345 Park Avenue
New York, NY
William Hawkins has more than a decade of experience in counseling secured and unsecured creditors, trustees, committees, lessors, equity holders and other constituencies in credit restructurings, corporate reorganizations, bankruptcies and liquidation proceedings. His practice also encompasses significant commercial litigation matters, in federal and state courts, as well as in out-of-court, negotiated solutions and alternative dispute resolution. He also represents debtor-in-possession and exit financing lenders, and purchasers of assets in bankruptcy. Mr. Hawkins is admitted to the New York state courts, and the U.S. District and Bankruptcy Courts for the Southern and Eastern Districts of New York. He has handled matters throughout the United States, including in the U.S. Bankruptcy Courts for the District of Delaware, the District of New Jersey, the Southern District of Florida and the Central District of California.
Mr. Hawkins frequently works with international clients in his areas of expertise.
Counsel to liquidating trustee of the AASI Creditor Liquidating Trust, involving avoidance actions and other litigation recoveries for trust beneficiaries and extensive claim objections. Achieved and increased recoveries to provide millions of dollars for distribution to former unsecured creditors.
Represent secured creditors and DIP lenders in numerous Chapter 11 bankruptcy cases, recently including In re SIGG Switzerland (USA), Inc. and In re Fallon Luminous Products Corporation.
Represent investors and claimants in numerous high-profile bankruptcy cases, including In re Lehman Brothers Holdings Inc. and In re Borders Group, Inc.
Represent significant claimants and defendants in SIPC liquidation proceedings.
Counsel to unsecured creditors' committees in In re All American Semiconductor, Inc., et al., In re CenterStaging Musical Productions, and In re Harrow Stores, Inc. Achieved confirmation of Chapter 11 plan in All American, establishing liquidating trust. Counsel to liquidating trustee.
Defend and prosecute adversary proceedings in bankruptcy for preference recovery, fraudulent conveyances and fraudulent transfers.
Conduct asset sales in bankruptcy court under Section 363 of the Bankruptcy Code.
Commercial litigator in New York State Supreme Court and federal district court.
Recent Published Decisions
- New York Commercial Bank v. Pullo, 2013 N.Y. Misc. LEXIS 1496 (New York County Supreme Court) (Index No. 653452/12) (Lexis citation) - Obtained summary judgment on behalf of client bank in an action against loan guarantors for a money judgment of more than $31 million.
- New York Commercial Bank v. Pullo, 2013 WL 494050, 2013 Bankr. LEXIS 520, No. 12-02052 (Bankruptcy Court, Southern District of New York), New Decisions, The Daily Bankruptcy News (Feb. 8, 2013), http://bkinformation.com - Successfully prosecuted a motion for bankruptcy court to abstain and remand bank client’s lawsuit against loan guarantors to state court.
- Gerber Finance, Inc. v. Oved Diamond Company, Ltd., American Diamond Jewelry, Inc., and Yhonathon Oved, 2011 N.Y. Misc LEXIS 1231 (N. Y. Sup. Ct. March 22, 2011) (Index No. 600304/2010) (Lexis citation); NYLJ 1202489490763, at *1 (Decision of Interest) New York Law Journal (April 12, 2011) - Achieved summary judgment in favor of client plaintiff against corporate defendants for replevin and against individual defendant for replevin, with money judgment against individual defendant on replevin count.
- Bank of New York Mellon v. SACE S.p.A., 2011 WL 102728 (S.D.N.Y. Jan 06, 2011) (NO. 10 CIV 2510 RMB); 2011 U.S. Dist. LEXIS 2386 - Achieved dismissal in favor of defendant client for lack of personal jurisdiction.
- Co-author, Who Owns the Rents? Recent Cases Highlight Uncertainty as to Effect of Mortgage Rent Assignments in New York Bankruptcies, Thomson Reuters News & Insight (August 27, 2012)
- Author, In re Soho 25 Retail, LLC Benefits Mortgage Lenders in New York, The Bankruptcy Strategist (September 2011)
- Author, Court Restricts Bankruptcy Court Jurisdiction in Stern v. Marshall, The Bankruptcy Strategist (August 2011)
- Author, The Fundamentals of Chapter 7 Liquidation of a Business under the U.S. Bankruptcy Code: Issues for the Debtor, Creditors, and Other Parties (May 2010)
- Author, Strategy for the Secured Creditor in a Single Asset Real Estate Case, The Bankruptcy Strategist (April 2009)
- Author, Aspects, Analysis Of Debt Guarantees By The FDIC, Law360 (December 2008)
- Member, Steering Committee, Florida Fiduciary Forum (Miami, Florida)
- Member, American Bar Association
- Member, New York State Bar Association
- Member, International Bar Association
- Member, American Bankruptcy Institute
University of Virginia School of Law, J.D., 1990
Emory University, B.A., 1986
Università degli Studi di Bologna
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York