Norman Kinel

Norman N. Kinel

Partner

Norman Kinel is a partner in the firm’s Restructuring & Insolvency Practice and the national chair of the firm’s Creditors’ Committee Group. With more than 30 years of experience as a bankruptcy practitioner, Norman has successfully represented and litigated on behalf of clients in some of the nation’s largest and most intricate bankruptcy cases, involving numerous industries. Norman’s clients value his responsiveness to their needs and his tenacity in pursuing dynamic strategies to protect and maximize their interests.

Norman regularly represents debtors, creditors, bondholders, trustees and committees of creditors, equity holders and retirees. He often advises clients in out-of-court default, workout, and restructuring matters. Norman also has extensive experience in bankruptcy asset sales and mergers and acquisitions, as well as cross­border insolvency proceedings.

Prior to joining Squire Patton Boggs, Norman served as a partner in several prominent firms, and his practice included complex bankruptcy litigation and appeals involving contested confirmations of plans, DIP financing, cash collateral and adequate protection, relief from the automatic stay, assumption and rejection of executory contracts and leases, exclusivity and substantive consolidation, and also director and officer liability, breach of fiduciary duty, fraudulent conveyance and preferential transfer actions.

Norman is listed on the Register of Mediators of the United States Bankruptcy Courts for the Southern District of New York and the District of Delaware, and was a court-approved mediator in the Lehman Brothers cases.

Explore

  • Represented committees in the Chapter 11 cases of Optima Specialty Steel, Midstates Petroleum, Constellation Enterprises, Santa Fe Gold Corporation, Adelphia Communications, Coldwater Creek, 360networks (USA), Tavern on the Green, Coastal Electric Construction, KidsPeace Corporation, DTI Holdings, This End Up Furniture, Lone Star Industries, Inc. and the Singer Corporation.
  • Represented debtors in the Chapter 11 cases of Daytop Village, The 1031 Tax Group, Robotic Vision Systems, Federal Mogul, Rocky Mountain Helicopters, Mulberry Phosphates and Andover Togs.
  • Represented bondholders in confirming a competing plan in the Senior Living Choices case.
  • Represented an investment fund in the Lehman Brothers cases.
  • Represented a major private equity firm in two multimillion dollar fraudulent conveyance actions in the Musicland Holdings case.
  • Represented a mezzanine lender to developer Harry Macklowe in connection with his default on more than US$7 billion in secured loans.
  • Represented a Chapter 7 trustee in connection with a precedent-setting tax-sharing dispute (In re First Cent. Fin. Corp., 377 F.3d 209 (2d Cir. 2004)).
  • Represented several financial institutions in the multi-billion dollar commercial paper litigation in the Enron Corporation case.
  • Represented a major international credit card processor in the Velo Holdings, Blockbuster, United Retail Group, Woman's Apparel Group and Broadstripe LLC cases.

Education

  • American University Washington College of Law, 1983
  • Yeshiva University, 1980

Admissions

  • New York
  • New Jersey
  • U.S. Dist. Ct., S. Dist. of New York
  • U.S. Dist. Ct., E. Dist. of New York
  • U.S. Ct. of App., Second Circuit
  • U.S. Ct. of App., Ninth Circuit
  • U.S. Supreme Court

Memberships and Affiliations

  • American Bar Association Business Bankruptcy Committee
  • American Bankruptcy Institute
  • Turnaround Management Association
  • The Bankruptcy Strategist (Member, Board of Editors)
  • Super Lawyers – Recognized numerous times as one of the top bankruptcy attorneys in New York City.
  • Turnaround Atlas Award for Energy Restructuring of the Year (over $1 billion) (2016) – Led the representation of the Official Committee of Unsecured Creditors in the Midstates Petroleum chapter 11 reorganization, which earned the Global M&A Network’s Turnaround Atlas Award for Energy Restructuring of the Year (over $1 billion) for 2016.
  • Turnaround Atlas Award for Industrials Restructuring of the Year (2016) – Led the representation of the Official Committee of Unsecured Creditors in the Constellation Enterprises chapter 11 cases (including the sale of Commercial Metal Forming, Jorgensen Forge, Zero Manufacturing and Columbus Castings), which earned the Global M&A Network’s Turnaround Atlas Award for Industrials Restructuring of the Year for 2016.
  • ACG New York Champion’s Award for Healthcare Deal of the Year (2014) – Led the representation of the unsecured creditors’ committee in the KidsPeace reorganization, which earned the “ACG New York Champion’s Award for Healthcare Deal of the Year” in 2014.

  • Co-author, “The Interminable 'Insured vs. Insured' Battle,” The Bankruptcy Strategist, September 2017.
  • Author, “Now You See It, Now You Don’t - The Search for “Unreasonably Small Capital”,” eSquire Global Crossings, May 10, 2016.
  • Quoted, “Optima Resolves Creditor Objections to $212M DIP Package,” Law360, February 28, 2017.
  • Quoted, “PE Lender Loses $5M Constellation Payout Bid,” Law360, October 6, 2016.
  • Quoted, “Constellation Wins Interim DIP Loan OK, But New Fight Looms,” Law360, June 8, 2016.
  • Quoted, “Santa Fe Gold Cancels Ch. 11 Auction, Names Waterton Buyer,” Law360, January 25, 2016
  • Quoted, “Squire Patton Nabs Bankruptcy Pro,” Law360, September 8, 2016.
  • Author, “A Bankruptcy Court is not a Collection Agency”: A Lesson on When not to File an Involuntary Bankruptcy Petition,” eSquire Global Crossings, February 15, 2016.
  • Co-author, “Does a Bankruptcy Court Have the Authority to Disband an Official Committee?” New York Law Journal (June 2015)
  • Co-author, “Beware: Not All Communications Between Court­Appointed Bankruptcy Professionals Are Privileged,” The Bankruptcy Strategist (May 2015)
  • Author, “Intensive Care II: Is There Recourse Against PCOs for Acts Committed in the Performance of Statutory Duties?” ABI Journal (May 2014)
  • Quoted in Wall Street Journal and Daily Bankruptcy Review in connection with a “global settlement” in the Coldwater Creek bankruptcy case, which followed intensive negotiations among the parties and resulted in the Official Committee of Unsecured Creditors, represented by Norman Kinel, withdrawing their opposition to the retailer’s liquidating plan in exchange for an extra US$5.4 million to be distributed to general unsecured creditors. July 11, 2014; July 14, 2014
  • Quoted in Law360 and Debtwire on behalf of the Official Committee of Unsecured Creditors of chapter 11 Debtor Coldwater Creek, Inc. and its affiliates, after the Debtors were unsuccessful in having their Disclosure Statement in connection with their proposed Plan of liquidation approved. June 12, 2014
  • Interviewed in the Wall Street Journal as counsel for the Official Committee of Unsecured Creditors of Coldwater Creek in connection with the women’s-wear retailer’s Chapter 11 bankruptcy filing. May 21, 2014
  • In two separate articles in Law360, the Official Committee of Unsecured Creditors’ motion filed May 16, 2014, claims debtor Coldwater Creek “gave away the store” and “abdicated their fiduciary duties” to prepetition lenders at the expense of unsecured creditors in their US$75 million DIP loan. Norman is mentioned as representing the Committee. May 16, 2014; May 20, 2014
  • Quoted in the Wall Street Journal and Daily Bankruptcy Review for his request in the Coldwater Creek Inc. Chapter 11 cases pending in US Bankruptcy Court in Delaware that the court slow down the process of approving the Debtors’ Plan of Liquidation, because “Rome is not burning,” and if the current plan is approved under the speedy timeline proposed by Coldwater for confirmation, “the committee would likely be out of business before the committee has been able to do its business,” including investigating potential causes of action against the Debtors’ lenders and insiders. Norman represents the Official Committee of Unsecured Creditors. May 16, 2014
  • Quoted in The Wall Street Journal regarding the liquidation of Coldwater Creek Inc.’s assets under Chapter 11 protection. Norman represents the Official Committee of Unsecured Creditors, which was successful in having removed from the Debtors’ proposed Going-Out-Of-Business Sales certain asset classes which the Committee believed were insufficiently marketed by the Debtors. April 29, 2014
  • Quoted in Law360 in connection with his representation of the Official Committee of Unsecured Creditors of Coldwater Creek Inc., and his request on behalf of the Committee, which the Court granted, to delay consideration of proposed bidding procedures with respect to the company’s assets. April 25, 2014
  • In The Deal Pipeline, Norman comments on Daytop Village Inc.’s Plan or Reorganization having been confirmed. May 28, 2013
  • In The NonProfit Times, Norman is quoted on Daytop Village's need to seek Chapter 11 protection. April 10, 2012
  • Comments on how the bankruptcy reorganization process may allow struggling restaurant chains to remain in business, Dow Jones Daily Bankruptcy Review, December 30, 2011
  • Comments on how bankruptcy lawyers will adapt to bankruptcy rulings such as the Philadelphia Newspaper’s decision, which denied lenders the right to credit bid as long as the lenders were provided with the "indubitable equivalent" of their claim under the plan. Dow Jones Daily Bankruptcy Review, January 3, 2011
  • In a Law360 article about the Top 10 Bankruptcy Rulings of 2010, Norman comments on how bankruptcy attorneys will devise strategies for their clients to adjust to court rulings such as the 3rd Circuit's Philadelphia Newspaper decision, which limited what had previously been thought to be a secured lender's absolute right to "credit bid" in connection with a sale pursuant to a plan of reorganization. January 1, 2011