skip to main content

Lowenstein Sandler LLP | The contents of this website contain attorney advertising. | Results may vary depending on your particular facts and legal circumstances.

Search
Smart Search Icon
Header Search
view all search results
Search Close
Hamburger
profile Icon for Mobile

David M. Posner

Partner
Vice Chair, Bankruptcy & Restructuring Department

New York
T: +1 212.419.5875 F: +1 212.262.7402 dposner@lowenstein.com
  • BIO
  • EXPERIENCE
  • HONORS & AWARDS
  • NEWS & INSIGHTS

See more section

David Posner focuses his practice on bankruptcy and insolvency matters, representing companies, creditors’ committees, acquirers, financial institutions, and other significant parties-in-interest in complex reorganizations and financially distressed situations, as well as debtor/creditor rights, and commercial litigation. He has represented the official committees of unsecured creditors in a number of notable Chapter 11 cases with $100 million or more in debt in industries including aviation, oil and gas, financial services, and retail.

In addition to his work with creditors’ committees in Chapter 11 reorganization proceedings, David represents companies and financial institutions as secured and unsecured creditors in reorganization proceedings and federal litigation. He is also highly knowledgeable in the areas of lender liability, debt collection, judgment enforcement, and bankruptcy appellate practice.

David also has substantial litigation experience representing both plaintiffs and defendants in commercial litigation inside the context of complex reorganization cases, and in state and federal courts across the country. He has tried both jury and non-jury trials in bankruptcy, state, and federal courts.

  • Currently represent the Official Committee of Unsecured Creditors in Chapter 11 cases of domestic e-commerce parcel and cross-border logistics services provider, a former subsidiary of Pitney Bowes. In re DRF Logistics, LLC et al. (Bankr. S.D. Tex.)
  • Currently represent the Official Committee of Unsecured Creditors in Chapter 11 cases of restaurant group operating the Tender Greens and Tocaya restaurant brands. In re One Table Restaurant Brands, LLC et al. (Bankr. D. Del.)
  • Currently represent an ad hoc crossover group of convertible noteholders in the Chapter 11 cases of a developer, manufacturer, and marketer of personalized, precision intraoral medical devices with approximately $50 million of debt. In re ProSomnus, Inc. et al. (Bankr. D. Del.)

The below transactions were completed before June 2024, prior to joining Lowenstein Sandler:

  • Represented the official committee of unsecured creditors in Chapter 11 cases of upstream parts manufacturer for Boeing with over $100 million in secured and unsecured debt. In re TECT Aerospace Group Holdings, Inc. (Bankr. D. Del.)
  • Represented the official committee of unsecured creditors in Chapter 11 cases of iconic fitness brand Gold’s Gym, which owns, operates, and holds franchise agreements for nearly 700 locations worldwide. Following the creditors’ committee’s request that the debtors conduct a post-petition marketing process prior to seeking confirmation of a pre-negotiated Chapter 11 plan with its majority equity owner, the debtors consummated a $100 million sale at the height of the COVID-19 pandemic. In re GGI Holdings, LLC (Bankr. N.D. Tex.).
  • Represented the official committee of unsecured creditors in Chapter 11 cases of frac sand miner, processor, and deliverer with more than $280 million in secured debt and over $550 million in unsecured debt. In re Emerge Energy Services, LP (Bankr. D. Del.).
  • Represented the indenture trustee for approximately $350 million in second lien debt instruments in cases involving one of the country’s largest department stores companies that sought to liquidate all 256 of its stores. In re The Bon-Ton Stores, Inc. (Bankr. D. Del.).
  • Represented the indenture trustee for approximately $250 million in unsecured debt instruments in cases involving a fashion wholesale and retail company. In re Nine West Holdings, Inc. (Bankr. S.D.N.Y.).
SEE MORE

CLICK HERE FOR AWARD INFORMATION & METHODOLOGY

No aspect of these advertisements has been approved by the highest court of any state.

Education

  • Syracuse University College of Law (J.D. 1988), cum laude

    Syracuse University (B.A. 1984), magna cum laude

Affiliations

  • American Bankruptcy Institute, member
    • Unsecured Trade Creditors Committee, Co-chair (2010-2013)
  • Turnaround Management Association, New York City Chapter Education Committee, member
  • American Bar Association, Bankruptcy Sub-Committee of the Business Law Section, member
  • New York State Bar Association, member

Admissions

  • New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the District of Connecticut
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Western District of Michigan

Additional Resources