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Elizabeth M. Aboulafia is a partner in the firm’s Bankruptcy and Creditors’ Rights department. She represents companies as debtors in Chapter 11 bankruptcy cases in a wide range of industries, with a particular focus in the construction industry. She also frequently helps construction contractors obtain a resolution of claims and other disputes through the bankruptcy court and alternative dispute resolution proceedings under court supervision. Outside of bankruptcy, Elizabeth has experience in a broad range of construction-related matters, including experience representing general contractors and subcontractors with regard to claims preparation, dispute resolution, contract negotiations, contract compliance, and M/WBE certification.

Elizabeth also represents financial institutions, unsecured creditors and other parties in interest in Chapter 11 bankruptcy cases and out-of-court restructurings. Finally, she has particular experience providing legal opinions for commercial real estate and structured finance transactions.

Areas of Concentration:

  • Construction bankruptcy
  • Chapter 11 debtors and creditors
  • Construction claims resolution
  • M/WBE certification
  • Opinion letters

Practice Areas

Banking and Financial Services Banking and Financial Services Litigation Bankruptcy and Creditors’ Rights Debtor Representations Construction Contract Dispute Resolution Distressed M & A Secured Creditors’ and Lenders

Industries

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Education

  • J.D., St. John’s University School of Law, magna cum laude, 2008
  • B.A., University of Delaware, magna cum laude, 2005

Representative Experience

  • Representing mechanical contractor in pursuing claims against City of New York as part of Chapter 11 bankruptcy case.
  • Representing demolition contractor in financing and bonding matters in Chapter 11 bankruptcy case.
  • Representing financial institutions in providing true sale, bankruptcy safe harbor and substantive non-consolidation opinions in connection with structured finance transactions.
  • Representing contractors in formation of M/WBE entity and certification process.
  • Represented large scale subcontractor and general contractor in Chapter 11 bankruptcy resulting in confirmation of consensual Chapter 11 plan and emergence from bankruptcy in under one year.
  • Represented concrete contractor in Chapter 11 bankruptcy resulting in confirmation of Chapter 11 plan funded by multi-million-dollar mediated settlement arising out of a public construction contract with the Port Authority of New York and New Jersey.
  • Represented heavy civil construction company in Chapter 11 bankruptcy resulting in confirmation of Chapter 11 plan funded by proceeds of construction litigation against public agencies.
  • Represented heating and cooling subcontractor in Chapter 11 bankruptcy resulting in confirmation of Chapter 11 plan providing for payment in full of creditor claims and business reorganization.
  • Represented heavy construction company in multi-million-dollar bankruptcy litigation arising out of a public construction contract with the State of New York.
  • Represented heavy civil contractor in non-bankruptcy out-of-court restructuring involving formation of a partnership with another construction firm.
  • Represented Chapter 11 debtors in a wide range of industries including construction, trademark licensing, gaming, and hospitality.
  • Represented purchaser in multi-million-dollar purchase of college campus in Suffolk County, New York.
  • Represented secured lenders in multiple single asset real estate Chapter 11 bankruptcies.
  • Represented steering committee of senior secured lenders in sponsoring and confirming Chapter 11 plan of reorganization for real estate development company.
  • Represented construction contractors pursuing recovery of claims against public agencies.

Professional and Community Activities

  • Member, American Bankruptcy Institute, 2008 – Present
  • Member, Professional Women in Construction, New York Chapter, 2014 – Present
  • Member and Co-Vice President of Programming, Turnaround Management Association, Long Island Chapter
  • Member, Construction Financial Management Association, 2017 – Present
  • Fellow, Construction Lawyers Society of America, 2019

Honors and Awards

  • Super Lawyers Rising Stars, New York Metro Region, 2015 – 2018
  • Who’s Who in Women in Professional Services 2017, Long Island Business News
  • Outstanding Women in Law Awards 2016, Hofstra University School of Law

Publications

  • “Using Article 3-A to Protect Payment Rights in a Construction Bankruptcy”, New York Law Journal, June 2017
  • “Be Wary of Using Involuntary Bankruptcy as a Collection Tool”, ABI Journal, May 2019

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