intellectual property.
Industries in which Gary represents secured creditors of distressed companies include hotels, healthcare, real estate, manufacturing, intellectual property and aircraft. In one of his more dramatic cases, he represented an indenture trustee in an aircraft financing in repossessing a 747-transport plane off a military base. Gary chairs the firm’s Community Service Committee in New York and is an active member of the Blockchain Technology & Digital Currency and the Fintech industry groups. Gary presents to legal and financial audiences on bankruptcy and financial litigation emerging issues.
- Listed in New York Metro "Super Lawyers" for Bankruptcy & Creditor/Debtor Rights, 2013 - 2017
- Perkins Coie Community Service Committee, New York Chair, 2017
- Herrick, Feinstein LLP, New York, NY; Newark, NJ, Partner, 2007 - 2011
- Windels Marx Lane & Mittendorf, LLP, New York, NY; New Brunswick, NJ, Associate, 1996 - 2003; Partner, 2004 - 2007
- Lowenstein Sandler Kohl Fisher & Boylan, PC, Livingston, NJ, Associate, 1990 - 1996
Hon. Stewart Pollock, Supreme Court of New Jersey, 1989 - 1990