David A. Rosenzweig

Partner
Norton Rose Fulbright US LLP

New York
United States
T:+1 212 318 3035
New York
United States
T:+1 212 318 3035
David A. Rosenzweig

David A. Rosenzweig

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Biography

David Rosenzweig is a partner in the Firm's Restructuring practice.

Mr. Rosenzweig advises clients on a wide range of restructuring and insolvency matters.  He handles transactional, litigation and advisory work related to chapter 11 cases, non-bankruptcy workouts and restructurings and commercial finance transactions.  His experience includes cross-border insolvency proceedings, complex chapter 11 cases, distressed property acquisitions and dispositions including the purchase of substantially all of the assets of chapter 11 debtors, structuring transactions to minimize the risks associated with future insolvency and bankruptcy proceedings, and defense of avoidance actions such as fraudulent conveyance and preference actions.

He has broad experience representing secured and unsecured creditors, committees, debtors, equity holders, and purchasers of assets in chapter 11 cases and non-bankruptcy workouts and restructurings.

Mr. Rosenzweig's recent clients include aviation, manufacturing, telecommunication, transport and energy companies, aircraft owners, lenders and financing parties, shipping and ofshore energy lenders as well as other equipment financing companies.


Professional experience

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JD, high honors, George Washington University National Law Center, 1987
BA, Economics, Washington University in St. Louis, 1984 

In law school, Mr. Rosenzweig was a member of The George Washington University Law Review and The Order of the Coif.

He was admitted to practice law in New York in 1988 and has since been admitted to practice in the Second Circuit Court of Appeals as well as the Southern and Eastern Districts of New York.

  • New York State Bar

His significant representations include:

  • SAS AB in connection with its chapter 11 cases
  • Coordinating Committee of Secured Agents and ECAs in connection with the pre-negotiated chapter 11 restructuring of Altera Infrastructure L.P.   
  • Philippine Airlines in connection with its pre-negotiated chapter 11 case
  • JOLCO and other lenders and aircaft/engine lessors in the Avianca and AeroMexico chapter 11 cases
  • Secured lenders in the Nordic Aviation Capital chapter 11 case
  • Delta Airlines in connection with the Virgin Atlantic chapter 15 case
  • BMW in the Takata chapter 11 case and global restructuring and sale transaction   
  • Citibank and other oceangoing and offshore ship mortgage lenders in the Toisa Ltd. chapter 11 case
  • Canadian National Railway in the Hanjin chapter 15 case
  • AT&T as acquiror in the Houston Regional Sports Network chapter 11 case
  • Suppliers in the General Motors and Chrysler chapter 11 cases  
  • Energy traders, pipeline owners, and/or asset purchasers in the Enron, Calpine, Mirant, PG&E National Energy Group and U.S. Gen New England chapter 11 cases
  • Equity investors in the AES Eastern chapter 11 case
  • The Northern Trust Company in the LBO litigation related to The Tribune Company chapter 11 case
  • Republic Airways, which was the debtor in possession lender and plan sponsor/acquiror in the Frontier Airlines chapter 11 case
  • The purchaser acquiring an offshore drilling rig for $490 million in the PetroRig chapter 11 cases     
  • Swap counterparties in the Lehman Brothers chapter 11 case  
  • AT&T in the Nortel Networks cross-border insolvency proceedings 
  • Debt and equity financiers in the American, Delta, Northwest and United chapter 11 cases
  • Aircraft lessors in the American, Southern Air, US Air, FLYi and TWA chapter 11 cases
  • Aircraft and engine lessors in 2003 chapter 11 case involving Avianca, the Colombian airline
  • Claw back defendants in the Madoff Securities proceedings 
  • Creditors and asset purchasers in the Fleming chapter 11 case
  • Universal Health Services as acquiror of three non-profit hospitals for $120 million in a chapter 11 case
  • Several landlords in the Kmart chapter 11 case
  • One of the largest trade creditors in the Adelphia Communications chapter 11 case
  • The purchaser in Today's Man chapter 11 case
  • A $75 million ship mortgage lender in the Golden Ocean transnational chapter 11 case
  • A $200 million debtor in possession and exit financier with respect to a California real estate development
  • A Russian bank in connection with its US ancillary proceeding in aid of its reorganization under the Russian insolvency laws
  • The creditors' committee in the Bucyrus-Erie chapter 11 reorganization case
  • The secured lender in connection with a workout in chapter 11 of over $50 million in real estate loans
  • Best Lawyers - Litigation - Bankruptcy, Best Lawyers, 2023 - 2024
  • Lawdragon 500 Leading US Bankruptcy and Restructuring Lawyers, Lawdragon, 2022-2023
  • New York Metro Super Lawyers, Bankruptcy: Business, Thomson Reuters, 2010 - 2023
  • Legal 500 US, recommended lawyer, Corporate Restructuring including Bankruptcy, The Legal 500, 2015 - 2016
  • Irish Legal 100, Irish Voice Newspaper, 2011
  • Co-Author, "Lessons Learned in Pandemic Era Aviation Co. Restructurings," Law360,  December 22, 2022 
  • Co-author, "High Court Rejects Request for 'Fees on Fees' in Bankruptcy - Estate Professionals Must Defend Fee Request," Norton Rose Fulbright Legal Update, June 2015
  • Co-author, "Supreme Court Protects Against Lien Stripping in Chapter 7 Cases," Norton Rose Fulbright Legal Update, May 2015 
  • Co-author, "Eighth Circuit Strengthens Preference Defense," Norton Rose Fulbright Legal Update, April 2014
  • Co-author, "Bankruptcy Court Rejects Payment Of Make-Whole In Connection With The Prepayment Of Aircraft Finance Transactions," Fulbright Briefing, March 1, 2013
  • Co-author, "Fifth Circuit Applies Forward Contract Safe Harbor Provision to Power Supply Agreement," Fulbright Briefing, August 21, 2012
  • Co-author, "Bankruptcy Court Limits Jefferson County's Use of Pledged Sewer Revenues," Fulbright Briefing, July 9, 2012
  • Co-author, "Important Issues in a Chapter 9 Case for a Municipality," Fulbright & Jaworski L.L.P. Briefing, October 24, 2011
  • Co-author, "Second Circuit Rules That Gifting By Secured Creditors To Junior Interests Violates Absolute Priority Rule," Fulbright & Jaworski L.L.P. Briefing, February 11, 2011
  • Co-author, "Secured Lenders Take a Hit - Third Circuit Rules on Credit Bidding," Fulbright & Jaworski L.L.P. Briefing, March 29, 2010 
  • Co-author, "U.S. Bankruptcy Court Orders Turnover of Attached Funds for Administration in Danish Bankruptcy Proceeding," ABI International Committee Newsletter, Volume 7, Number 1, February 2010 
  • Co-author, "Second Circuit Rules on Earmarking Defense to Preference Actions," Fulbright & Jaworski L.L.P. Briefing, October 12, 2007
  • "Will Disclosures Mandated in Northwest Airlines Fly With Hedge Funds?" The Journal of Corporate Renewal, June 2007
  • "Supreme Court Rules in Two Distinct Areas," New York Law Journal, August 28, 2000
  • "Recent Developments in Caselaw - Attorney Compensation," Norton, Annual Survey of Bankruptcy Law, 1990, 1991, and 1994 - 1995
  • "Poison Pill Rights: Towards a Two-Step Analysis of Directors' Fidelity to their Fiduciary Duties," Note, 56 Geo. Wash. L. Rev. 373, January 1988
  • "Lessons Learned in Recent COVID-19 Era Aviation Restructurings," Speaker and Panelist, ABA Forum on Air and Space Law, New York, New York, December 8, 2022
  • "Lessons Learned in Recent Covid-19 Era Aviation Restructurings," Speaker and Panelist, Norton Rose Fulbright, Munich Aviation Summit - September 2022 and New York Aviation Summit - November 2022
  • "Why Latin American companies are filing chapter 11," Speaker and Panelist, INSOL Latin America Virtual Seminar, March 11, 2021 
  • "Cross Border Insolvencies," Speaker and Panelist, New York State Bar Ass'n International Section, Global Conference, Tokyo, Japan, November 2019  
  • "Aviation Restructurings," Speaker and Panelist, Norton Rose Fulbright, Munich Aviation Summit - September 2019 and September 2018  
  • "IP Contracts and International Bankruptcy:  Dealing With Failure and Rejection - And The Answer Isn't to See Your Psychiatrist,"  Speaker and Panelist, New York State Bar Ass'n International Section, Global Law Week 2013, May 16, 2013 
  • "Modification or Discharge of Debt in a Chapter 9 Case. How will it affect you? How can you prepare to deal with it?" Speaker and Panelist, Fulbright & Jaworski L.L.P. Webinar, October 20, 2011
  • "The End of History? Forecasting Municipal Default Risks," Speaker and Panelist, The Bond Buyer's New York/Tri-State Public Finance Conference, New York, New York, April 13-14, 2011
  • "Bankruptcy Reorganization in the Next Three Years: Opportunities and Obstacles in the Financial World of 2009 and Beyond," Speaker and Panelist, Fulbright & Jaworski L.L.P., Houston, Texas, December 10, 2008
  • "Reorganization and Reconstruction of Airlines," Speaker and Panelist, International Bar Association 2008 Conference, Buenos Aires, Argentina, October 11-17, 2008
  • "Challenges and Opportunities in Healthcare Restructurings," Speaker and Panelist, Fulbright & Jaworski L.L.P., New York, New York, April 3, 2008  
  • "Airline Reorganization in the Americas," Speaker and Panelist, International Bar Association-2nd Latin American Aviation Conference, Sao Paulo, Brazil, November 12-13, 2007  
  • "Asset Securitization and Bankruptcy Remote Vehicles," Speaker and Panelist, Moody's Corporation, New York, New York, October 18 and November 1, 2007 
  • "Intellectual Property Issues in Bankruptcy: How to Protect Your Rights," Speaker and Panelist, Fulbright & Jaworski L.L.P., New York, New York, June 6, 2007
  • "Restructuring Leases and EETC Transactions," Speaker and Panelist, Strategic Research Institute, 10th Annual Financing, Negotiating & Documenting Aircraft Finance Transactions, Las Vegas, Nevada, October 27-28, 2003 
  • New York City Bar Association 
  • New York State Bar Association
  • American Bankruptcy Institute
  • Turnaround Management Association
  • INSOL